Company name, trade name and trade mark

20150515 times square

“No, it’s not necessary; we already have the company name at the commercial registry”. This is one of the most common statements that businessmen and entrepreneurs give us more often. They recently started a business and really believe that they can operate freely using that name exclusively in several ways, thinking that those uses are covered by the company name.

But why should you protect the trade name and trade mark if you already have registered the company name?

Times Square, increible escaparate de marcas

A company name identifies a legal person in trade as a subject of rights and obligations in all their legal relations, i.e. they are used in situations such as signing contracts, issuing invoices, paying taxes, etc. The body responsible for managing them is the commercial registry, which assesses if a proposed denomination is suitable for registration in accordance with a set of rules and also registers the facts and acts relating to individual entrepreneurs and companies.

Meanwhile, trade names are signs that identify the companies themselves in trade, and trade marks distinguish products and/or services of one undertaking from those of others in the marketplace. Both titles are granted nationally by the Spanish Patent and Trademark Office.

To better understand these figures, let’s look at the following example.

A company dedicated to clothes and accessories is the holder of:

¬† ¬† ¬†‚ÄĘ a company name: Maximo Diurny Apparel, SL created for the development of the activity of manufacturing and marketing of textile products, footwear, accessories and clothing;

¬† ¬† ¬† ‚ÄĘ a trade name: Maximo Diurny (with a logo) to promote its business establishments; and,

¬† ¬† ‚ÄĘ a bunch of brands through which it offers its products to the public, for example, MaxDHome (line of household products), MaxDGlamour (product line for adults), MaxDKids (product line for children) and MaxDExpress (home delivery of goods).

As shown in the previous case, company names, trade names and trademarks play different roles and therefore they are subject to a different legal regime, thus requiring an adequate protection according to its nature.

In addition, a denomination may be suitable to become a company name but it does not imply that the it will necessarily prove acceptable subsequently as a trade mark and vice versa, for example, a company name may not qualify as a trade mark because of its lack of distinctiveness, or because it consists of a descriptive word, or indicates geographic origin or simply because it has already been registered as a trademark by a third party. On the other hand, a mark consisting of words may prove unaccepted as a company name at the Commercial Registry for failing to comply with the regulations in force, e.g. the requested company name uses the same words as another previously registered company name, even if the words are filed into different order, gender or number.

Given this wide casuistry, what is clear is that in practice company names, trade names and trade marks can collide in trade creating confusion among consumers. To avoid trade conflicts or other problems it is advisable to establish a good strategy on Intellectual Property from the beginning, including, for example, conducting searches of prior rights that may pose a registration obstacle or filing simultaneously a company name before the commercial registry and a trade mark at the trademark office.

To address the above, we invite you to contact us. We offer you a fully integrated intellectual property practice providing comprehensive legal advice from protection of the corporate names portfolio (company names, trademarks, trade names) and other assets relating to intellectual property through enforcement of the same in a wide range of industries.

Posted in Uncategorized

We launch new website and blog!

delineacion

We launch Duran Haeussler’s new web and inaugurate our blog with this first post!

As mentioned in our Mission, we are a firm specialized in management, advice and legal defense of rights in the field of intellectual property.

Entrepreneurs, inventors or businessmen share the same¬†doubts: what should I¬†do to identify myself in the marketplace? Is it enough to register my¬†commercial denomination before the Mercantile/Business Register? Do I have to register my trade mark? Why should I do it? In terms of inventions, the usual queries are:¬†“I have invented a new vehicle, container, apparatus, machine, tool, material, device, etc… and¬†I want to manufacture it and/or commercialize it: Should I protect it? How do I do it? Should I stick to the national¬†territory or protect it¬†abroad? Are all countries¬†managed the same way? Who helps me? Who can give me advice?

From Duran Haeussler, as explained in our Vision statement, we are prepared to answer all these questions and to define an optimal protection strategy because your trade marks, designs, inventions and other IP rights are important enough to get professional advice before making any decision. This is the best guarantee for obtaining excellent legal protection and for maximizing your intellectual property rights.

Another common situation is where applicants, having initiated the registration proceedings, contact Duran Haeussler when they receive office actions, oppositions against their applications, cease and desist letters or when other issues come up during the registration process. Even though some problems can be overcome and the matter can be positively corrected, in other occasions the situation may lead to an irreparable loose of rights.

This is the reason why we always recommend entrepreneurs, businessmen or inventors to look for professional advice from the beginning.

This has been our first blog post. In future posts we will cover the latest developments in the field of intellectual property and further interesting or just curious topics.

Follow us on Twitter for updated information, news and events: @DHVioladuran

Note: Any article included in this blog and/or opinions expressed therein do not necessarily reflect the views of any Intellectual Property Office or of other entities or third parties but remain solely those of the author and do not constitute legal, technical or any other type of advice. The owner of this blog declines any responsibility for the information provided or for the consequences of errors or omissions.

Posted in Duran Haeussler

Uso de cookies

Utilizamos cookies de terceros que analizan de forma estad√≠stica el uso que hace de nuestra web para mejorar nuestros contenidos. Si contin√ļa navegando, consideramos que acepta su uso. Puede cambiar la configuraci√≥n u obtener m√°s informaci√≥n en nuestro Aviso Legal.

Use of cookies

Our firm uses third party cookies which help us with the statistical analysis of traffic to our website in order to improve its content. If you continue to browse this website, this will be deemed an acceptance of their use. You can change the settings or obtain further information at our Terms of Use.

Utilització de cookies

Utilitzem cookies de tercers que analitzen de forma estad√≠stica l'√ļs que fa del nostre web per millorar els nostres continguts. Si continua navegant, entendrem que acepta el seu √ļs. Pot canviar la configuraci√≥n o veure m√©s informaci√≥ en el nostre Av√≠s Legal.

CERRAR

Uso de cookies

Utilizamos cookies de terceros que analizan de forma estad√≠stica el uso que hace de nuestra web para mejorar nuestros contenidos. Si contin√ļa navegando, consideramos que acepta su uso. Puede cambiar la configuraci√≥n u obtener m√°s informaci√≥n en nuestro Aviso Legal.

Use of cookies

Our firm uses third party cookies which help us with the statistical analysis of traffic to our website in order to improve its content. If you continue to browse this website, this will be deemed an acceptance of their use. You can change the settings or obtain further information at our Terms of Use.

Utilització de cookies

Utilitzem cookies de tercers que analitzen de forma estad√≠stica l'√ļs que fa del nostre web per millorar els nostres continguts. Si continua navegant, entendrem que acepta el seu √ļs. Pot canviar la configuraci√≥n o veure m√©s informaci√≥ en el nostre Av√≠s Legal.

CERRAR