A company can have several names:
- A corporate name (dénomination sociale), which identifies a business as a legal entity, is the equivalent of an individual's surname.
- The trade name (nom commercial) under which your company's business will be known to the general public. Sometimes this is the same as the company name. It may appear on commercial documents, business cards, company letterhead or invoices in addition to mandatory information (company name, registered office, SIREN number, etc.).
- A sign (enseigne), which is a visible sign that identifies and geographically locates an establishment. This is a sign attached to the facade of the establishment.
Interests
Ownership of your company name is acquired when your company is registered with the National Trade and Companies Register.
Protection of a trade name and mark arises upon the first public use, that is, upon their use (business papers, prospectuses, advertising, invoices) and continues during use. A trade name or mark may be mentioned in the National Trade and Companies Register.
Restrictions
While the protection of a trade name (dénomination sociale) has a national scope, the protection of a trade name or mark has a territorial scope, limited by the influence of the clientele (city, department, region, country).
Precautionary measures
Before registering your business name, you must ensure that the name you select is accessible, meaning that it does not reproduce or imitate a previously copyrighted name for activities identical or similar to yours.
If your company name is not available, it can be challenged at any time by the holders of priority rights, who could, for example, sue you for infringement or unfair competition and prevent you from using your company name.
Rights arising from an existing trademark, literary work, trade name or trade name. This area recognizes priority of use: the company that first adopted a trade name or business name can therefore sue the person using that name or that name on the grounds of unfair competition. However, he will win his case, namely a ban on the use of a name chosen by a third party, only if the latter creates a risk of confusion with his own.
Clarification: This risk exists if a third party uses a name that is identical or nearly identical to the company name and if it operates under that name in a geographic area where the company is known to the public. In addition, judges evaluate the risk of confusion between a company's name and a subsequent trademark registered by a third party depending on the degree of similarity between the products or services sold by the company and those designated by the trademark.
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