Upon creating your company, as the legal representative, you have to choose:
- a corporate name identifying the company itself,
- a trade name under which the company will be known to its clients,
- a sign identifying the geographic location of the business capital,
- a trademark under which to market your products and/ or services,
- a domain name that is your virtual showcase on the Internet.
If the trademark right is acquired by registering it with a competent industrial property office, the right to the corporate name, logo or trade name shall be acquired from the date of registration in the Register of Commerce and Corporations (RCS), giving protection at national level.
Your corporate name may be the same sign as your trademark and your domain name, subject always to the legal availability of the latter. In this regard, prior searches are strongly advised in order to ensure that you do not infringe on previous rights when registering your company, filing your trademark or reserving your domain name.
It is specified that the business identifiers (corporate name, logo, trade name) are not industrial property titles, so that you can not infringe on this basis. Indeed, the infringement action is reserved for the holder of industrial property rights such as the trademark, the design& model or the patent.
Therefore, if your corporate name is attached to the goods/ services, it can be used as a trademark so that the filing is fully justified, subject to its distinctiveness. In case of usage in identical or similar way by an unauthorized third party (competitor, distributors or others), it will be possible to threaten or to sue the infringing third parties (see Pre-litigation and Litigation).