Trade name

A trade name is the sign [trading name (for legal person), trading name (for individual business)]used to identify an enterprise (natural or legal person) in the exercise of its business and which allows distinguishing it from other enterprises performing the same or similar activities.

• Trading name (for legal person) :

Trade name (social) is the appellation under which a corporation (Partnerships, Capital Company or economic interest groups) practices its activity; it identifies the enterprise as a legal person. Its inscriptionin the trade register is mandatory.

The name of a legal person business is protected throughout the national territory, regardless of the actual radiation of the company. This protection is limited to the domain of activity of the company.

• Trading name (for individual business):

The trading name (for individual business) is the sign used to identify and geographically locate a commercial establishment (operated either by one natural or legal person) and which allows to distinguish it from other commercial establishments.

Traders eager to have a commercial signboard must mention it in their declaration of registration in the trade register (Article 42 paragraph 9 of the Commercial Code).

The sign of an exploited by the trader of a natural or legal person commercial establishment is only protected as a local radiation. This protection is also limited to the field of activity of the commercial establishment.

The central trade register held by the OMPIC delivers a negative certificate attesting to the availability of the requested trade name (name, signboard and acronym if applicable) and gives a delay of maximum one year to complete the registration in the trade register.

To be awarded, the requested name must meet the following criteria:

The requested name must not be contrary to the public order and morality

It is forbidden to use words contrary to public order and morality or terms suggesting that the enterprise practices illegal activities.

The requested name must not be misleading

• The name must not already be used.
• It must not create confusion with an existing trade mark.
• It must not suggest that this is a public body, or a partner of an international organization.

The use of certain words needs an authorization.

The requested name should be distinctive

• The name must allow the enterprise to be easily distinguished from other enterprises working in the same sector.
• It is possible to use a word or a group of existing words, an invented word, a surname or a first name, initials, a group of letters, etc.
• It is possible to register in addition to a commercial name, initials corresponding to the initials of the words composing the chosen name.
• The name can describe the business (it is not a requirement).

The name, abbreviation or signboard does not confer on its holder a protection of these commercialized products and services, hence the necessity to consider protecting them as a brand in order to avoid any confusion in the public spirit