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The link between brand and company name

The name of a company is a rather vague expression which includes 3 realities: the corporate name (the name of the company as registered at the registry), the trade name (the name under which the activity is actually carried out) and the sign (the name of the place where the activity is carried out).

In most cases, these 3 names are identical, but it is not uncommon to create a company under one name and then decide to go under another name. This is in fact our case: the name of our company as registered at the registry office is Yamarkbut we operate under the name DepotDeMarque.com, for more visibility. We don't have a brand name because we don't have a store.

The differences between brand and company name

The company name is not an industrial property right and is therefore protected differently from the trademark:

the corporate name shall be protected only from the time it is first used, and not from the time it is registered at the Registry.
the trade name and sign are protected only if they are used throughout the territory.
the company name does not entitle the holder to bring an action for infringement before the courts.

The commonalities between brand and company name

However, the company name and the brand name have something in common:

a company name constitutes, in the same way as a trade mark, an anteriority opposable to a later trade mark, in an identical or related field of activity. It is therefore necessary to include these prior rights when pre-filing background searches of a brand.
since December 11, 2019, the company name can be used in support of a opposition before the INPI.
a company name, like a trademark, can be adopted by several different persons without the registry preventing duplications: it is therefore up to the owner of the name to defend his interests, in particular by monitoring the registers.

Our advice It is preferable to adopt as a corporate name the name under which you will actually operate your services and/or products, as it enjoys better protection than a trade name or sign. But it is always better to complete the protection with a trademark, in order to better secure your rights, and to have access to infringement action.

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