Trade name

Trade name is the name of the organization or individual used in business to distinguish the business entity bearing such a name with another business entity in the same sector and business sector.

Conditions of protection for trade names

Trade name are protected trade name if it is capable of distinguishing the business bearing the trade name with other business entities in the same sector and the business sector, to meet the following specific conditions:

• It contains a component name, except where it has been widely recognized by the use;
• No identical or similar to cause confusion with another trade name that was used before in same sector and business sector;
•  No identical or similar to cause confusion with another trademark or geographical indication already protected before the trade name is used.

Industrial property rights to trade names

• Being established on the basis of practical legal use of trade names corresponding to the region (territory) and business performance, without registration procedures.

The scope of rights to trade names

• To be determined by the scope of protection of trade names, including trade names, business area and business territory in which the trade name owner may bring a trade name used legal way.
• The registration of names of organizations and individuals dealing in business procedures is not considered that the name is used only as a condition to use names that are considered legitimate.

Description of work performed by Intercode:

• Advising on the selection and protection of trade names;
• Advice on other issues involved such as: the issue of an owner, the issue of allows the use of trade names, trade name protection ...
• Counseling problems when disputes arise concerning the use of trade names;
• Implementing registration procedures at the competent state agency;
• Representatives for customers to work with the competent state agency;
• Monitor the behavior infringement of the trade name, to draw up a profile litigation if necessary;
• Send the written reply in response to the occurrence of dispute the trade name for the other applicant;
• The related work under authorization.
  

* For any further request, feel free contact us.

(Intercode Team)