Trade name, company name or trademark?

Many entrepreneurs think: “Why should I register my name as a trademark? I’m already listed in the CBE, so everyone can see I’m using this name.”
That reasoning contains a grain of truth but overlooks an important point: not every name is protected in the same way.

Company name

This is the name under which a business is registered in the Crossroads Bank for Enterprises. Since it serves to identify the company, it must be unique. However, it does not have to match the trade name. For that reason, it offers protection against other similar company names, but not necessarily against trade names.

Trade name

This is the name you actually use in the marketplace. As soon as you can prove that you use this name in the course of trade, you gain priority over later trade names and over trademarks that could cause confusion—so-called “cross-protection.” This protection can then be invoked before the national courts on the basis of unfair market practices. However, the protection is limited to the geographical area in which you operate.

Trademark

This is a name that serves to link goods and services to their commercial origin. Unlike a trade name, a trademark registration grants an exclusive right of prohibition throughout the entire territory where the mark is registered. From the moment of registration, it automatically obtains a priority date, allowing action to be taken against confusingly similar trademarks and (crosswise) trade names of a later date.

Domain name

This is the name used as a unique online address. It is unique and cannot be taken by anyone else, but it does require the necessary rights or legitimate interests. Anyone registering a domain name without holding a trade name, company name or trademark risks losing it to a party that does hold rights.

That these different rights can sometimes clash is illustrated by a Swedish case between pet food producer Doggy and Purefun, a pet store operating under the name Doggie. Doggy relied on both its trademark registration and its company name to stop the use of Doggie as a trade name and domain name.

The Swedish court referred the matter to the European Court of Justice: is it in line with EU law that company names, protected nationally under lighter conditions—without a use requirement or class specification—can take cross-priority over trademark registrations?
Unfortunately, the Court ruled that this was purely a conflict between company names. It merely confirmed that it is indeed permitted to protect the trade name under national law.

The need to protect the trade name against confusion takes precedence over the EU principle of free movement of goods.

Although the Court did not explicitly rule on crosswise conflicts between trade names and trademarks, this is in fact laid down at EU level. The core principle remains: whoever first uses a name lawfully has priority. The case illustrates the importance of understanding exactly what rights you have to your name, and how they relate to those of others.

Company name, trade name, trademark and domain name each have their own role, scope of protection and limitations. If you want to avoid legal disputes, ensure you have a complete overview of all the names you use and conclusive proof of your rights to them.

Remarkable will gladly help you compile that inventory and strategically determine which names should be registered. Feel free to contact us.