A right to a company name can be obtained either through registration or through establishment, i.e. making the name commonly known in a company's business sector. A right to a secondary mark can only be obtained through establishment. Such marks can, however, often be registered as trademarks.
A private person can use his own personal name as a company name.
An application to register a company name is filed to the Trade Register. Usually the application is filed at the same time as one founds a company or starts ones business, but applications can also be made at a later time. A registered company name is valid in principle forever, i.e. as long as the company in question is registered the company name is valid.
The registration serves as evidence of the registrant's ownership of and exclusive right to use the name and to prevent infringement of it.
A right to a company name through means of establishment is obtained by using the name in a company's business. Usually it takes a long time to establish a name, but the time is not relevant. The right to a name through establishment is obtained when the name is commonly known in the relevant business sector as an identification for the firm or its business. A general rule is that over 50 per cent of the people in a relevant business sector has to know that the name serves as identification for some certain firm.
The content of this article is intended to provide a general guide on the subject matter. Specialist advice should be sought about your specific circumstances.
