The exclusive right to a company name means that no one else may in their business use a name that would infringe or could be confused with the existing registered or established name. Usage is not defined in the law, but the company name si normally used when signing documents, for advertising purposes and so on.
In order for company names to be similar, confusing and therefore possibly violating another name the holders of the names have to be engaged in related businesses. When investigating a possible similarity, the key factor to take into account is the overall impression.
However, as the authorities do not register a company name that does not differ from other already existing names, problems regarding them are less likely to occur than for example with trademarks.
A registration gives an exclusive right to the name in question for the whole country, whereas a right through establishment only gives protection in the area where the establishment has taken place.
Often a company name is in practice only used in some small area of the country. Accordingly there is a rule according to which one may use a confusable company name in a small part of the country if one can show that the holder of the actual company name will not suffer any damage.
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.
ARTICLE
10 December 1996