You don’t want your competitors to use a name too close to yours.
You don’t want your customers or potential investors to confuse you with another company
and knock on their door instead of yours.
Your customers must recognize you by your name, and distinguish you perfectly from your competitors.
I want to be the first
You must thus first and before any registration, to make sure that you are the first on the chosen name.
It is up to you to conduct searches, with the help of an Industrial Property Attorney, among all the rights that could be invoked against the use of your name in the course of business: other company names of course, but also trademarks and domain names.
You might be tempted to skip this step… but then you take a risk. Indeed, the holder of a prior right can initiate legal action (infringement and/or unfair competition) against the name of a company registered subsequently and infringing its rights.
The risk should not be underestimated. You must make sure your name is available. This information is provided by efficient and professional searches.
I want to be the last
You have to do what it takes to remain unique. To do so, you must prevent others from carrying on the same or similar activity as you, under the same or a similar name.
Since December 2019, your corporate name allows you to file an opposition against a third party’s identical or similar trademark application.
The opposition procedure is a fast (6 to 12 months) and inexpensive administrative action that allows you to obtain the rejection of the subsequent trademark. It is therefore very efficient!
To use this new way of action, do not forget to set up a watch on your name among the trademarks. Indeed, if you have the possibility to act, you must first be informed in due time of the infringement of your rights!