More precisely, it is an external sign visible to all and attached to a window or façade. The sign indicates the premises (e.g. a shop) and not the company itself. It is attached to the façade of the installation so that passers-by can identify the bottom. This may be the name of the company, the patronymic name of the operator, the name of the street where the premises are located or any other imaginative name. It can be reduced to an emblem (object, sign or symbol of any kind). The manager of the company acquires ownership of the name or symbol of his sign as soon as he uses it for the first time in a document (prospectus, advertisements, invoices). The mark may be mentioned in the RCS. The trade name refers to the sole proprietorship, goodwill or activity carried on, it is the name by which the company will be known to the public. Of course, there is nothing to prevent the use of the surname as a trade name. Example: “Parfumerie Samuel Durand” The protection of the trade name results from its first public use (business papers, brochures, advertising material, invoices) and is retained by use.
The trade name may be mentioned in the RCS. As far as the liberal professions are concerned, the concept of goodwill does not exist: there is no legal distinction between the name of the company and that of its owner. Nevertheless, nothing prevents them from using a corporate name in the case of a corporate practice (SEL). The ownership of the company name is acquired at the time of registration of the company in the Trade and Companies Register (RCS), it is mentioned in the premises of the company throughout its existence. Hi, I`m going to create my SASU, I filled in the statutes, but I don`t see where to put the trade name, is this normal? In the form, there is a place for the trade name, but not in the articles, does that mean that it should not be in the law, but only in the form? Thank you in advance for your reply. First of all, it should be recalled that these three concepts should not be confused with the trademark, which is an industrial property right issued by a national body (such as the INPI in France), supranational or international, and which serves to distinguish goods and services offered by a natural or legal person. A business can have several names: a “business name” that identifies the company, a “company name” that identifies the legal entity, a “sign” and even a “domain name” if it has a website. If a company wants to stand out from its competitors and increase its visibility in the eyes of the public, it must make itself identifiable. To do this, he can use several tools when creating, including choosing a business name.
The latter must be distinguished from the company`s brand. Focus on the notion of a company`s trade name, its usefulness and how to choose it. This is the easiest way to name your business, as we assign the number. Hello, The trade name is protected on official papers, especially since its first public use, and is preserved by use. You do not have to submit it to the INPI, because there is no intellectual property right on a trade name. Be careful, however, because the company that uses it before you will always be able to assert its protection of use and its right of foresight before the courts. Finally, be aware that this protection is territorial, depending on the influence of the clientele (city, department, region, country), therefore, if you do not practice in the same area, you can use the same. Read more » I currently have a company registered with the SAS (accommodation and small catering activity) with a trade name “En parenthèse” in the company. Also, I will soon open an escape game under a different commercial name, but in the same place.
It`s possible? What measures have been taken? Because right now I have my logo, my name, but nothing says on paper that it belongs to my company. I admit that I am a little lost. Finally, we would like to remind you that in all cases, whether it is a corporate name or any other name, it must always comply with the Charter of the French language. The Registraire des entreprises analyses compliance with the Charter of the French Language for all names registered without exception. It must appear in the articles of association of©the company, followed by© its legal form (SARL, SAS, SA, etc.). If you remember these tips, you can be sure to choose the right name for your business! For this purpose, a state-of-the-art search is carried out in the database of the infogreffe site to check if the name is not already used by another company.