There is great divergence in the law on trade names, company names and other business identifiers – even within the EU. In particular, there are differences regarding what qualifies as a company/trade name, whether registration and/or use is required, transfer, the scope of protection and (perhaps of most importance) the impact on trade marks.

To highlight and address some of these issues, the MARQUES Unfair Competition Team has published a New study on company names, trade names and other business identifiers, which is available for members to download from the Team’s page.

The study is based on a questionnaire comprising 13 questions and sub-questions. It covers 14 countries: Argentina, Austria, Brazil, the Czech Republic, Denmark, Finland, France, Germany, Latvia, The Netherlands, Russia, Switzerland, Turkey and the UK.

The results of the survey are presented in five parts: (1) an overview of trade names and their relationship with trade marks; (2) the results of the questionnaire; (3) narrative on the results; (4) the questionnaire; and (5) the PowerPoint presentation made on this topic at the Annual Conference 2017.

This study is an ongoing project, and the Team would welcome feedback from MARQUES members and others on the results published, as well as input from other countries not yet covered.

For more information, or if you wish to complete the questionnaire for your jurisdiction, please contact Sascha Abrar, Karin Pomaizlova or Alexandra di Maggio, all members of the Team.