Company names, trade names and other business identifiers – MARQUES-study on lack of harmonization
Sascha Abrar co-chaired a study on company names, trade names and other business identifiers, conducted and published by the MARQUES Unfair Competition Team. The study is summarized by HouseMARQUES, Issue 106, October 2019, as follows:
“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…”
Country report Germany Sascha Abrar investigated the protection of company names, trade names and other business identifiers in Germany. The article can be downloaded here:
For further information on the protection of company and trade names vs. trade marks (and vice-versa), we suggest to read the following articles published by Kluwer Trademark Blog:
German Federal Patent Court confirms broad protection of company and trade names against trade marks in Germany, Kluwer Trademark Blog, 12. April 2018
Protection of trade marks against trade names in Germany: Change of law? Kluwer Trademark Blog, 9. Oktober 2017