Company Register

Importance of the Company Name

For every company, from the moment before it is created, the company name is one of its most important starting points. The choice and protection of the name that is to identify the company in the future within a sector of activity, and its protection and recordal in the company register is the step prior to actually incorporating the corresponding company.

However, recording a company name in the Company Register does not imply guaranteeing in any way the availability of said name as a Trade Name in Industrial Property.

Using the Company Name as a Trade Name

The company name of a business or firm can be used freely to identify its trade or business activities. So, the protection of the company name as the Trade Name is not compulsory, but it is advisable so as to prevent trade conflicts or unpleasant surprises because, due to the lack of internal connections between the Company Registry and the Spanish Patent and Trademark Office, cases have arisen where a trading name has overlapped with a Trade Name registered as Industrial Property, within the same commercial sector, and which have led to a conflictive situation involving the consequent damages.

In order to avoid this kind of situation when creating a company, it is highly recommendable to simultaneously reserve the name in the Company Register, as well as its application as a Trade Name, even as a Trademark in most cases.