The company name is a protected treasure! Don't get robbed


You are setting up a new company - it is obvious that you want it to function effectively, grow and win a faithful group of customers. When that happens, you'll likely have a follower - and as long as you're just a role model for them, that's great. The problem may arise with dishonest entrepreneurs who want to promote themselves on the name of your company. And the name of the company is a protected treasure - thanks to it, customers will recognize you, it is your trademark and no one should reach out for it. Therefore, if you care about the success and profits of your own company, it is worth knowing the rules of protecting your own trademark.

Company name - definition and purpose

Both the term company name and the word company itself mean the same in the context of Polish law. According to the Civil Code, in the case of a natural person running a business, the name and surname will be the company (Article 434). Nothing prevents you from expanding such a company with additional names, nicknames, type or place of business, etc.

However, in the case of a legal person, the name of the company is - indicates art. 435 KC - the name that must specify the legal form of the legal person (e.g. capital company, limited liability company). It can be extended to include the subject of activity of the enterprise and the names or nicknames of natural persons.

Why do we use the name of the company. First of all, to distinguish the enterprise from other companies operating on the market. Secondly, the name may be aimed at indicating to the customer at the outset what it does and what goods or services it offers. Importantly, the company must not mislead potential buyers under any circumstances.

The company name is protected

Since the name of the company is so valuable to the enterprise, the rules for its adoption and use could not remain unregulated. As indicated in art. 432 §2 of the Civil Code, the company should be reported by the entrepreneur in the appropriate register. What is more, each of its changes is also connected with updating the registered data (Article 437).

Why is it so important? Namely, in accordance with further provisions of the Civil Code, in a situation where someone else's action threatens the company and violates the right to it, the entrepreneur has the right to demand that such action be discontinued. Moreover, in the face of such a breach, the business owner has the right to demand removal of its effects, submission of a declaration or statements in appropriate content and form, compensation for property damage or the provision of benefits resulting from the breach. However, the entrepreneur has the right to such actions only if the third party's action is actually unlawful.

Company name and trademark

The name given to a company primarily relates to the entire activity. Sometimes, however, the entrepreneur decides to use it to name the offered goods or - less frequently - services. An example are the most popular companies producing sportswear and clothes, e.g. the Reebok International Limited company and its sports shoes, commonly known as reeboks.

A trademark is a registered and legally protected element, which is to distinguish certain goods and services from other, competing ones. A trademark is sometimes synonymous with a company, but not always. Most often it is presented in the form of graphics (as in the case of the red paw of Heyah), a color scheme (purple is by definition associated with Milka's chocolate, and sharp pink - with T-Mobile), and even a sound or slogan (here you can also cite t -mobile "Moments that connect" against the background of a short melody).

Trademarks are protected under the provisions of the Industrial Property Law - they are registered in patent offices, thus reserving exclusive rights to them.

So you can see that the name of the company is not only the name and surname of the entrepreneur combined with a catchy slogan. This is very valuable information that should be well taken care of at the beginning of the company's operation.