The influenced legal protection of trade name : comparative study

Abstract EN

The trade name is an immaterial and valuable asset for both the trader and the company he identifies.

It is a useful information tool for the consumer.

In the interest of the business and commercial enterprises, the trade name should be protected against unauthorized use that could be misleading to the public.

It must also be prohibited in the event of misuse, for example if it gives a particular image of the geographical origin of an enterprise or of a particular characteristic of its activities or of the industrial process that it uses.

Such practices could easily lead to consumer deception.

By its role of identification and protection, the trade name is generally protected in most legislations.

The framework convention of Paris Convention for the Protection of Industrial Property, also on such protection, in addition to internal legislation.