Trade name. A trade name is a name by which a business distinguishes itself in the marketplace. The degree of distinctiveness required for a trade name is relatively low. A trade name may be largely descriptive, provided that it enables the business to be identified in the course of trade. A business may also use multiple trade names, whether or not for different divisions of the business. A domain name under which a website operates is, in principle, also a trade name.
Protection. A trade name right offers protection against later trade names that differ only slightly where, having regard to the nature of the businesses and their place of establishment, there is a risk of confusion. The trade name right therefore – unlike other IP rights – does not offer protection that by definition covers the whole country, but may be locally limited.
Registration. A right to a trade name arises from the actual use of that name as a trade name. Registration in the Commercial Register is not relevant for this purpose (though it is necessary to comply with the obligations under the Commercial Register Act).
Duration. A trade name right, like a trade mark right, has, in principle, an unlimited duration for as long as the trade name is in use.