LawCopyrights

What is the brand name

Many have heard such a term "brand name", however, very few people know what exactly it means. Most can only make certain assumptions, relying on the lexical meaning of the words included in this phrase. To find the answer to this interesting question, it is best to turn to the legislative framework.

From the point of view of the civil code, a company name can be treated as the name of a commercial organization, under which it participates in civil circulation, that is, it carries out its activities. It is recorded not only in the constituent documents of a particular enterprise, but also registered in the relevant state register. It is given once at the time of establishment of the enterprise, and accompanies it throughout the entire period of the functioning of the legal entity. It must necessarily have a full form and, if desired, a shortened one. Change of the company name is possible only for a good reason and must necessarily be reflected in the constituent documents. Such cases include changing the legal form of the organization or changing the composition of the founders who want to reflect this in the name of the acting entity.

In other words, the corporate name of a legal entity is the name of a certain enterprise, consisting of two parts, which its founders came up with. The first indicates the legal form of the organization, for example, JSC. The second part of the founders come up independently. In doing so, they must comply with a number of specific requirements. The firm name should not contain full or abbreviated official names of foreign states and their derivatives, as well as names of state bodies of Russia and other organizations, the list of which is established by the Civil Code. Also, designations that may conflict with public interests and moral principles should be excluded from it . At the same time, it must be bright, catchy and easily remembered, to have distinctive features that make it impossible to mix one firm with another. Only in this case it is possible to achieve certain results in the field of marketing, making the name of the enterprise easily recognizable among potential partners and consumers of products.

I must say, the company name refers to the objects of intellectual property, which are protected by the relevant norms of the law. This means of individualization, allowing the company to stand out among competing enterprises. However, only the names of commercial organizations fall into this category. For many consumers, the brand name of the enterprise on which the product was manufactured is a guarantee of its quality. In this case, it may be necessary to register a trademark, which will soon become an easily recognizable brand.

The right to a brand name has only its rightholder, so it can be safely called exceptional. It can not be transferred to anyone else for temporary use, even on the basis of a license agreement. No one else has the right to produce products by using the name of your company. It can change the rights holder, only in case of sale or transfer of the enterprise as a whole.

The realization of this right is made by indicating the name of the enterprise on signboards, bills, forms and other similar documentation, as well as in advertisements and on packages of the goods. You can use all the ways that do not contradict the law.

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