Trade Name Law: Protect Your Event Name

Questioner

We have started an event agency that is not yet registered with the Chamber of Commerce. However, we have heard that another party is organizing a club event under the same name as one of our events. Could this cause problems in the future? And what could we do to register the name?

Lawyer

The trade name right is an intellectual property right and follows from the Trade Name Act. In order to prevent misleading or confusing the public, the entrepreneur enjoys trade name protection. This means that another company may not use the same trade name if this creates a risk of confusion. In principle, trade name law applies for an indefinite period, or at least as long as the company uses the name as a trade name. No registration of the name (in the Trade Register) is required for protection. Whoever is the first to use the name in social intercourse enjoys protection., ex lege art. 3 - 4 Hnw. (Trade Name Act). Only trade names that meet the requirements set for this are protected. An entrepreneur can take action against a company that uses an identical trade name if he can demonstrate that confusion among the public is to be expected. In determining whether this is the case, location, name recognition of the company and the relevant public play a role.