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Date: August 19, 2020
Posted by: CPDMA Team

Do you know the difference between business name, establishment title and brand? And the importance of registering your brand?

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Business name, called corporate name until 2002 (by the former Civil Code) is the firm or denomination used to carry out the company's activity. It usually appears in the header of the invoice or invoice.

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The title of the establishment is also known as a trade name. It is the way the public knows the company.

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The brand, on the other hand, is a sign, a kind of visually perceptible “symbol”, which identifies and distinguishes products and services from others existing for the same branch of activity.

How important is a brand to a company?

  • It is one of the most important assets of a company.
  • It can generate profit through its commercial exploitation (eg licenses and franchises). 
  • It is the brand that identifies your product or service, making it a reference for consumers.

What is the importance of registering a trademark?

  • The registered trademark guarantees its owner the exclusive right to use it throughout the national territory, for the branch of activity in which it was requested.
  • Your protection can be extended to other countries.
  • Ensures protection against competition.

What if I don't register?

  • Trademark registration is granted to the first applicant. Therefore, if the trademark is not researched – for the purpose of ascertaining any previous colliding trademark – and is used without registration, there is a risk of suffering from lawsuits for the unauthorized use of a third-party trademark, in addition to the payment of indemnities and the need to change the identity already adopted by the company.

Source: Vanessa Pereira Oliveira Soares.

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