What is a brand name?

Many have heard such a term "brand name", however, few people know what exactly it means. Most can only make certain assumptions based 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 interpreted 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 corresponding state register. It is given once at the time of creation of the enterprise, and accompanies it throughout the entire period of functioning of the legal entity. It must necessarily be in full form and optionally shortened. Changing a company name is possible only for a good reason and must be reflected in the constituent documents. Such cases include a change in the legal form of organization or a change in the composition of the founders who want to reflect this in the name of the current entity.

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

I must say that the company name refers to intellectual property, which are protected by relevant 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 company name of the company where this or that product was manufactured is a guarantee of its quality. In this case, it may be necessary to register a trademark, which may soon become an easily recognizable brand.

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

The exercise of this right is carried out by indicating the name of the enterprise on signs, invoices, letterheads and other similar documentation, as well as in advertisements and on packages of goods. You can use all the methods that do not contradict the law.

Source: https://habr.com/ru/post/A13280/

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