The Controversy Generated by the Use in the Market of the Company Name in Confrontation with the Previously Registered Distinctive Sings

Abstract

The objective of this paper is to analyze the controversy that arises when commercial companies or merchants try to use the name with which they are registered in the Commercial Registry to identify themselves in the market in which they carry out their commercial activities, without taking into account that the identification of establishments, products or services, corresponds to the distinctive signs, whose registration is the responsibility of another public entity, different from that of the Commercial Registry. Taking into account that the legal nature of the merchant's name is different from that of the distinctive signs, given that the purpose of the company name is to individualize the merchant as a subject of rights, while the tradename identifies an economic activity and the trademarks products or services, it is very likely that conflicts arise between these merchants and third parties that have acquired a prior right regarding any distinctive sign that may be affected by this situation. Therefore, we consider important and necessary to take this situation into consideration and to analyze preventive and corrective measures in order to avoid future contingencies.