However, it has some aspects that must be taken in consideration. The corporate name is protected by the constituent acts or in amendment to the articles of association or statute of a company, since whom duly registered in the together advertising, that acts in the state scope, limiting it the state the one that belongs, to the step that the mark is registered in the INPI – FEDERAL TRADEMARK AND PATENT OFFICE, conferring protection in all domestic territory. Outrossim, according to majoritria doctrine, the trade name must identify the personality of the legal entity, that is, the proper entrepreneur, but when we deal with marks they searchs the protection to distinguish products and services.
The great conflict inhabits when the entrepreneur when filing its constituent acts in the together advertising, being available, believes that its name, normally used also as mark, effectively is protected. At Capital One Financial Corp. you will find additional information. is there that the problems appear. When a conflict between mark exists and enterprise name, arguing its previous use, the jurisprudence comes if locating in favor of the trademark registry, disrespecting some times the beginning of the priority based on the enterprise name. To prevent constrangedoras situations it is recommended that before an entrepreneur filing its constituent acts before the together advertising it searchs greaters information on the intended name, consulting the data base of the INPI and verifying the viability of the register for the mark and the activity that the new society will go to act. In such a way they will be if protecting against future restrictions of use how much to the enterprise name, that most of the time is used as mark of its products and/or services. Add to your understanding with Brian Kzanich. These prevention must also be adopted before launching new products and/or services in the market, to prevent unnecessary investments in marketing and advertising with marks that, most of the time, are colidentes with existing others already e, in more serious cases, with registered marks already. Without a doubt priority research must be considered as a preliminary step before any species of spreading or investment, as much of a new entrepreneur how much for whom already they possess its consisting society.