The corporate name is the one you must adopt to incorporate. The corporate name should include the name of one or more partners, including, if you wish, a more specific definition of the company’s activity e.g. Ribeiro do Prado Advogados (attorneys at Law) or a random name as Solmark Assessoria em Propriedade Intelectual Ltda. (Office Services) . Some Board of Trades also accepts the registration of assumed name, but there is no legal disposition for this kind of intellectual “property”.
Even if a company has the corporate name registered at the Board of Trade , if the distinctive element is part of the corporate name, or else, is similar or equal to a previously registered trademark by a third party (e.g, Sony Televisores de Guarapiava Ltda. – Guarapiava Televisions), there is a possible conflict if there is a similarity or relationship with the corporate activity, with the products or services linked to the previous trademark.
We recommend that, when choosing a corporate name with a certain expression, you try to verify if there is a trademark registered or to be registered at the INPI. It is common that the corporate name is also explored as a trademark.
O corporate name has limited protection to the company’s incorporation state, except if extension was required for each one of the other states. The trademark has national protection.
It must be noted that the expression chosen to be part of the corporate name is subject to registration also as a trademark, as long as no one has required or obtained due registration. This because the judicial discussion to annul the inscription do corporate name can occur until ten years from the registration at the Board of Trade.
