Título II Capítulo VI. Nombres comerciales

The exclusive right to a trade name is acquired by its first public use in commerce and solely in relation to the line of business or commercial activity of the enterprise or establishment it identifies.

The exclusive right to a trade name terminates in the event of closure of the establishment or suspension of activities of the enterprise for more than six months.

Registration of the trade name in the Register is not necessary to exercise the rights that this Law grants to the holder. *Amended by Article 47 of Decree of Congress Number 11-2006 on 30-05-2006

A trade name shall be inadmissible for registration where it:

a)cannot be sufficiently distinguished from another trade name previously used by another entrepreneur engaged in the same line or commercial activity;

b)is liable to cause confusion in trade circles or among the public as to the identity, nature, activities, line of business or any other aspect relating to the enterprise or establishment identified therewith; and

c)is liable to cause confusion in trade circles or among the public as to the business source, origin or other characteristics of the products or services that the enterprise produces or markets.

The holder of a trade name shall enjoy the rights that Article 35 of this law grants to the holder of a registered mark and, in particular, may take action against any third party that without its consent uses in commerce a distinctive sign identical to the protected trade name, or a similar distinctive sign where such use is likely to cause confusion or a risk of association with the holder's enterprise or with its products or services.

The protection of the trade name also includes the right of its holder to oppose the registration of a mark or a commercial advertising expression or signal or another distinctive sign that affects its right.

The holder of a trade name may apply for its registration in the Registry and it shall be effected without prejudice to the better right of a third party. The registration shall have declaratory character and indefinite validity, but it shall be extinguished in the cases established in Article 71 of this Law. The registration may also be cancelled at any time at the request of its holder. The registration shall be cancelled by the Registry upon verification of any of the situations mentioned in Article 71 of this Law. The application for cancellation may only be brought by an interested third party at any time, in accordance with the procedure established by this Law for opposition to the registration of a trademark.

The registration of a trade name may be annulled in the same cases provided for annulment of the registration of a trademark.

Registration of a trade name, its modification and its cancellation shall be effected following the procedures established for the registration of trademarks, insofar as pertinent. In any case, the Registry shall examine whether the trade name conforms to the provisions of this chapter.

The application for registration of a trade name shall conform, insofar as pertinent, to the provisions of Article 22 and shall be accompanied by the documentation detailed in Article 23, both of this law. The classification of products and services used for trademarks shall not be applicable to the registration of the trade name.

The trade name may only be transferred together with the enterprise or the establishment that uses the trade name, or with that part of the enterprise or of the establishment that uses it. In cases of alienation of a registered trade name or one in the process of registration, as well as with regard to a change of the holder's name and licenses of use, the procedures and provisions relating to trademarks shall be applicable, insofar as pertinent.