Trade name means a designation of an organization or individual in business activities, capable of distinguishing the business entity bearing it from another entity in the same business domain and area.
A business area mentioned in this Clause means a geographical area where a business entity has its partners, customers or earns its reputation.
Industrial property rights to trade names shall be established on the basis of lawful use of the trade names. The owner of a trade name shall be the organization or individual that legally uses it in the course of business.
General requirements for trade names eligible for protection
A trade name shall be eligible for protection if it is capable of distinguishing the business entity bearing such trade name from other business entities acting in the same field and locality of business.
Subject matters not protected as trade names
Designations of State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations or those entities who are not engaged in business activities shall not be protected as trade names.
Distinctiveness of trade names
A trade name shall be considered as distinctiveness if it meets the following conditions:
1. To consist of a proper name, except where it has been widely known as a result of use;
2. Not to be identical with or confusingly similar to a trade name having been used earlier by another person in the same field and locality of business;
3. Not to be identical with or confusingly similar to another’s mark or a geographical indication having been protected before the date it is used.