ICONOS FINALES-TRAZADOS

Company with the same name as yours

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You have become aware that there is a company whose name is almost identical to yours, and that bothers you because other clients could confuse them.

The law prohibits two companies from having the same name or very similar names (regulating what is considered "very similar", such as using the same words in a different order or adding or removing generic terms).

If you have become aware that a company has a name almost identical to yours, the advisable thing, in the first place, is to contact that company and negotiate. Perhaps it will agree to modify the name (for which you will have to request a new denomination and the general meeting will have to agree to the change).

If the negotiation with that company does not succeed, you will have to sue them. In that case, having registered the name of yours first will benefit you. However, this is not decisive, as other circumstances will also be considered, such as having products registered under that name.

In any case, you will have to prove to the courts that the similarity of names has caused you damages such as:

  • Loss of clients. For example, if the fact that clients confuse both companies has led to a decrease in revenue. The billing records, since the other company started operating, will help you prove the loss.
  • Damage to your corporate identity. For example, if due to the confusion between both companies and the other company having negative reviews, the client attributes them to yours, which you can prove with an expert report.

 

Our professionals will help you negotiate with the other company to change its name or, if it does not do so, to file a lawsuit.

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You can access the legal notice and the complete information here

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