Protecting your name and brand from the company's launch
Company name, trade name, trademark: only a trademark filing with the INPI protects a name across the whole territory. Steps, cost, duration and prior-rights search from launch.
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Business law support in France | Corporate secretarialExpert note: This article was written by our chartered accountancy firm. Information is current as of 2026. For a personalised review of your situation, contact us.
Quick answer. At launch, several names coexist: the company name (the official name of the company, protected nationally from registration), the trade name (the name known to the public, protection limited to the area of activity) and the trademark. Only a trademark filing with the INPI protects a name across the whole territory for the goods and services targeted, for 10 years renewable indefinitely, from 190 euros for the first class. Before any filing, you must check the name's availability.
Protecting your name is one of the reflexes founders neglect most, until the day a competitor uses the same name, or files the trademark before them. Yet the different names of the company do not offer the same protection. Here is how to protect your name and brand from launch.
The different names of the company#
A company bears several names, which are not the same and do not protect in the same way.
The company name is the official name of the company, its legal-entity identity, mandatory and set in the articles; it is protected nationally from registration. The trade name is the name under which the company is known to the public for its activity; optional, its protection is limited to the geographic area of activity and clientele. The sign designates the name of the premises. None of these names protects beyond the area of activity, except the company name, protected nationally but only as a company name.
For strong national protection on a product or service name, only one tool really exists: the trademark.
The trademark: the only strong national protection#
A trademark filing with the INPI confers an exclusive right on a name.
The trademark, filed with the INPI, protects a name (or a logo) for the designated goods and services, across the whole national territory, for a duration of 10 years renewable indefinitely. The filing is made by classes of goods and services, under the Nice classification which has 45. The cost is about 190 euros for the first class, plus about 40 euros per additional class. It is the only way to prevent a third party from using your name for a similar activity, anywhere in France.
The trademark is therefore the most profitable protection investment for a founder attached to their name, far more protective than the company name alone. It combines with the reservation of the corresponding internet domain name.
Check availability before filing#
One prerequisite conditions the validity of the filing: the name's availability.
Before filing a trademark, or even choosing a company name, you must check that the name is available, that is, it does not reproduce an earlier trademark, company name or trade name for similar activities. Filing a trademark already taken exposes you to an opposition or an infringement action, and to having to change everything after launch. This prior-rights search, on the INPI databases and beyond, is a step not to be neglected.
| Name | Protection | Scope |
|---|---|---|
| Company name | From registration | National, as a company name |
| Trade name | Through use | Area of activity and clientele |
| Sign | Through use | Premises and nearby area |
| Trademark (INPI) | Through filing | National, targeted goods and services |
Our view#
Protecting your name from launch avoids costly setbacks. The classic mistake is to believe that registering the company is enough to protect the name: the company name protects, but weakly, and the trade name only counts in the area of activity. Only the trademark offers strong national protection.
Our advice is to first check the name's availability, then file the trademark for the classes matching the activity, and reserve the domain name. This modest investment, a few hundred euros, secures an asset that will gain value with the company. Waiting means risking that a competitor files the name before you, or that an earlier right is raised against you. Protecting the name is part of the foundations to lay from launch, on a par with the choice of structure.
A common case#
A founder had registered their company and launched their activity under a catchy name, without filing a trademark, convinced the company name protected them. A few months later, a competitor filed this name as a trademark and asked them to stop using it. The company name was not enough to protect them on the goods and services side. The episode cost a name change and the loss of the reputation built. For their next project, they checked availability and filed the trademark from the start.
Frequently asked questions
Does the company name protect my name?+
It protects your name nationally, but only as the company's name. It does not prevent a third party from using a similar name as a trademark for goods or services. For that, a trademark filing is necessary.
Why file a trademark?+
Because the trademark is the only way to obtain strong national protection on a name, for the designated goods and services. It gives an exclusive right and allows action against a third party using your name for a similar activity.
How much does a trademark filing cost?+
About 190 euros for the first class of goods or services, plus about 40 euros per additional class. The protection lasts 10 years and is renewable indefinitely, which makes it a very profitable protection investment.
What is the duration of trademark protection?+
The trademark is protected for 10 years from the filing, and this renewal is possible indefinitely. You must remember to renew it at expiry so as not to lose the right acquired on the name.
Should you check the name's availability?+
Yes, imperatively, before any filing or choice of name. The name must not reproduce an earlier trademark, company name or trade name for similar activities, on pain of opposition or an infringement action.
Difference between trade name and trademark?+
The trade name, protected through use, only counts in the area of activity and clientele. The trademark, filed with the INPI, protects nationally for the targeted goods and services. The trademark is far more protective.
Key takeaways#
- Company name, trade name and trademark do not offer the same protection.
- The company name is protected nationally from registration, but only as a company name.
- The trade name is protected only in the area of activity and clientele.
- Only a trademark filing with the INPI protects a name nationally for the targeted goods and services.
- The trademark costs about 190 euros for the first class, lasts 10 years and is renewable indefinitely.
- Checking the name's availability before any filing is essential.
Article written by the Hayot Expertise firm, registered with the Order of Chartered Accountants of Ile-de-France. Updated for 2026. This article is for information purposes and does not replace an analysis of your own situation.
Article written by Samuel HAYOT
Chartered Accountant, registered with the Institute of Chartered Accountants.
Regulated French accounting and audit firm based in Paris 8, built to support companies across France with a digital and decision-oriented approach.
Sources
Official and operational sources cited for this page.
This topic is part of our service Business law support in France | Corporate secretarial
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