A company's corporate name, also known as its trade name, is its official name. This is the name under which it is registered with the public authorities and the RCS (National Trade and Companies Register).
The company name must appear on all official company documents (invoices, quotes, purchase orders, accounting documents, tax documents, etc.). That's why a company's name should be chosen very carefully.
Let's explore together everything you need to know about choosing your company's name.
Just as every individual has a first name and a last name, every company also has a corporate name. Also called company name, it is its official identifier with the RCS (National Trade and Companies Register).
That especially helps give the company a legal identity, identify the legal entity, and avoid confusing it with other companies.
A company's name is freely chosen by its founders.
However, it cannot be identical to that of another company registered with the RCS. It is customary to specify the legal status of the company immediately after the statement of the company name (for example, "Dupont SARL").
There's really no difference between a company's corporate name and its trade name: both are used to officially identify the company to the authorities.
There is only one difference: the corporate name is legally used to describe commercial companies, while the company name applies to civil companies.
The trading name refers to the name of the business or activity carried on. It can be different from the company name, and doesn't have to be registered with the RCS.
Choosing a company name isn't always easy.
The rule is simple: it's up to you to create it freely. It simply must not have already been chosen by another company. Most often, a term related to the company's activities, a name, or a nickname is chosen.
To check the availability of the proposed company name, just go to the INPI website to check that it is not a registered trademark.
The Infogreffe website allows you to check that the company name isn't already in use by another company. Finally, the AFNIC website lets you check that it doesn't match the domain name of an existing website.
Registering a company's business name is automatic when it is registered with the registry of the commercial court.
The company name must be entered in the M0 form corresponding to your company's legal status.
A company name isn't a brand name, but simply its official name. No other company can adopt it.
On the other hand, if you choose to market products under that same name, it is recommended that you register a trademark with the INPI or the WIPO (World Intellectual Property Organization).
This means you'll have ownership rights to the trademark. Any sale of copies or counterfeits will be legally punished. No other entrepreneur can use a trademark with the same name.
A company's name isn't set in stone.
It can be changed at any time during the life of a company. To do this, you need to amend the company's articles of association, publish an announcement in a legal gazette, and submit an administrative file to the relevant CFE (Centre de Formalités des Entreprises - Business Formalities Center).
Therefore, a company's name is something that should grab your attention, so it conveys a clear and consistent image of your company to the public.
Written by our expert Paul LASBARRERES-CANDAU
June 16, 2021
