Trade Names
Because trade names are essential elements in communicating with customers, building a solid business reputation and facilitating marketing, LEX MERCAT supports companies in protecting their trade names at every stage of the process.
Preliminary search : before registering a trade name, the firm performs a preliminary search to ensure that the trade name is not already in use by a third party.
Filing an application for registration : if the trade name is available, an application for registration is filed by the applicant via the IP Representative or the IP Engineer with the Office Malgache de la Propriété Industrielle (OMAPI).
Examination of the application : The National Office examines the application to ensure that it meets legal criteria. The applicant via the IP Agent or IP Engineer will not be allowed to make any changes to the application during the process.
Registration of the company name : following substantive examination by the National Office, the applicant will be issued either a notification of registration or a notification of refusal. If registration is granted, it confers legal protection on the trade name and establishes an exclusive right to its use.
Continuous use : we strongly suggest that applicants use the trade name continuously, in line with the activities for which it was registered. Abandonment or prolonged non-use of the trade name could result in loss of rights.
Monitoring : we recommend that the owner of the trade name monitor the use of its trade name on the market or have it monitored. Attention should be paid to possible infringements or unauthorized use by third parties.
Renewal : Trade name registration is valid for a limited period. The applicant, via the IP Agent or the IP Engineer, must renew this registration regularly to maintain the protection of the trade name.
Assignment : If the owner of the trade name assigns his business to a third party, we can help draw up the trade name assignment contract and register it with the National Office to protect the rights of the assignee.
Enforcement of rights : In the event of infringements, the firm is able to assist the trade name owner in taking legal steps to enforce his rights. This may include formal notices, infringement actions or other appropriate legal remedies.