Starting a business
Company name, trade name, shop sign and trademark: the differences
A single business can have four different names, or the same name in four legal forms. Confusing them often leads people to believe their name is protected when it is not, or not everywhere.
Updated 2 October 2026
The four concepts
| Concept | What it is | Protected from | Scope |
|---|---|---|---|
| Company name | The official name of the company as a legal entity. Mandatory, stated in the articles of association. | Registration in the National Business Register | The whole of France |
| Trade name | The name under which the business is known to the public for its activity. Optional. | Its first public use | The area where the business operates or has customers |
| Shop sign | The sign displayed on the premises, which identifies and locates them. | Its first public use | The area where the business operates or has customers |
| Trademark | A sign that distinguishes goods or services from those of competitors. | Registration (effective from the filing date) | The territory of the filing, for the goods and services specified |
Infringement or unfair competition: the difference that matters
Infringement concerns intellectual property rights, such as a Trademark. According to the INPI, using a trade name, company name or shop sign that is already in use “is not considered infringement but may be penalised as unfair competition”. In both cases, the business may be forced to change its name.
A Trademark therefore offers the clearest protection: a registered, dated title, enforceable within a defined territory, for specific goods and services.
All these names are prior rights
Before filing a Trademark, checking other Trademarks is not enough. Article L711-3 of the French Intellectual Property Code lists among prior rights:
- a company name or corporate name, if there is a likelihood of confusion in the mind of the public;
- a trade name, shop sign or domain name whose reach is not merely local, if there is a likelihood of confusion.
Conversely, choosing your company's name without checking existing Trademarks exposes you to action by the Trademark owner.
In practice
- Check the Name's availability among Trademarks, companies and domain names.
- Ideally, use the same Name for the company name, the trade name and the Trademark: it is clearer for your customers and easier to defend.
- File the Trademark for the goods and services you sell.
Frequently asked questions
Does registering my company protect my name like a trademark?
No. The company becomes the owner of its company name upon registration, but it is not a Trademark. Using an existing company name is not infringement; it may, however, be penalised as unfair competition. The INPI recommends protecting your business name and filing your Trademark.
Can a company name prevent a trademark from being filed?
Yes. Article L711-3 of the French Intellectual Property Code lists among prior rights a company name or corporate name, if there is a likelihood of confusion in the mind of the public. Its owner may, in particular, file an opposition to the application.
Is a trade name mandatory?
No, it is optional. If used, it must be declared to the National Business Register. It is protected from its first public use, in the area where the business operates or has customers.
Official sources
General information, up to date as of 2 October 2026, checked against the official sites cited. Fees and procedures may change: refer to the sources. This guide does not constitute legal advice.