WHICH ARE THE BEST TIPS FOR CHOOSING THE NAME OF THE COMPANY?
The first step to formally incorporate a company is to request the registration of the company name at the Central Mercantile Registry. It is a procedure that can be requested directly through www.registradores.org or indirectly at the notary’s office or at the incorporation consultant’s office. The process usually takes between 24 and 48 hours and up to five possible company names can be requested, in order of priority.
When applying for the registration of the name, there are a number of limitations to bear in mind:
Internet domains and the company’s anagram cannot be included.
- The name cannot lead to confusion about the activity of the company. For example, a company cannot be called “Arquitectos Hernández S.L.” if its activity is not going to be architecture.
- The name or pseudonym of a natural or legal person may not be included in whole or in part without their authorization or consent.
- The addition of generic or accessory words may not be sufficient at the discretion of the registrar to grant the denomination.
Sometimes the process of applying for the name to the registry can become almost a nightmare, since due to coincidence or similarity with other already existing names, the Commercial Registry may deny the application. These would be some tips to obtain the desired company name more easily:
-.Do not use common or generic names of the activities to be carried out by the company (e.g. “Estructuras metálicas S.L.”), which would have to be completed with some additional name.
-.Indicate the name in a language other than Spanish (English, French or any of the other languages spoken in Spain), especially if phonetically they have important differences with respect to Spanish.
-. Add combinations of letters and numbers to the generic name (e.g. “Estructuras metálicas ZH4”).
Another point to take into account is to analyze whether it is important to have the trademark of the product or service registered. In this regard, it should be remembered that the registration of the company name before the Central Mercantile Registry and the trademark application before the Spanish Patent and Trademark Office are different. Thus, it is possible that once the registration of the company name has been obtained, the same name may be denied as a trademark before the Spanish Patent and Trademark Office. Therefore, it is very interesting to confirm if it is possible to obtain the registration of the trademark, being able to make a verification in the web http://consultas2.oepm.es/LocalizadorWeb/, remembering that the application for trademark registration is made based on the Nice classification, according to the sectors of activity where it is desired to reserve the trademark (e.g. textile, food, etc.). If the trademark you want to apply for is already registered, you can choose between having a different company name to the trademark or changing the company name and trademark simultaneously.
For any question related to this subject or to the incorporation of a company, we can help you at AGL.