Trade name is a name of an organization or individual used in business to distinguish the business entity bearing such designation from other business entities acting in the same field and area of business. Similar to trademark and geographical indication, a trade name is an object in the scope of protection of rights of intellectual property; however, the rights of industrial property of a trade name are not established by registration procedure, but by the legal use of the trade name.

A trade name shall be eligible for protection if it is capable of distinguishing the business entity bearing such trade name from other business entities acting in the same field and area of business (geographical area where the owner of a trade name has partners, customers, or reputation), namely a trade name should consist of a proper name, except where it has been widely known as a result of use; not to be identical with or confusingly similar to a trade name having been used earlier by another person in the same field and business area; not to be identical with or confusingly similar to another’s mark or a geographical indication having been protected before the date it is used.

Because a trade name is not established by registration procedure, the use as well as settlement of disputes of rights of the trade name has a lot of difficulties, requires the related parties to have knowledge and experience in the field of intellectual property in general and trade name in particular; providing the necessary proof related to time, field and business area which the trade name is used in, in order to prove the rights of a trade name is considered as the most important factor.