The commercial name is the sign or denomination that identifies a company in commercial traffic. This serves to distinguish it from other companies that carry out identical or similar activities.
The commercial name, therefore, distinguishes the company that manufactures or markets the products or provides the services. The brand, on the other hand, distinguishes the products or services that said company manufactures, markets or provides.
Thus, a manufacturer of pants would register as a trade name the one that he uses in his manufacturer’s business activities, for example, in his relationships with suppliers, customers, etc.
The sign or name with which these pants are sold will be the brand of the product.
In the previous legislation, the establishment label, which was the sign or denomination with which the business premises were distinguished, existed as a registrable distinctive sign. The current Trademark Law does not contemplate this type of distinctive sign. The owner of a trademark or trade name is empowered to use these signs on the frontispiece of his business premises or establishment, making it unnecessary to survive this type of distinctive sign.
Along with the brand itself or individual brand, the Law regulates the collective mark and the guarantee mark. The collective mark is one that serves to distinguish in the market the products or services of the members of an association of manufacturers, merchants or service providers. The owner of this brand is said association.
The guarantee mark is one that guarantees or certifies that the products or services to which it is applied meet common requirements. In particular, the requirements concerning its quality, components, geographical origin, technical conditions, method of product development, etc. This brand cannot be used by its owner, but by third parties whom it authorizes, after controlling and evaluating that the products or services of this third party meet the requirements that said brand guarantees or certifies.
Both the collective mark and the guarantee mark require to be registered that it be accompanied with the application for registration of the corresponding regulation of use.