The right to a business name, herein referred to as the right to a company name, constitutes not only a fundamental entitlement of every economic entity but also a matter of specific legal protection under the Polish legal system. This article elucidates the legal definition of a company name as understood under the Civil Code, outlines the legal grounds for protection of company names, and discusses the possibilities offered by the registration of a business name as a trademark.
In common parlance, the term “company” denotes an enterprise, understood as the totality of economic activities conducted by an entrepreneur.
However, from a legal perspective, the term “company name” has a narrower scope, referring specifically to the designation under which an entrepreneur conducts business in commercial transactions. This definition is codified in Article 43(2) § 1 of the Civil Code, which provides:
“The company name of a natural person shall be their first and last name. The company name of a legal person or an organizational unit without legal personality shall be its corporate name.”
Accordingly, the company name serves as the identifier used by entrepreneurs – including sole proprietors, partnerships, and foundations—in commercial dealings, documentation, registers, and advertising.
The right to a company name is safeguarded under the provisions of the Civil Code, specifically Article 43(10), which states:
“The company name shall be protected on the principles established for the protection of personal rights.”
Accordingly, infringement of the right to a business name – for instance, through the use of a name identical or confusingly similar by another economic entity – may give rise to claims based on the protection of personal rights as per Articles 23 and 24 of the Civil Code. Remedies may include injunctions to cease infringement, removal of infringement consequences, monetary compensation, and redress for damages.
The enforceability of claims directly stems from Articles 23 and 24 of the Civil Code concerning personal rights protection, as applied in accordance with Article 43(10) to the right to a company name.
In cases of infringement – such as unauthorized use of a similar or identical company name that causes consumer confusion – the aggrieved entrepreneur may:
However, successful enforcement requires more than mere formal priority (such as registration in the Central Registration and Information on Business [CEIDG] or the National Court Register [KRS]). It necessitates the demonstration of market priority, i.e., evidencing real commercial use of the name within the contested field.
Case law, including the Warsaw Court of Appeal decision (case No. VII Aga 153/18), confirms that registration alone does not confer exclusive rights; critical is the proof of genuine use of the company name in the market and documentation of the territorial and substantive scope of such activity to establish the likelihood of consumer confusion.
To strengthen legal protection, an entrepreneur may register their business name as a trademark with the Polish Patent Office or the European Union Intellectual Property Office (EUIPO).
Trademark registration confers exclusive rights to use the name within designated sectors across Poland or the entire European Union.
The right to a company name represents a core entitlement of every entrepreneur, guaranteeing exclusive use of the selected business designation. While this right is inherently protected under the Civil Code, its effectiveness may be substantially enhanced by trademark registration. Polish law provides extensive mechanisms for enforcing claims and protecting the company name against infringement.
For professional assistance with business name protection or trademark registration, we invite you to contact our IP law firm.