Trade name law

A trade name is the name under which a business is conducted. Trade name law aims to protect the entrepreneur from deception or confusion that arises when his trade name is used by another person.

How does a trade name right arise?

Protection of a trade name requires that the name be used. Consider, for example, the use of the trade name on a building, stationery and on the company's website. The determining factor is the name that is actually being driven. Foreign companies can also have a trade name right in the Netherlands when the trade name is known.

Unlike trademark law, trade names can be descriptive in nature. Such trade names are also popular, think for example of De Broodzaak, de Koffiezaak or Tassenwinkel.nl. Such (purely) descriptive trade names are also eligible for trade name protection.

What can I do with a trade name law?

The Trade Name Act prohibits the use of a trade name that is already being used by another company, or that deviates from it only slightly, if there is a likelihood of confusion between those companies. What the companies do and where they are located do play a role.

Our expertise

Our IP attorneys have extensive experience in the field of trade name law. Please feel free to contact us for more information.