Other rights: trade name and copyright
Trade name
A trade name is the name under which a company operates. The trade name is often just a distinguishing part or an abbreviation of the name recorded in the company's articles of association. The right to a trade name arises exclusively through the use of that name. Entering the name of the company on the local commercial register does not protect the name.
So how can you protect your trade name? If your trade name is used as a trade mark for your services, trade mark registration is recommended. If you do not register and want to take action against a trade mark which is later than your own, your only option is to go to court over this unlawful act which is often a much more difficult process. It is also worth mentioning here that logos are not covered by trade name law and thus trade mark registration is a more appropriate form of protection if logos are involved.
The use of a trade name or trade mark which is similar to your trade name outside the territory where you operate is also a potential threat. Registration of your trade name as a trade mark will allow you to take action against this threat.
Copyright
What can actually be protected by means of copyright? Anything created by the human mind in the field of literature, science or art, in whatever manner or form it is expressed, as long as it is sufficiently original, e.g. photographs and text in brochures, designs, computer programs, slogans and house styles. Copyright arises automatically through the creation of a work. In the Netherlands no formalities are required and it is not obligatory to include a copyright notice with the © symbol for copyright to exist. The only condition is that the creation is sufficiently original.
An embodiment of an idea can also be protected. This could, for example, be a game, a newly devised service, such as a hairdresser at work or a dog walking service, or an idea for a radio or television programme. An idea in itself cannot be protected by means of copyright, but the embodiment of the idea can be protected. The same applies to styles and trends, for example.
If you would like to know more about the right to a trade name or copyright or if you have any questions about this or any other subject relating to intellectual property, please get in touch using the contact form below or contact one of Novagraaf's attorneys on +31 20 5461411.
