TRADE NAMES
Below you will find answers to some of the most frequently asked questions relating to trade names.
Do not hesitate to contact our offices if you have further questions.
A trade name is the name under which a company or part of a company carries out its business; it could be a family name, fantasy name, descriptive name or any combination of these.
A trade name usually serves to distinguish one company from another, thus functioning as a trade mark and can therefore be protected as such.
The Netherlands Trade Registry Act requires that all businesses are listed in the Trade Registry of the Chamber of Commerce, listing both the name stated in the articles of association and the trade name. However, the listing of a trade name in the Trade Register does not establish any right to the name. This right arises when the trade name is legitimately used for business purposes.
The trade name is the name under which a company conducts its business transactions. A company can have more than one trade name.
The company name is the name stated in the articles of association.
The right to the use of a trade name is granted to the first user.A trade name must not contain a trade mark owned by another party.
A trade name must not be misleading as to the owner.
A trade name must not be misleading as to the legal structure of the business.
A trade name must not be misleading as to the nature of the business.Existing rights are not impaired by trade mark rights. This means that younger trade mark rights may not affect older trade names without a valid reason, as long as the trade name is fairly used for business purposes. However, if there is an older trade mark right, the use of a younger trade name may be challenged if there are concerns that the public may be confused as to the origin of the goods.
