What is a trade name right?

When you use your company name as a trade name, you in principle already have protection on the basis of the Dutch Trade Name Law. However, the scope of protection from the Trade Name Law is limited: your trade name is only protected in the region where you are active under that name, and you should also be able to prove this.

Why should you protect your trade name as a trademark?

You probably have already registered your company name or trade name at the Commercial Register of the Dutch Chamber of Commerce. And you probably also use the company name in trade. This is a good start, but this does not yet give you the exclusive right to your name. And since your name represents a value that only increases as you get more successful, having the exclusive right to your name is very important. Go figure, your name represents your company and the products and/or services that you offer, it distinguishes you from your competition and it’s the sign through which your (potential) customers can recognize you. It’s therefore vital that you ensure that no one else can use your trade name just like that. 

Protect your trade name or company name as a trademark

The best way to protect your company name or trade name, is by registering the name as a trademark. When your name is registered, this offers protection for the entire region where it has been registered. For example: the entire Benelux or the entire European Union. It is then for example also permitted to use the ® – sign with the trademark. This sign gives clarity to others, prevents misuse and makes it possible to enforce the trademark against other parties. The goodwill that is being represented by your trademark is also protected in an optimal way.

Good trade name protection is one of the cornerstones supporting the growth of your company.

But, before proceeding to trademark registration, it is very wise to have the trademark registers checked first to find out if the trademark is still available. At Merk-Echt we execute an identical name search for free.

Ask your question

We will be glad to provide you with advice on how you can protect your trade name in the best way.