How do I choose a trade name and what should I take into account?
You have started your business. Now come up with a name. You can read about trade names and the associated rules in this article.
A trade name is different from a brand name
The code states: ” By trade name this law means the name under which a company is run.” Many companies also use their trade name as a brand name. It is therefore wise to register your trade name as a brand name as well . The protection of your trade name is limited to the name itself. Your logo is therefore not protected. You can arrange this through a trademark registration.
Choosing a trade name
You can’t just give your company any name. The name may therefore not yet be used by another company. You are not allowed to say things in the name that you are not. Examples: a company Overbosch & amp; You should not mention Van de Tol if you are the only one who works there. Putting the abbreviation BV after your company name because it looks nice, while you are not a BV, is of course also not allowed.
You can have an investigation carried out at the Chamber of Commerce to see if you can use the name. This not only looks at exactly the same names, but also trade names that sound the same. When you register in the trade register, it is automatically checked whether a company with exactly the same name exists. If you use your name as a trademark, make sure you also register it as a trademark.
Another takes my name!
You notice that a newer company suddenly comes onto the market with the same name as your company . What now? First consider whether confusion can occur. If you have a store in Tilburg and another store with different goods but open with the same name in Groningen, there will hardly be any confusion about the name. If you were to go to court with this, you have a smaller chance that he will be in the right. That chance will increase if a store is opened in the same shopping area in Tilburg, with exactly the same name. In summary, it comes down to the following: anyone who feels disadvantaged by the use of a trade name can go to court. The location and the activities of the company often play an important role.