Trade name right

The trade name right gives a certain protection to the user of a trade name (the name under which a company is conducted). Acting against others on the basis of your name is sometimes possible.

Based on your trade name you can, under certain circumstances, oppose the use of an identical or similar name by another (usually the competitor). Consider, for example, the case that someone registers and uses a domain name that is similar to your trade name. When there is (possible) confusion on the part of the public, it is forbidden to use a trade name that is already used by another person.

The protection on the basis of a trade name only extends to the area where the name is known (in use).

When you register your trade name as a trademark, you are in a better position. With a trademark registration you get a monopoly, for example for the entire Benelux or the European Union.