Company name check: don't just check the Chamber of Commerce

Introduction

Coming up with a new business name can already be challenging. But once you've found the perfect name, you're not there yet. In fact, it is wise to check your business name before you start using it.

In this article, we explain how to check and record your company name in 6 steps:

1. Check the Commercial Register of the Chamber of Commerce

One of the first places to start checking your business name is the Chamber of Commerce (CoC) trade register.

Here you enter your new name and then immediately see if it is already in use by another company. You can also see which names, if any, are similar to yours.

2. Check that your company name meets the rules of the Trade Name Act

• Do not use a company name that is the same as another company's name
• Do not use a brand name already in use by another company (or very similar to it)
• Don't use a company name that misleads the public
• Do not use a business name that simply does not make sense (for example, do not use "foundation" in your business name if you have a sole proprietorship)
• Use only your own personal name in the company name (it is not allowed to use someone else's personal name as the company name)

3. Checking your company name in Google

By no means all names are registered with the Chamber of Commerce, so an extra check via Google can't hurt. Especially if you are going to operate internationally with an English name, it is more likely that it is already in use. Have you come up with a name that could cause confusion? Then it is wiser to choose a different company name.

4. Check for intellectual property infringement

Have you come up with a name that resembles another company's name? Then that still doesn't have to be a problem if you are working in completely different industries.

This is different when the company name is registered as intellectual property at the BBIE (Benelux Bureau for Intellectual Property). The company name is then registered as a trademark and may only be used by the rights holder.

5. Check if the domain name is free

Of course, your new company is also going to do business online, so you need the corresponding domain name. On the website of the SIDN (Stichting Internet Domeinregistratie Nederland) you can easily check the availability of the .NL domain.

In doing so, it is smart to think ahead as well. After all, the number of available domains is only getting smaller. Do you already have ideas for new products or services? Then register the corresponding domain names as soon as possible. Do this before you register yourself at the Chamber of Commerce. When you are registered, your name becomes public. It could be that someone registers the domain name, preventing you from starting a website with your company name. In addition, potential customers can't find you online and end up on another website, causing frustration.

6. Capturing your company name

Do you get the green light at all the previous checks? Then don't forget to register your company name with all agencies immediately. Be aware of exactly which rights you register with which authority:

• Chamber of Commerce: it is not necessarily necessary to register with the Chamber of Commerce to record your company name. However, it is required to obtain a VAT number. Also, in principle, the CoC will not accept registrations with a company name that resembles an already registered company name. Please note that at the Chamber of Commerce you cannot only register your company name, you must also immediately register in full.
  Registering at the CoC
• BBIE/BIOP: Benelux Office for Intellectual Property. Do you want the exclusive right to use your company name as a trademark? Then register it with the BBIE/BIOP. They will register your trademark within the Benelux for a period of 10 years.
  Register at the BBIE/BIOP
• EUIPO: European Union Intellectual Property Office. Here you can register your trademark or check your trademark here for the 27 countries of the European Union. This is granted on the all-or-nothing principle, meaning for all countries or none.
  Register at the EUIPO

Finally, do you want to register your domain name? This is basically possible with any hosting party, as long as the domain name is still free. Do you need to move the domain name, we'll explain that to you! If your company name already exists, these are your options.