Add, change, check & register trade name

Introduction

Coming up with and registering the right trade name is one of the first things you do when starting a business. In this article, we tell you everything you need to know:

1. What is a trade name?

A trade name (company name) is the name you use for your company to do business. Many companies choose to use their trade name as a brand name as well, but this is not required. The protection offered by a trade name is not as strong as a brand name, which is why it is often convenient to do both. If a similar or exactly the same trade name is registered, but this company is in a different city and industry, the court may determine that there is no conflict here and will not intervene.

2. Difference between trade name and brand name

The difference between a trade name (company name) and brand name is that a brand is the name of a product or service, while a trade name is the name of your company. You can have multiple brands and thus brand names under one trade name.

As mentioned in the previous step, registering a trade name does not offer much protection. However, this is not the case when you also register your trade name as a brand name. If the other company is in a different city and industry, it still won't be able to use the same name as you.

3. What should you look for when choosing a trade name?

The first step is to carefully consider beforehand what you want to achieve with it? Consider the following things:

• Do you want to operate nationally or also internationally? - If you also want to operate abroad, think of a trade name that is easy to pronounce in these countries.
• Clear or creative? - Do you want people to know immediately what your company does or do you want your trade name to stick? This can vary by industry.
• Not misleading? - A trade name must not be misleading or contain qualities or characteristics that you yourself do not possess.
• Use of personal name - You may only use your own name in your trade name, provided it is not already being used by someone else.
• Use proper punctuation - In trade names, only the punctuation marks @, &, + and - are allowed.

Besides legislation, it is also good to think about which company name best suits your business. Read our article coming up with company name to come to inspiration.

4. Checking your trade name

Have you come up with a name? Then present your idea to family and/or friends first. This way, you not only test whether your name sticks, but also whether it will not lead to confusion. Include their reactions in your own assessment, but don't stare blindly at them. In the end, it's your business.

The next step is to check whether the trade name is already in use. You can do this through the Chamber of Commerce (CoC) Trade Register. Besides checking your trade name, it is also important to check your company name & trademark. You can do this at the Benelux Office for Intellectual Property (BOIP), but also simply via Google and other search engines.

Do you doubt that your trade name is too similar to someone else's? Then try to think of another one first. Not only does a similar trade name potentially confuse potential customers, it can also lead to discussion and legal consequences. The unlawful use of a trade name can lead to a fine of €3,900.

5. Register trade name

The final step is to register your trade name. This is required by the Trade Register Act. A distinction is made between self-employed and other legal forms. Zzp'ers must register online and then make an appointment at the CoC. The other legal forms make an appointment at the Chamber of Commerce directly or it can be arranged through a notary.

Registration is easily done through the website of the Chamber of Commerce. There you fill out a form, print it out and send it by mail after signing it.

6. Change or add trade name

You may want to change your trade name or perhaps add an additional company name. If you want to change your trade name or add a new name, you need to fill out the change form from the Chamber of Commerce. If it is approved, the Chamber of Commerce then forwards the name change to the tax authorities.