Trade name law offers the possibility to act against other entrepreneurs using your trade name.
The trade name
Your trade name is the name that you use to present your company to the public. If you used your trade name before another company does and there is a likelihood of confusion, action can be taken against the use of your trade name by another.
Scope of protection
The scope of protection of your trade name depends on the circumstances of the case such as the nature of the two companies, the location and the kind of clients you are targeting. If your company is known throughout The Netherlands or you operate on the internet, usually more confusion could arise than if you act strictly local.
If no action is possible on the basis of trade name law, it will have to be investigated whether you might be able to take action on the basis of a registered trademark. Trademark law generally provides more possibilities to act against similar domain names.
We can advise you on the scope of your trade name protection and, if necessary, instigate proceedings on your behalf. Do you have questions about trade name or would you like to discuss a case? Please contact the Company and Insolvency section.