Trade names

Trade names: protect the Name of Your Business

A trade name is the name under which your business operates to the outside world. Trade name rights arise automatically as soon as you actually use that name for your business activities. Registration is therefore not required to enjoy protection; use is sufficient.

What does trade name law protect?

In principle, trade name law grants you the exclusive right to your trade name within your area of operation. This allows you to act against confusion with other businesses, for example when:

• A competitor uses the same trade name;
• Your trade name appears in someone else's domain name;
• A trade name slightly differs from yours;
• Another party deliberately tries to capitalize on your brand recognition;
• Your reputation is harmed by the use of a similar name.

Note: you may not be able to object in all cases. For instance, objections are often not possible if:

• The other party started using the trade name earlier;
• Your trade name is purely descriptive and does not have recognition;
• The other business operates in a completely different industry.

Trade name or trademark?

A trade name and a trademark are not the same, but they can complement each other. Do you also want national protection and the ability for broader enforcement? Then it is advisable to register your trade name as a trademark as well. Our lawyers will gladly explain the difference and assist you with trademark registration.

Legal advice on trade names

Would you like to know if your trade name is sufficiently protected? Do you have a dispute with a party using a similar name? The lawyers at BG.legal specialize in trade name and trademark law. We advise you on your legal position and litigate if necessary to defend your trade name.