What is the difference between your trade name and your brand name?

  • Jeanine Hoekstra
  • The basis
  • Edited 26 September 2024
  • 1 min
  • Starting
  • Rules and laws

The terms trade name and brand name are often used interchangeably. But they do not mean the same thing. Your trade name, also called a business name, is the public name of your company. You register your trade name when you register your company in the KVK Business Register. A brand name is the name of a product or service. Some companies use the same name as both trade name and brand name.

An important difference between trade names and brand names has to do with how they are protected. Someone else cannot use your trade name or brand just like that.

Protecting a trade name

If you are the first to use a trade name actively, you are automatically protected by the Trade Name Act (Handelsnaamwet). Someone else cannot just use your trade name or a very similar name. Active use means that you have a website and advertise using your trade name, for example.

The protection of the Trade Name Act only applies to the region where your company is active and has built up brand awareness. The people there must know the name. Outside your region, other entrepreneurs are allowed to use the same trade name. Because many companies are active online and thus have nationwide name recognition, this protection may also apply to the whole of the Netherlands.

Registration with the KVK

When you start a business, you must register with KVK. You tell us what your business name will be, and we register it in the Business Register. This registration alone does not protect your trade name. You must also actively use the name.

There are more rules for business names. Get to know these before registering at KVK, so that you can be sure you are allowed to use the name.

Register a brand name

If you do not want anyone in the Benelux (Belgium, the Netherlands, and Luxembourg) to use the name of your company, product, or service, you can register it as a trademark (brand name) at BOIP. A brand name can be the same as your trade name. But you can also come up with a separate brand name for a product or service. Suppose your company is called Mason Furniture and you sell a line of chairs called Sitgood. You can then choose to register the name Sitgood as a trademark.

Do you register your brand name in the BOIP Trademark Register? Then you can stop others in the Benelux from using that name for the products and services for which you registered it. The registration is valid for 10 years and you can then renew it. 

It is also possible to register your trademark against use throughout Europe. You can do this at EUIPO. It is not possible to register your brand name for global protection.

Name Check tool

With the KVK and BOIP Name Check tool, you can check whether a name has already been registered as a trade name or trademark. If another entrepreneur in your region is already using the name, you are usually not allowed to use it. Then you must come up with another name. Is the name not yet in use? Then you may register it as your trade name and/or brand name.

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