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A trade name and a trademark are not the same. A trade name is the name under which you operate your business; a trademark is a distinctive sign for your products or services. They are created and protected in different ways — and it is best to arrange both.
What is a trade name?
The trade name is the name under which your company presents itself to the public. Trade name rights arise from the actual use of that name; registration with the Chamber of Commerce is customary but is not what gives rise to the right. Protection is often limited to the area in which you are active and to the risk of confusion with similar companies.
What is a brand?
A trademark is a distinctive sign associated with products or services — a name, logo, or symbol. Unlike a trade name, a trademark right is in principle created by registration, for example at the Benelux Office (BOIP) or the EU Office (EUIPO). A registered trademark provides strong, broad protection for the registered goods or services.
The difference in protection
A trade name primarily protects against confusion with other business names, often regionally. A trademark protects the sign for specific products or services, in principle throughout the Benelux or the EU. A trademark therefore usually offers stronger and broader protection.
Arrange for both of them
In practice, it pays to use your name both as a trade name and—where sensible—to register it as a trademark. Check in advance whether the name is available and does not infringe upon existing trade names or trademarks.
Frequently Asked Questions
Is my Chamber of Commerce name automatically a trademark?
No. Your trade name arises through use; in principle, a trademark right only arises through registration with the BOIP or EUIPO.
Which protection is stronger?
A registered trademark usually offers broader and stronger protection than a trade name.
Do I need to arrange both?
Often yes: use your name as a trade name and, where sensible, also register it as a trademark.
Protect your name and brand?
Our legal experts advise on trade name and trademark protection and handle trademark registration. View our trademarkor IP lawteam, or schedule a free consultation.
