Choosing and registering your business name (trade name)
If you set up a company in the Netherlands, you must choose a business name (trade name). You give this name when you register with the Netherlands Chamber of Commerce KVK in the Business Register. The name must meet the conditions of the Trade Names Act (Handelsnaamwet).
What is a business name (trade name)?
A business name (trade name) is the name you use in the course of your business. You should actively use your business name in order for it to be protected by the Trade Names Act. You can do this by, for example, displaying the name on your website, your building, your website, or invoices.
A trade name is not the same as a trade mark. Do you want to ensure your name is truly yours? Then consider registering your name as a trade mark at the Benelux Office for Intellectual Property (BOIP).
Rules for your business name
Your business name should not be misleading. When you choose a name you must follow the rules of the Trade Name Act:
- You may not use another person’s name in your company name, unless you are taking over a company that is named after another person. Otherwise, you may only use your own personal name.
- Your business name must not contain any words that suggest your business has a legal structure that it does not in fact have. For example, you must not give your sole proprietorship (eenmanszaak) a name containing ‘BV’, ‘& Partners’, or ‘& Co’.
- You may not use a business name that is already being used by another business. Nor may you use a business name that is very similar to that of another business if this could cause confusion for others (such as customers or suppliers). Confusion may arise if you offer the same products or services and operate in the same region. You can check with KVK’s Name Check tool if a company name is already in use.
- You cannot use an existing brand name in your business name. Nor may you use a company name that is very similar to it if this could cause confusion for others (such as customers and suppliers). Using the KVK Name Check tool, you can check whether your business name is too similar to an existing brand.
- Your business name should not give the wrong impression of what your business does, makes, or sells.
What to do if business names are similar?
Do you think another business’s name is too similar to your own? And do you think that name is confusing? If so, you can ask the business to change its name. If the business refuses to do so, you can start proceedings at your local district court (in Dutch) asking it to order the business to change its name.
Registering, changing or adding a business name
When you register your business in the Business Register, KVK will record your business name straight away. Do you want to change your business name (trade name)? Or do you want to add an extra business name? You can notify KVK of this using the form for submitting changes to your business details. KVK will pass on the information about the name change to the Tax Administration.