Choosing the Right Business Name: A Guide to Compliance

When setting up a business in the Netherlands, one of the most important decisions you'll make is choosing a unique and compliant company name. This can be a daunting task, especially with the numerous rules and regulations that govern business naming conventions.

In this article, we'll explore the key considerations to keep in mind when selecting a business name, ensuring compliance with the Trade Name Act and avoiding potential fines.

Unique and Non-Misleading

Your company name should not give the wrong impression about what your business does. It's crucial to choose a name that accurately reflects your products or services and is distinct from those of other companies in the same sector. Avoid using words like 'foundation' if your company isn't legally one, as this can be misleading.

No Similarity with Existing Names

You cannot use a company name that's similar to an existing business in the same area offering the same products or services. This includes names that are easily confused with those of other companies, such as using '& partners' when you're a sole proprietor.

Trademark Registration and Intellectual Property

If you wish to register your company name as a trademark, you'll need to submit it to the Benelux Office for Intellectual Property (BOIP). They will pass on your details to the Dutch Tax and Customs Administration (Belastingdienst).

Active Use of Your Company Name

To be protected by the Trade Name Act, you must actively use your company name. This means displaying it prominently on your website, building, or communication materials.

Choosing a business name that complies with the Trade Name Act can seem overwhelming, but by considering these key factors, you'll be well on your way to selecting a unique and compliant name for your Dutch business. Remember to check if a company name is already in use by searching the Business Register (in Dutch) and avoid using names that are similar to existing businesses or misleading to customers.

'i need a name for my business'

I need a name for my business