Handelsnaam

A trade name is the official name of a business as recorded in the trade register maintained by the Chamber of Commerce. This name may differ from the statutory name of a company and serves to distinguish the enterprise from its competitors.

A trade name is protected under the Trade Names Act against the risk of confusion with existing names. It prevents third parties from using the same or a closely similar name within the same field of activity, thereby enabling the entrepreneur to safeguard its goodwill and customer base.

In practice, it is essential, when establishing an enterprise, to select a distinctive trade name and to conduct prior checks for potential conflicts. In the event of infringement disputes, the court may grant relief by way of an injunction or an award of damages.