Handelsnaamrecht

Trade name law is governed by the Trade Names Act and protects the name under which an undertaking operates in the course of trade. It prevents third parties from using an identical or closely similar name that could give rise to confusion among the public as to the origin of goods or services.

Protection arises by operation of law through use of the name in practice and does not require registration. Its principal relevance lies in preserving goodwill and preventing unfair competition.

In the event of infringement, the rights holder may, in practice, seek an injunction, damages or rectification before the civil courts.