Choosing a trade name: the rules and the checks to run first
Written by Ilias Aarrass6 min read · Last reviewed on 
Written by Ilias Aarrass6 min read · Last reviewed on Your business name is often the first entrepreneurial decision you make, and one of the few that is hard to undo: renaming means new branding, a new domain and explaining yourself to every client. Yet many starters pick their trade name on feel and only discover the rules when trouble arrives. Those rules sit in the Trade Name Act and are easy to grasp. This article lays them out and gives you the four checks to run before registering the name.
What the law asks of your trade name
The Trade Name Act has two main rules. One: your name may not mislead the public. So a sole proprietorship cannot call itself a 'Group' or 'BV', or pretend to be bigger or other than it is. Two: your name may not resemble an older trade name so closely that public confusion is likely. Courts look mainly at industry and territory: two painting firms with near-identical names in the same region clash; a painter and a baker with the same name usually do not. Whoever used the name first holds the older rights, because trade name rights arise from use, not registration.
Trademarks count too
Besides older trade names, registered trademarks can also block your name. A trademark holder can act against a trade name resembling their mark, even if you operate in another region. So always check the Benelux trademark register (BOIP) for your name and close variants. The reverse also holds: to protect your own name against imitators later, a trademark registration is stronger than trade name use alone. A local freelancer rarely needs it; for a web shop or a name with growth ambitions it is worth considering.
The four checks before you commit
An hour of searching prevents years of hassle:
- Search the business register for your name and for spelling and word-order variants. Watch especially for hits in your industry and region.
- Search the BOIP trademark register for the same name and closely similar marks in your kind of products or services.
- Check that the domain name is free, plus the social handles you want. A name whose .nl domain is held by a competitor is rarely a good pick.
- Google the name thoroughly, including how it reads in other languages. That catches unregistered businesses in your area and unfortunate meanings.
Practical: registering, using and changing
If the name is free, submit it with your Chamber of Commerce registration or add it to your existing one; it costs nothing. One sole proprietorship may carry several trade names, useful with multiple activities. Then use the name consistently on your invoices, website and quotations, together with your registration number; what else your site must show is covered in website obligations. Changing the name later is free and quick at the register; the real cost sits in branding and findability.
Frequently asked questions
May I simply use my own name as trade name?
Usually yes, and it is a safe choice. But the confusion rule still applies: if an established competitor in your field bears the same name, even your own surname can be problematic. Adding your trade or town almost always solves it.
What happens if my name does resemble another too closely?
The older user can send a demand letter and then obtain a court ban and forced rename, sometimes with damages. In practice most cases end in forced rebranding; exactly what the upfront checks prevent.
Is my trade name automatically protected once registered?
Protection builds by actually using the name in trade; registration mainly serves as evidence of when use began. Protection reaches as far as your recognition: local use protects locally.
Must my domain name match my trade name?
No, but matching helps findability. Mainly ensure your domain does not infringe another's trade name or mark; a domain can itself count as trade name use.
This article provides general information based on the rules known for 2026 and does not replace personal tax advice. For your specific situation, we're happy to take a look with you.
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Ilias
