Registering a trademark: when a Chamber of Commerce entry is not enough
Written by Ilias Aarrass6 min read · Published on · Last reviewed on 
In short
A Chamber of Commerce entry and a domain name give no trademark right: that arises only on registration, at BOIP for the Benelux from € 244 or at EUIPO for the whole EU from € 850, each for ten years.
- First search the Benelux and EU trademark registers free of charge, before commissioning logos and ordering clothing.
- A trademark only covers the classes you list; extending later means a new application and a new waiting period.
- A word mark is usually stronger than a figurative mark, because it protects the name however it is displayed.
- If you do not use your mark for five years, someone else can challenge it for non-use.
Many entrepreneurs think their name is protected once it is in the trade register and the domain is secured. It is not. The Chamber does not check whether someone else already holds rights to that name, and a domain name is no more than a lease on an address. If you want to stop others from using your name, or avoid a letter telling you to stop using it yourself, look at trademark law. For a freelancer that is not an expensive exercise: a Benelux trademark costs about a day of your rate and lasts ten years.
Trade name, domain name and trademark are three different things
A trade name is the name your business operates under. The right to it arises through use, not registration, and reaches as far as your reputation: a barber in Purmerend usually cannot object to an identically named barber in Maastricht. See choosing a trade name. A trademark is different: it is a sign distinguishing your products or services, and the right only arises through registration. It then applies across the whole Benelux or the whole EU, regardless of where your clients are.
The practical difference only shows in a conflict. With a trademark right you can make someone stop, online too and outside your own region. Without one you must show that your name was already known somewhere and that confusion arises, which is a far harder story. It counts the other way too: if someone already holds your name as a trademark, they can force you to stop, however long you have used it. If you work under a franchise formula, you use the franchisor's trademark under licence.
| Registration | What you get | Scope |
|---|---|---|
| Chamber of Commerce entry | An entry in the trade register, no name right | No protection |
| Domain name | A right to use a web address | That address only |
| Trade name right (through use) | Protection against confusion in your region | As far as your reputation reaches |
| Trademark at BOIP | An exclusive right to a name or logo per class | Netherlands, Belgium, Luxembourg, 10 years |
| Trademark at EUIPO | The same right, larger territory | The whole EU, 10 years |
Search first, register second
The order matters, and this is exactly the step starters skip. Before commissioning logos and ordering branded clothing, search the trademark registers to see whether your name already exists in your sector. That can be done free online at the Benelux Office for Intellectual Property and at the EU trademark office. It takes half an hour and prevents the most expensive mistake there is: rebranding after your name has become established.
- Search your name in the Benelux and EU registers, including variants and misspellings.
- Check whether hits fall in the same class as you; a trademark only covers the classes it is filed in.
- Check trade names in the register and available domain names.
- Choose your classes: which goods and services do you supply now, and which in three years?
- File the application online and pay; an expedited registration goes faster.
- Wait out the opposition period, during which others can object, and keep the confirmation.
What it costs and what you get for it
A Benelux trademark for one class costs € 244 filed online, covering ten years, with a surcharge per extra class. An EU trademark starts around 850 euro for one class, also for ten years. Renewal is possible each time afterwards. For most freelancers working in the Netherlands the Benelux trademark is the logical choice; if you sell online across Europe, an EU trademark is worth considering.
For tax purposes the costs are simply business expenses and deductible. For a small amount you book it straight to costs; for a larger amount it belongs on the balance sheet as an intangible asset and you depreciate it over the term. The trade-off is set out in capitalise or deduct immediately. The trademark office invoices carry VAT which you reclaim as normal.
After registration: use it and watch it
A trademark you do not use for five years can be attacked by others for non-use. So use your mark visibly: on your invoices, your website, your quotes and your terms and conditions. Keep evidence of that use, for example an annual screenshot of your website and a sample invoice.
Also set up simple monitoring: a search on your trademark name that you run a few times a year, and a diary note for renewal in ten years. Mention your mark on your website alongside the mandatory details as well, see what your website must show.
Frequently asked questions
Do I have to register my name and my logo separately?
You can register a word mark (the name only), a figurative mark (the logo) or a combined mark. A word mark is usually strongest, because it protects the name however it is displayed. If your logo changes later, your word mark stays valid.
Can I register a descriptive name?
Barely. Names that merely describe what you do are refused or weak, because competitors must be able to use those words too. A distinctive, invented word is easier to register and easier to defend.
What is an i-DEPOT and do I need one?
An i-DEPOT is dated evidence that an idea or design existed with you at a given moment. It grants no trademark right and no exclusivity; it is evidence only. To protect your name you need an actual trademark registration.
Someone is using my name. What now?
Start with a friendly letter citing your registration and setting a deadline. Often the other party is unaware and that settles it. If it continues, this is the moment for a lawyer; with a registration in hand you are considerably stronger than without.
Sources
- Benelux trademark registration feesBOIP · boip.int
- Registering a trademark: costs and term of protectionKVK · kvk.nl
- Difference between trade name and brand nameKVK · kvk.nl
Sources checked on
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.
