Do the brand check!

Choosing the name of your business is an important step. How do you know whether you are making the right choice and that the name you choose will not work against someone else?

Use the Name checker to check what already exists before you register your trade name and/or your brand name.

Choosing the name of your business is an important step. How do you know whether you are making the right choice and that the name you choose will not work against someone else?

Use the Name checker to check what already exists before you register your trade name and/or your brand name.

Choosing the name of your business is an important step. How do you know whether you are making the right choice and that the name you choose will not work against someone else?

Use the Name checker to check what already exists before you register your trade name and/or your brand name.

Loading namechecker

Frequently asked questions

What do I need to look out for when using the Name checker?

Please note: the Name checker displays information from the BOIP Trademarks Register and the
Chamber of Commerce Business Register. Please be aware that:

  • The Name checker is a tool and is not a research or advice.
  • These registers change daily. The Name checker search results only reflect the situation at that particular moment.
  • The Name checker only displays trade names and trademarks that feature or match the exact query. Be sure to try alternate spellings and variations.
  • The search result of the Name checker on KVK.nl is sometimes different from the search result of the Brand Check on BOIP.int and KVK.nl/zoeken
     
Why do I have to check whether my name already exists?

Before you start using a trade name or a trademark, you have to check that it is not already used by another company. If you fail to do so, and it later turns out your name is (nearly) identical to that of another business? This could be confusing and that is not allowed. The Name checker allows you to search both the KVKBusiness Register and the BOIP Trademarks Register at the same time. These registers list all trade names and trademarks that others have registered.

What is a brand name?

A trademark is the name by which others can recognise your business, productor service . If you register your trademark in the BOIP Trademarks Register, you can forbid others from using that name for the products and services for which you registered the name. Registering your trademark is a key step in protecting it. Read more about protecting your name

What is the BOIP Trademarks Register?

The BOIP Trademarks Registerlists all trademarks registered in the Benelux (Belgium, the Netherlands, Luxembourg). These trademarks are the intellectual property of other organisations. This means that you cannot just use a registered trademark for your business.

The Trademark Register also lists:

  • trademarks for which someone has applied
  • trademarks registered in the European Union (Union trademarks)
  • international trademarks valid in the Benelux

You cannot use these trademarks just like that either. The Trademark Register is maintained by
BOIP. This is the official organisation for registering trademarks in the Benelux. Go to the BOIP Trademarks Register

What is the Chamber of Commerce Business Register?

The Business Register lists all companies and legal persons. So you will also find the trade names registered by companies in the Netherlands. If you are going to do business with someone, you can see in the Business Register who you are dealing with, who is allowed to do business on behalf of the company and whether a company is bankrupt (that means it has debts it cannot pay). Read more about the Chamber of Commerce Business Register.

Trade name or trademark? An important difference

There is an important distinction between a trade name and a trademark. If you actively usea trade name, it is automatically protected. But only in the region where your company is active. Outside that region, other companies are allowed to use your name. If you want the exclusive right to a name, you have to register it as a trademark. You can register your trademark for the entire Benelux (the Netherlands, Belgium and Luxembourg) ar BOIP. Read more about the difference between trade names and trademarks. 

About BOIP

BOIP is the English abbreviation, and acronym, for the Benelux Office for Intellectual Property. Weare the official body that registers trademarks and designs in the Benelux (i.e. Belgium, the Netherlands and Luxembourg). We help entrepreneurs in the Benelux to protect their intellectual property in as simple a manner as possible.

About the Name checker

You can use the Name checker to check whether the name you have chosen is already in use. BOIP and the Chamber of Commerce have built this tool together enabling you with a single search request to search in both the BOIP Trademarks Register and the Chamber of Commerce Business Register. The tool directly shows the most significant results for your name and helps you to interpret them. You will also receive tips on how you can protect your name. It means you can start directly with a strong name for your business.

Questions?

If you need help or further explanations, please contact the BOIP Information Centre. We will be happy to help you further.

Contact

What do I do now?

What do these search results mean and, more importantly, what do I do with them? What does it mean when there are already other trade names and/or trademarks that exist? Does it mean there is a risk? Watch the videos below for more explanation or check the frequently asked questions.

Frequently asked questions

My name has already been registered in the BOIP Trademarks Register. Can I still choose that name?

If the name of your choice is already in the Trademarks Register, you may get into trouble with another party. But this is not always the case.

Look up the name in the BOIP Trademarks Register. You will then see for which products and services the name is registered as a trademark. Are they the same or similar to the products and services you want to use your trademark for? Then it is better to choose a different name.

Are your products or services very different from those of the trademark you found in the register? Then check via a search engine like Google whether the name is already being used. If it is not, chances are you can use the name. If you want to be sure whether the name is free, you can seek advice from a specialist in trademark law. For example, someone affiliated with the professional association of legal specialists, the Benelux Association for Trademark and Design Law.

My name is already registered in the Chamber of Commerce Business Register. Can I still choose that name?

It depends on the situation. When using the same trade name as someone else can be confusing, you may not use it. The same applies if you want to use a name similar to another trade name.

Risk of confusion

Are the other business’ activities (somewhat) similar to yours?And is there possible overlap in the area in which you work?Then it is likely to be confusing if you use the same name and you may not use the trade name. This also applies if your business or your competitor's business operates nationwide.

However, there is an exception: if the other company does not use or has not used the trade name in practice. Then you are allowed to use the name. You can check this by searching for the name with a search engine like Google. Is the name already being used? Then it is better to choose a different name.:You can also read more tips on how to choose a name for your business.

No risk of confusion

Are the activities of the other business not similar to yours? Or is there no risk that your areas of work overlap? Then there is little risk of confusion if you use the same trade name or a name similar to it.. Do first check with a search engine like Google if you come across the name online. If someone else has been using your trade name forsome time, that person has the oldest right to the name. Even if that person has not registered the name in the Business Register. If you do not find the name online, chances are you can just use it.

The BOIP Trademarks Register contains a trademark that is similar to my name. What now?

You may not be allowed to use the name.

If you sell the same or similar products or services as the owner of the trademark in the
Trademark Register, it is confusing. And that is not allowed. Customers and suppliers may think
they are doing business with the company with that trademark. The owner of the trademark can
then object to your name. For example, by sending you a letter telling you to stop using the name.
If you do not stop? Then you may have to pay damages.

What happens if no results are found for the Business Register, but some are found for the Trademarks Register (or the other way around)?

In that case you would better not use that name.

The name is only in the Trademark Register

Then the name is protected for one or more products or services. You may not or no longer use the name for those products or services. It is better not to use very well-known brand names anyway. Not even if you sell other services or
products.

Please note: you will not find any names in the Trademark Register that only give a description. For example ‘Baker’ for a bakery shop. BOIP only records trademark names that do not describe the product or service for which they are applied.

The name only appears in the Business Register

Is the trade name used in the same region in which you work? And for the same products and services? Then choose a different name.

What do I need to look out for when using the Name checker?

Please note: the Name checker displays information from the BOIP Trademarks Register and the
Chamber of Commerce Business Register. Please be aware that:

  • The Name checker is a tool and is not a research or advice.
  • These registers change daily. The Name checker search results only reflect the situation at that particular moment.
  • The Name checker only displays trade names and trademarks that feature or match the exact query. Be sure to try alternate spellings and variations.
  • The search result of the Name checker on KVK.nl is sometimes different from the search result of the Brand Check on BOIP.int and KVK.nl/zoeken
     

Trade name or trademark? An important difference

There is an important distinction between a trade name and a trademark.If you actively use a trade name, it is automatically protected. But only in the region where your campany is active. Outside that region, other companies are allowedto use your name. If you want the exclusive right to a name, you have to register it as a trademark. You can register your trademark for the entire Benelux (the Netherlands, Belgium and
Luxembourg) ar BOIP Read more about the differences between trade names and trademarks.

About BOIP

BOIP is the English abbreviation, and acronym, for the Benelux Office for Intellectual Property. We are the official body that registers trademarks and designs in the Benelux (i.e. Belgium, the Netherlands and Luxembourg). We help entrepreneurs in the Benelux protect their intellectual property in as simple a manner as possible.

About the Name checker

You can use the Name checker to check whether the name you have chosen is already in use. BOIP and the Chamber of Commerce have built this tool together enabling you with a single search request to search in both the BOIP Trademarks Register and the Chamber of Commerce Business Register. The tool directly shows the most significant results for your name and helps you to interpret them. You will also receive tips on how you can protect your name. It means you can start directly with a strong name for your business.

Questions?

Do you need help or further explanations? Check the frequently asked questions or contact our colleagues in the BOIP Information Centre. We will be happy to help you further.

 

What does this mean?

Do this check before you start using your name.

  • Check whether you can find the name using Google. If someone else has already been using your trade name for a while, that other person has the first claim to the name. That is also the case if the other person has not registered the name in the Chamber of Commerce Business Register.
  • If you are absolutely sure that your name is still available, continue reading on this page.

Read more about using the Name checker

What do I do now?

There is an important difference between a trade name and a trademark. If you actively usea trade name, it is automatically protected. But only in the region where your campany is active. Outside that region, other companies are allowed to use your name.

Registering your trade name as a trademark

Would you like to have the exclusive right to your name? If so, you can apply to register your trademark with us: the Benelux Office for Intellectual Property. We are the official body that registers trademarks and designs in the Benelux (i.e. Belgium, the Netherlands and Luxembourg).

Register your trademark in 4 steps

Do you want to know how you can register your trade name as a trademark? Run through our 4steps.

  1. Check whether your trademark already exists.
  2. Check whether your trademark is distinctive.
  3. Select the correct products and/or services.
  4. Apply to register your trademark.

Start now with the 4 steps for trademark registration

Questions?

If you still have questions about choosing your name or how to use the Name checker, take a look at the frequently asked questions or contact our Information Centre. We will be pleased to help!

Do you need advice?

BOIP being a non-commercial independent body, we are pleased to be able to provide you with extensive information about registering your trademark. However, we are unable to give advice about your personal situation.

If, despite our help, you still have difficulties with your application, we advise you to contact a legal specialist in trademark law. They can advise you on the best protection for your brand and take care of the registration procedure for you. You can find contact details of specialists at www.bmm.eu.

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