No, that's not a typo. Yes, we really mean the plural: names. Why? Because when you start a business you have to deal with 3 different types of name: trade name, domain name and brand name. Does that all seem a bit complicated? Well, it’s actually not so bad really. The most important thing to remember is that each name infers different rights. We explain it all in this article. We’ve also come up with a series of steps to help you choose the right name for your business.
Example: Let’s say you sell backpacks with the name LOLALU on them.
Trade name: The name LOLALU is a trade name if the name ‘LOLALU’ figures on your invoices, business cards, delivery van, offers, etc.
Domain name: The name ‘LOLALU’ is a domain name if you have registered a domain name for it, for instance lolalu.nl.
Brand name: The name ‘LOLALU’ is a brand name if you have registered ‘LOLALU’ as a trademark for backpacks for example.
Trade name (= company name)
Another term for trade name is company name or business name. Officially, this is the name under which you take part in trade. Your trade name offers you some basic protection. After you, others may not use the same name for the same sort of activities. Be careful though: that is only true for the area in which you are active with that name.
Domain name
Your domain name is your unique address on the internet. You obtain your domain name by registering it. You register .nl-addresses with SIDN via your internet hosting provider. However, your domain name gives you few or no rights in respect of others using your name. In the given example, your domain name lolalu.nl does not allow you to prevent others from also selling backpacks with the name ‘LOLALU’ on them. If you want to properly protect your name, you have to register that name as a trademark.
Brand name
Your brand name is the name you use to distinguish your products and services from those of your competitors. You can only protect your brand name by registering it as a trademark. With a registered trademark you can take action against others who – after you have registered it – want to use your brand name as a trade name, a domain name and/or a brand name for the same sort of activities. You determine for which area you want protection. Where you are active in that area does not matter.
Did you also know you can register your logo as a trademark too? It is not referred to as a brand name then of course, rather just a trademark (also called figurative mark). It is also another important difference with respect to a trade name: you cannot protect your logo with a trade name. To protect your brand name and your trademark in the Benelux you can register them with BOIP.
You determine what you need
Hema’s trade name is HEMA. The company has also registered HEMA as its brand name. The company has also – unsurprisingly – registered hema.nl as its domain name. You can also choose to use different names. The question is: what do you want to do with your business? That is what determines which sort of name you need. Are you only going to do business locally? If so, it may then be sufficient for you to have a trade name, with basic protection. However, if it is important for you to be able to take action against others who use your name as a trade name, a domain name or a brand name, or if you see that someone is using the name on the internet for similar activities, and if you don’t wish to be limited to the region in which you are active, then you need a brand name.
Distinctive or descriptive name
It can be quite difficult to come up with the right name for your business, as you also have to consider whether to choose a name that is distinctive or descriptive. For instance, a distinctive name for yoghurt is ‘Mona’. An example of a descriptive name for yoghurt is ‘Biomild’. The main difference is that a distinctive name offers more possibilities for protection; that is also true if you choose for basic protection that comes with a trade name. If you would rather have increased protection and you want to register your name as a trademark, then your name must be distinctive. Choose for instance then an invented or a fanciful name.
Not every name is available
Have you chosen a name? Check whether that name already exists. That way you avoid conflict with other entrepreneurs who hold prior rights.
Step-by-step plan for choosing the right name
- Consider what you want to do with your business
Do you want to be active in your local area only or also further afield? That will determine whether you need only a trade name or also a brand name. - Check whether the chosen name is available
Not every name is available. Check whether the name you are thinking about is still available. - Think of a name for your business
Do you want a name that you can register as a trademark? If so, check whether your name is distinctive. - Register your domain name and your brand name
Register your domain name and any brand name at the same time, or shortly after each other, to avoid any conflict and protect your rights.
| Questions & Answers | Trade name (=Company name) | Domain name | Brand name (=Trademark) |
| What is it? | Name under which you participate in trading activities | Your unique address on the internet | Name you use to distinguish your products and services from those of your competitors |
| How do you register it? | You don't have to register your trade name, but you must actively use it | You register your domain name – via your hosting provider – with SIDN for all .nl addresses | You register your brand name to protect it in the Benelux with BOIP |
| What does it give protection to? | Your trade name gives you a basic level of protection. After you, others may not use your trade name for the same sort of activity in the region where you are active | Your domain name gives you few or no rights in respect of others using your name | Registering your brand name means that, after you, others may not use the same name as a trade name, a domain name and/or a brand name, for the same kind of activity in the region for which you have registered it. |
| Have you chosen a name? | Check then first whether that name already exists | ||
