The plan is ready, the legal form is chosen, only the name is still missing. That is often a fun and creative part of starting out, and at the same time a part with rules of its own. According to the KVK (Dutch Chamber of Commerce), business names must be unique, must not mislead and must not resemble an existing trademark. A name you now happily put on your website and invoices is one you want to keep using for years; that is why it pays to know the rules beforehand.
Below you can read what a business name officially is, which rules apply and how the KVK describes the route from idea to name. After that: the check with the Naamchecker, registering and protecting your name, changing it, and the business name on your business account.
Key points:
- Handelsnaam (trade name) is the official word for business name. Every business must have one and states it when registering in the KVK’s Business Register (Handelsregister).
- When choosing a business name, the rules of the Handelsnaamwet (Trade Name Act) apply: the name must not mislead and must not confusingly resemble an existing business name or a trademark.
- With the KVK’s Naamchecker you check whether a name is already in the Business Register or in BOIP’s trademark register.
- According to Ondernemersplein, protection arises through use of the name. If you want more protection, you can register the name as a trademark with BOIP.
What is a business name?
According to the KVK, the business name is the name of your business, and handelsnaam (trade name) is the official word for it. According to Ondernemersplein, every business must have a trade name. You state it to the KVK when you register in the Business Register. The trade name right arises through use of the name: you have to actively use your business name to get protection under the Trade Name Act, for example in your advertising, on your building, your website and your invoices. A trade name is not the same as a trademark. You can read more about that further down.
With a bv or nv, a second name comes into play: the statutory name (statutaire naam), the name in the articles of association. If you register extra business names with such a legal form, according to the KVK you must use them together with the business name from the articles of association, for example on quotes, invoices and contracts. You only change the statutory name through a notary, with an amendment to the articles of association.
Rules for your business name: the Trade Name Act
The rules for business names are in the Trade Name Act (Handelsnaamwet). That law does not only contain rules, it also protects you: if you are the first to use a business name, according to the KVK someone else may not simply use it, even if your name is not in the Business Register. The other way round, you may not choose a name that someone else already uses. The KVK and Ondernemersplein give these examples with the rules:
| Rule | Example or explanation |
|---|---|
| Not misleading | A sole proprietorship is not called Jansen & partners; words such as groep or en zonen also suggest more owners |
| No title you do not hold | Koninklijk or Royal only with the Koninklijk (royal) designation |
| No wrong impression of your work | Thuisgeluk Thuiszorg (home care) is not allowed if you only do cleaning work |
| Another person’s name | A first and last name that is not yours can be misleading; if you take over a business named after someone, you do not have to change the name |
| No legal form you do not have | No BV, &partners or &co in the name of a sole proprietorship |
| No confusion with an existing name | Not with a slightly different spelling either, or with your town name added |
| No existing trademark | No trademark of another company, and no name that resembles it |
| Protected professions | Doctor, pharmacist or nurse only with BIG registration; bank, architect, accountant, lawyer and notary are protected too |
According to Ondernemersplein, confusion can arise if you offer the same products or services and are active in the same region. A few rules are more technical. If you register more than one business name, you may not mention your legal form in the extra names. With a bv or nv you may only mention the legal form if the business name is the same as the name in the articles of association. Digits and punctuation such as a full stop, comma, hyphen, plus or & are allowed, but according to the KVK the Trade Name Act does not protect lots of punctuation marks (such as ---- or &&&&) or special characters such as ^ or ~. Following a trend, such as beauty by or hair by, is allowed as long as you combine it with a (first) name that is not yet in the Business Register.
In short: a good business name is unique, describes honestly what you do and does not resemble an existing name or a trademark.
Coming up with a business name: how to go about it
Anyone who has to come up with a name for a business starts, according to the KVK, with the rules and only then with creativity. The KVK describes the route to a name that meets all the rules roughly as follows:
Read which rules the Trade Name Act sets, so that you know what is and is not allowed.
Think of a name that suits you and your business, and take privacy, multiple names and other countries into account.
Check with the Naamchecker whether the name is already in the Business Register or the trademark register.
Check whether the domain name is still free, for .nl domain names with SIDN’s domain name check.
Search whether foreign business names resemble yours. If in doubt, a lawyer specialised in intellectual property (IP lawyer) can carry out a trade name search.
What to watch out for when coming up with a name
One point worth considering is privacy. The KVK registers your business name in the Business Register, and that register is public. If you use your own name as the business name, the name can lead to you personally; if you do not want that, you had better choose a different name. You can also register several business names, for example if you have several activities. The KVK gives the example of a fashion company that uses Jansen Schoenen (shoes) for one product type and Jansen Tassen (bags) for the other.
Also think beyond today. You may have no plans to do business abroad now, but that can change. The KVK recommends finding out how your business name sounds in other languages, and checking whether the word or the sound means something odd there. That way you avoid a name that works well in Dutch getting in your way later.
Your own name or a made-up name
According to the KVK, about a quarter of entrepreneurs still register under their own surname. That has advantages: customers know who is behind the business, and that can build trust. Do look at the future, though. You may start as a zzp’er (freelancer), but later hire staff or start doing business internationally; and what if you want to sell the business later? Does your own name still fit then? If you choose a made-up name, a brainstorm with four questions from the KVK helps: who is your target group, what do you have to offer, what makes you unique and what do you want to convey? Do not be too critical of your own ideas straight away.
Also think about findability. Anyone looking to contact you types your business name into a search engine. If you sell chairs, a name like Stoel (chair) is very clear, but according to the KVK such a generic name makes it hard to reach the top of the search results. If an original name raises questions, you can answer them with a tagline: a short sentence that makes clear what your business does. The KVK recommends using a search term in the business name or the tagline.
Checking a business name with the KVK Naamchecker
Before you register a name, you want to know whether it already exists. With the KVK Naamchecker you see whether the business name you came up with is already in the Business Register. At the same time you check whether the name is registered as a trademark with the Benelux Office for Intellectual Property (BOIP). BOIP’s trademark register contains all trademarks applied for or registered in Belgium, the Netherlands and Luxembourg. According to the KVK, those trademarks are the intellectual property of others and you may not use them.
Checking a business name does not stop at the border. The KVK recommends also looking at whether foreign business names resemble yours. If such a company is also known in the Netherlands, you had better choose a different name. A search engine quickly shows whether a name is already in use. If in doubt, you can have an IP lawyer carry out a trade name search.
Registering and protecting a business name
You register your trade name with the KVK, but not separately from your business. The KVK points out that you cannot register only a business name: you have to register your business in full straight away, including the legal form. With that registration, the KVK registers your business name immediately. Registering is not the same as protecting. The Trade Name Act only protects a name once you actually use it, for example in advertising, on your website or on invoices. According to the KVK, the business that has used a trade name the longest is protected.
Trade name or trademark: how far does protection reach?
A trade name is the name of your business; a trademark is, according to the KVK, the name or logo with which you offer a product or service. The protection differs. The Trade Name Act only protects in the region where your business is active and has built up name recognition; outside that region, others may use the same trade name. Because many businesses are active online and become known nationally that way, this protection can also apply to the whole of the Netherlands. Registration with the KVK does not in itself provide protection. If another entrepreneur in your region already uses the name, the KVK says you usually may no longer use it.
A trademark can be the same as your trade name, but it does not have to be. The KVK gives the example of De Vries Meubels (furniture) with a chair line called Zitopia: registering only Zitopia as a trademark is also possible. A trademark registration with BOIP is valid for ten years and can then be renewed. For protection across Europe you go, according to the KVK, to the EU Intellectual Property Office (EUIPO), and there is no organisation for worldwide trademark registration.
Registering your name as a trademark
If you want even better protection, you can register your business name as a trademark with BOIP. According to the KVK, a trademark gives you the sole right to use a name or logo for your products or services in the Netherlands, Belgium and Luxembourg. Extra conditions apply to trademarks. For example, a trademark may not describe your product or service and must be distinctive. Take that into account while coming up with the name if you want to register it as a trademark later.
Domain name and conflicts
Before you register your business name, check whether the domain name is still free. According to the KVK, always register your domain name with SIDN, the registry for .nl domain names, first and only then with the KVK. After your registration your name is public, and someone else could then register your domain name before you do. The KVK also warns that criminals sometimes try to scam entrepreneurs by selling domain names. If another company’s name later resembles yours too closely, according to Ondernemersplein you can ask that company to change its name. If it does not, you can ask the subdistrict court (kantonrechter) by petition to have the company change its name.
Changing or adding a business name
You change your trade name or add a name yourself online via Mijn KVK. You log in with DigiD or European login, choose the business, adjust the name and send the change. Changing or adding is free. As reasons to change, the KVK names that the current name no longer fits what your business does, or that you are going to offer other products or services. You add an extra name if your business takes on extra activities; then also update your activities.
Once the change is in the Business Register, you receive a letter from the KVK. Keep it as proof. The KVK passes the name change on to the Belastingdienst (Dutch Tax Administration). According to the KVK, you may have and register as many trade names as you need, and with a form you set the order, so that the right name is at the top of your extract. With a bv or nv the statutory name is the exception: it only changes through the notary.
Extra name or new name? According to the KVK, you choose an extra business name if you want to carry out new activities under a different name and keep your existing name. If the existing name no longer fits and you want to use only one name, you adjust it, for example from Diallo Stoelen (chairs) to Diallo Meubels (furniture) when you expand your range. A more general name is less clear about what you have to offer, though. You do not get a new KVK number for an extra name. Afterwards, do not forget your website, social media, quotes and invoices. If you add new activities, according to the KVK you may need a separate VAT ID; for that you contact the Belastingdienst.
Good to know: according to the KVK, a new or extra trade name must also be unique. Check beforehand with the Naamchecker whether the name already exists.
Your business name on the business account
Which name is on your business account depends on your legal form, and so on how your business name is registered with the KVK. Vivid’s site puts it like this: freelancers and sole proprietorships open the account in their own name, because legally there is no separate business; for limited companies, the account must be in the company name. With Vivid you arrange the business account fully online:
Vivid in short: a business account in your own name or in your bv’s name, with a Dutch IBAN, from €0 a month for the plan; individual services can come with costs.
Name chosen? Then the account
Open a business account with a Dutch IBAN online for your sole proprietorship or bv.
Frequently asked questions
What is the difference between business name and trade name?
There is no difference: according to the KVK, handelsnaam (trade name) is the official word for business name. With a bv or nv there is also the statutory name from the articles of association.
How do I check whether a business name already exists?
With the KVK’s Naamchecker. It looks in the Business Register and in BOIP’s trademark register. Also check with a search engine and with SIDN for the domain name.
Can I register a business name without registering my business?
No. According to the KVK, you register the business name by registering your business in full, including the legal form.
Is my business name protected?
According to Ondernemersplein, the Trade Name Act protects a name you actively use, for example in advertising, on your website and on invoices, and according to the KVK only in the region where your business is active and known. You get more protection with a trademark registration at BOIP.
May I use my own name as my business name?
Yes, according to the KVK about a quarter of entrepreneurs do. The Trade Name Act rules still apply, and the Business Register is public, so the name can lead to you personally.
How do I change my business name?
Online via Mijn KVK, free of charge. You change the statutory name of a bv or nv only through the notary.
How many business names may I have?
According to the KVK, as many as you need. With a bv or nv you use extra names together with the name from the articles of association.
This article provides general information and is not legal advice. The rules and examples mentioned are as published by the KVK and Ondernemersplein, and may change. Vivid’s payment services are provided by Vivid Money S.A., an electronic money institution authorised and regulated by the Commission de Surveillance du Secteur Financier (CSSF) in Luxembourg under register number W00000015; its Dutch branch is registered with De Nederlandsche Bank (DNB) as an electronic money institution under number R199916.
