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Trade name infringement in the Netherlands occurs when a business uses a name that someone else lawfully used earlier, or a name that differs only slightly, and the public may confuse the two businesses (Article 5 Dutch Trade Name Act). A foreign company that finds a Dutch competitor using its name can ask the subdistrict court or the preliminary relief judge to order a name change, and claim damages.
This page is about acting against a confusing name, or defending yourself against such a claim. What a trade name is and how the right arises is explained on our main page on trade name law in the Netherlands. If the name is also registered as a trademark, see our page on enforcing trademark rights in the Netherlands.
When does a name infringe a trade name under Dutch law?
When it is the same as, or only slightly different from, a trade name that another business used lawfully before, and confusion between the two businesses is to be feared because of the nature of both businesses and where they are established (Article 5 Dutch Trade Name Act).
A trade name is the name under which a business is conducted (Article 1). The right arises from using the name, not from registering it. A registration in the Dutch trade register (KvK) is an administrative step: it does not decide who used the name first. Courts look at the facts of use: invoices, website, signage, contracts and correspondence with customers.
Which factors decide whether the public will confuse two businesses?
Article 5 names two factors: the nature of both businesses and the place where they are established. Article 5 also covers names that differ only slightly (Article 5 Dutch Trade Name Act). Other circumstances, such as the customers both businesses serve, can play a role in the overall assessment.
| Factor | More risk of confusion | Less risk of confusion |
|---|---|---|
| Similarity of the names | Identical names, or a difference of one letter or a generic addition | Only a common, descriptive word in common |
| Nature of the businesses | Same sector, same products or services | Unrelated sectors, such as software and catering |
| Place of establishment | Same city or region, or both active nationally or online | Local businesses in distant regions |
| Customers | Same group of customers, same sales channels | Clearly different customer groups |
Online sales and national marketing widen the area in which confusion can occur. A business that started locally and now sells nationwide can therefore come into conflict with a name it never noticed before.
Can a trade name infringe a trademark, or the other way round?
Yes. It is prohibited to use a trade name that contains another’s trademark, or a sign that differs only slightly from it, if the public may be confused about the origin of the goods (Article 5a Dutch Trade Name Act).
The trademark owner can also act under the Benelux Convention on Intellectual Property (BCIP). Using a sign as a trade name or as part of one can be prohibited as trademark infringement (Article 2.20(3)(d) BCIP). A Benelux trademark is not tied to a place of establishment, which can give a stronger position than a trade name alone. More on registration on our page on trademark protection in the Netherlands.
The Act also prohibits a trade name that gives a misleading impression of the business, if the public may be misled (Article 5b), and a trade name that falsely suggests a different legal form (Article 4).
Is a foreign trade name protected in the Netherlands?
It can be, but Article 5 looks at the nature of both businesses and where they are established. A foreign business not active in the Netherlands will find confusion harder to show (Article 5 Dutch Trade Name Act).
For a foreign company planning to enter the Dutch market, the practical answer is to register the name as a Benelux trademark before launch (Article 2.2 BCIP), and to start using the name towards Dutch customers. Our page on brand protection under Dutch law explains how to combine these rights.
What do you do when a Dutch business uses your name?
Document the use and the confusion first, then send a reasoned letter. A trade name conflict can end with a name change, a transitional period or a coexistence agreement, without court proceedings.
- Establish your priority. Collect evidence of the first use of your name in the Netherlands: invoices, contracts, advertising and website archives.
- Document the other use. Make dated screenshots of the website, social media and search results, request a trade register extract and keep emails or calls from confused customers.
- Check the trademark registers. A trademark on either side changes the analysis (Article 5a Hnw and Article 2.20 BCIP).
- Send a letter that describes your rights, the confusion and the change you demand, with a reasonable deadline.
- Negotiate a name change, a distinguishing addition, a split by territory or sector, or a transitional period for stock and signage.
- Go to court if this fails, with a petition to the subdistrict court or summary proceedings.
Which legal procedures are available for trade name infringement?
Two routes: a petition to the subdistrict court under the Trade Name Act, or a claim based on an unlawful act, including summary proceedings. The Act expressly leaves the second route open (Article 6(1) Dutch Trade Name Act).
| Route | What the court can order | Basis |
|---|---|---|
| Petition to the subdistrict court | A change to the name, as determined by the court, to end the infringement; provisionally enforceable if the court so orders | Art. 6 Hnw |
| Summary proceedings (kort geding) | A provisional ban on use of the name, possibly with a penalty for non-compliance | Art. 6:162 Dutch Civil Code |
| Proceedings on the merits | A ban, damages, or damages assessed on the infringer’s profit | Art. 6:162, 6:104 Dutch Civil Code |
| Trademark claim | A ban, damages, surrender of profits, recall and destruction | Art. 2.20–2.22 BCIP |
The petition goes to the court of the district where the infringing business is established; the subdistrict judge (kantonrechter) hears it, and an appeal can be lodged with the court of appeal within one month (Article 6(2) and (4)). In proceedings under Articles 5 and 5a of the Act, the losing party can be ordered to pay the reasonable and proportionate legal costs of the winning party (Article 1019 with Article 1019h Dutch Code of Civil Procedure). For urgent cases, see our page on kort geding (summary proceedings).
What if you receive a trade name infringement claim?
Check whether the claimant really used the name first, in the same sector and in the same area, before you change anything. Article 5 protects only against confusion between businesses, not against every similar name (Article 5 Dutch Trade Name Act).
- Collect evidence of your own first use and of the differences in sector, region and customers.
- Check whether the claimant’s name is merely descriptive of its activities; descriptive words are harder to monopolise.
- Consider a distinguishing addition or a coexistence agreement if a full name change is disproportionate.
- Respond within the deadline. Without a response, the claimant may start summary proceedings, and the losing party can be ordered to pay the other side’s reasonable and proportionate legal costs (Article 1019h Rv).
How do you avoid a trade name conflict when entering the Dutch market?
Search before you choose: the Dutch trade register, the Benelux and EU trademark registers, domain names and the market itself. Then register the name as a Benelux trademark, which gives an exclusive right from registration (Article 2.20(1) BCIP).
A domain name is not automatically a trade name: it becomes one only if the business is conducted under that name (Article 1 Dutch Trade Name Act). Register the domain names and social media handles you need at the same time as the trademark, before your Dutch launch becomes public.
Practical example: a foreign software company and a Dutch namesake
Suppose a Swedish provider of warehouse software has sold under its name to Dutch logistics companies for six years. A newly founded Dutch IT firm registers a nearly identical name in the trade register and advertises “warehouse automation”. Customers start calling the Dutch firm about the Swedish software.
The Swedish company collects its Dutch invoices since 2020, the emails from confused customers and the trade register extract. Same sector, same customers, national activities: confusion is to be feared under Article 5. After a letter, the Dutch firm agrees to change its name within three months. Had it refused, the Swedish company could have asked the subdistrict court for an order under Article 6, or brought summary proceedings.
When should you involve a Dutch lawyer?
Involve a Dutch lawyer when customers confuse your business with another, when you receive a demand to change your name, or before you launch a name in the Netherlands. The choice between a petition, summary proceedings and a trademark claim affects speed, cost exposure and the outcome.
MAAK Advocaten in Amsterdam advises foreign and Dutch businesses on trade name and trademark conflicts, negotiates coexistence agreements and litigates in first instance and on appeal. Read more about our Dutch intellectual property lawyers, see our intellectual property law hub or contact us.
Frequently asked questions about trade name infringement in the Netherlands
What is trade name infringement under Dutch law?
Using a name that another business used lawfully before, or a name that differs only slightly, where confusion between the two businesses is to be feared because of their nature and place of establishment (Article 5 Dutch Trade Name Act).
Does registration with the Dutch Chamber of Commerce protect my trade name?
Not by itself. Under the Dutch Trade Name Act, the right follows from actual use of the name in business. A trade register entry is an administrative step. For an exclusive right regardless of location, register the name as a Benelux trademark.
Which court decides a trade name dispute in the Netherlands?
Under Article 6 of the Dutch Trade Name Act, a petition is heard by the subdistrict judge of the district where the infringing business is established. Alternatively, you can bring a claim based on an unlawful act, including summary proceedings, before the district court.
Can I claim legal costs in a trade name case?
In proceedings under Articles 5 and 5a of the Dutch Trade Name Act, the losing party can be ordered to pay the reasonable and proportionate legal costs of the winning party (Articles 1019 and 1019h Dutch Code of Civil Procedure), unless fairness requires otherwise.
Can a trade name infringe a trademark?
Yes. A trade name that contains another’s trademark is prohibited if the public may be confused about the origin of goods (Article 5a Dutch Trade Name Act). Using a sign as a trade name can also be trademark infringement under Article 2.20(3)(d) BCIP.
Primary sources
Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. The Benelux Convention on Intellectual Property (BCIP) is also published there in Dutch.
- Dutch Trade Name Act (Handelsnaamwet): Article 1, Article 4, Article 5, Article 5a, Article 5b, Article 6
- Benelux Convention on Intellectual Property (BCIP): Article 2.2, Article 2.20, Article 2.21, Article 2.22
- Dutch Civil Code: Article 6:104, Article 6:162
- Dutch Code of Civil Procedure: Article 1019, Article 1019h
