New trade name?New trade Consider 3 important points
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Rebranding is nothing new. It happens often. For example, the trade name may no longer be ‘hip’, the logo may be outdat or the target group may have chang due to growth and the ne to be active internationally. Thinking up a new name and designing a logo is a certain job. It would be a shame if it turns out afterwards that you cannot use the new name or logo, because you are infringing on the rights of someone else.
In this article I will highlight three points of attention that you can take into account when choosing a new (trade) name or a new logo.
1. Check existing trade names
When choosing a new name for your company, you will have to be careful not to infringe on the trade name of another company. The Trade Name Act offers the right to the trade name to the party that uses a trade name first.
What is a trade name?
People often think that they have to register a trade name with the Chamber of Commerce. This is a misconception. A trade name is creat by using a name in economic traffic. That is to say: using the name in advertising, an e-mail signature, on invoices, etc. Only then does the trade name right arise.
Registration is therefore not a requirement, but it can be an indication to show that the use of the trade name start at a certain point. The register name at the Chamber of Commerce can therefore differ from the actually us trade name. This is important to know, because you cannot draw any concrete conclusions about whether a specific name is in use as a trade name or not by simply searching the register of the Chamber of Commerce.
To compare
What if the intend new name is already being us by someone else? Does this mean that you cannot use the intend name? Not necessarily. This depends on the circumstances. More specifically, it depends on the circumstances that may or may not cause confusion among the public when both parties use the same trade name. It is list of scotland consumer email important here which services are offer under the trade name.
Is it a clothing store and a lingerie store? Then there may be confusion. Is it a clothing store and a marketing agency? Then the consumer will not (quickly) get confus. In that case, both parties will be able to use the trade name.
2. Check existing names and logos as trademark rights
In contrast to a trade name right, a trademark right only comes into existence after registration . It is increasingly common for a company to also register its trade name as a trademark. This is certainly recommend. A trademark right offers better protection than a trade name right.
In view of this, it is also wise to use the trademark registers to investigate easy way to spy on your competitors? take an online look into their kitchen whether the new name you intend to use is register as a trademark. Of course, make sure that you do not only consult the Benelux trademark register , but also the European trademark register . After all, a European trademark also offers protection in the Netherlands.
Also read: How to choose a good company name? Here’s what to alb directory look for
To compare
Suppose you have found a trademark registration of another company. Does this mean that you have to come up with a new name? In this case too, this does not necessarily have to be the case. It is important to carefully consider what the trademark is register for. If the trademark is register for sweets, and you want to use the name for a clothing store, this is not a problem. After all, the following also applies here: there can be (almost) no confusion among consumers.