Starting a business is an exciting yet challenging process, and one of the first crucial steps is selecting a name that not only reflects your brand but also avoids conflicts with existing trademarks or businesses. For entrepreneurs in the Netherlands, a new ‘Name Checker’ tool was recently introduced by the Benelux Office for Intellectual Property and the Dutch Chamber of Commerce. This tool simplifies the process of ensuring your chosen name is available and legally viable.
1. What are the BOIP and the KvK?
The Benelux Office for Intellectual Property (“BOIP”) is the official body responsible for registering trademarks, designs, and models in the Benelux region (which covers Belgium, the Netherlands, and Luxembourg). It provides protection for intellectual property across these three countries and helps businesses safeguard their brand identity. The BOIP also plays a crucial role in ensuring that trademarks and designs are not in conflict with existing registrations. More information about the BOIP can be found here.
The Dutch Chamber of Commerce, or Kamer van Koophandel (“KvK”) in Dutch, plays a central role in supporting entrepreneurs across the Netherlands. It is responsible for maintaining the Commercial Register, which includes data on all registered businesses, and offers advice and information on starting and running a business, including legal obligations, business planning, and more. You can learn more about the KvK and their services here.
2. How Name Checker Works
The Name Checker is designed to simplify the process of name selection by allowing entrepreneurs to search both the KvK’s Commercial Register and the BOIP’s Trademark Register at the same time. This dual search capability ensures that your chosen business name is not already taken or trademarked, reducing the risk of potential legal disputes. To access the Name Checker tool, click here.
To illustrate how the tool works, let’s use the example of my own sole proprietorship, ‘Haacke Commercial Legal Services’. When performing a search for this name using the Name Checker, the tool automatically checks both the KvK for company name conflicts and the BOIP for trademark availability. Here’s what was found:
- The name ‘Haacke Commercial Legal Services’ is not available for registration as a company name because it is already registered as a sole proprietorship.
- The name ‘Haacke Commercial Legal Services’ is available for registration as a trademark – no conflicting trademarks were detected in the BOIP register. (Perhaps I actually will register this name as a trademark one of these days!)
This example shows how the Name Checker can help identify potential conflicts early on, saving you time, money, and legal hassles
3. Beyond Legal Protection: Why a Unique Business Name Matters
Choosing a unique and legally secure business name does more than protect you from lawsuits – it forms the cornerstone of your brand’s identity and marketing strategy. A distinctive name helps your business stand out in a crowded marketplace, making it easier for potential customers to remember you and engage with your brand. Moreover, having an original name can improve your online visibility, boosting your search engine optimization (SEO) and helping you rank higher on platforms like Google. In a global market where businesses are increasingly competing for attention, your business name can be a powerful tool in differentiating your brand. So, beyond the legalities, think about how your name resonates with your target audience and what message it conveys.
Thinking of launching a new business? Don’t wait until it’s too late – test your potential business name today with the Name Checker tool to ensure your brand starts on solid ground. All you have to do is enter your name idea – the tool will do the rest for you.
4. Important Considerations When Using Name Checker
Although the Name Checker is a powerful tool, it’s good to know that it does have its limitations. For example, it does not perform phonetic searches, so names that sound similar but are spelled differently (e.g., ‘Insight’ vs. ‘Insite’) may not be flagged as conflicts. It might also not detect similarities between abbreviations and full names. For instance, if one company is named ‘ABC Technologies’ and another is registered as ‘A.B.C. Technologies’, the tool may not flag this as a conflict even though both names could be perceived similarly by customers. This is why it’s recommended to use variations of your desired name, including abbreviations, during your search to ensure full coverage. Furthermore, the Name Checker should be used as a preliminary check rather than a final decision. For more thorough vetting, it’s always advisable to consult legal experts or perform additional checks.
5. Conclusion
The Name Checker tool is a valuable resource for entrepreneurs as they embark on the journey of starting or rebranding their business in the Benelux. By streamlining the process of checking both company names and trademarks, the tool helps mitigate risks associated with name conflicts and intellectual property rights in a user-friendly manner.
Thoughts, comments or questions? Let me know!
Gundo Haacke, Interim Legal Counsel & Owner of Haacke Commercial Legal Services.
Blog article first published on 28 August 2024.
Image credit: Generated by myself using AI.
Disclaimer
The information provided in this blog article is for general informational purposes only. Nothing contained in this blog article constitutes legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. The author disclaims any liability in connection with the use of this information.
