Handelsnamen

Handelsnaam is a term used in Dutch-speaking jurisdictions to refer to the name under which a business operates and presents itself to the public. It serves as the public identifier of the enterprise, appearing on invoices, business correspondence, signage and marketing materials. A handelsnaam can be the same as the legal name of the owner or legal entity, or it can be a fictitious name used for commercial purposes.

Relation to legal name and trademarks: A handelsnaam is not always the same as the statutory name of a company. An entrepreneur can use a trade name that differs from the legal name or register a fictitious name for commercial activities. While a handelsnaam helps identify the business in everyday commerce, it is not automatically a registered trademark. For broader, formal protection beyond local use, many businesses also seek trademark registration for their name or logo.

Registration and protection: In the Netherlands, and similarly in other Dutch-speaking areas, a handelsnaam is typically registered or recorded when the business is registered with the chamber of commerce. The name must be unique and not capable of misleading customers or confusingly similar to an existing handelsnaam in the same field of activity. Protection against misuse by others commonly relies on principles of unfair competition and, if appropriate, on trademark law. If stronger protection is desired across products and regions, registering a trademark is advisable.

Practical considerations: When establishing a business, choosing a distinct handelsnaam is important for brand recognition and legal clarity. It should be checked for availability, aligned with the legal name where relevant, and considered for trademark protection if broader exclusive rights are sought.

See also: Trade name, Trademark, Unfair competition, Business registration.