Protect your trade name
Introduction
A trade name is a name under which a (commercial) company does business and by which it is known. In Belgium, a trade name has a basis protection. However, there is no specific protection right in Belgium, despite Art. 8 of the Paris Convention which imposes the States of the Union Treaty to provide a national protection regime. The protection is based on common law. We can help you with registering your trade name as a trademark, with trade name disputes, or by defining the protection requirements for your specific business (public, visible and permanent).Learn how you can protect your trade name.
What is a trade name?
A trade name is a name under which a (commercial) company does business and by which it is known. It is used to identify one trading company from the other. A trade mark can only be a word (name, nickname, invented name).
The functions of a trade name includes a distinguishing feature (see above) and a marketing function.
The mere right to a trade name is acquired through the first public use. You do not need any formalities. The disadvantage is that a trade name in itself offers a minimum protection. The use of the trade must be publicly visible and permanent. The selected trade name should obviously be free.
Protection requirements
The scope of the protection is limited to the geographical area where it is known. The determination of this ‘geographic area’ is to be determined in each separate case (e.g. a local newspaper vendor versus a known exclusive advertising agency). The protection may play a role in trade disputes among themselves, in the risk of confusion (among the trade or to the activity) and in conflicts between a trade and company names.
In IT-law, there are often conflicts between trade and domain names.
End of protection.
The protection will end when the trade name is no longer in use (see condition ‘permanent’). The protection also ends with a cessation of activities or when a business loses its distinctive character.
Trade name summary
The legal principles of trademark law deal with the functions of a trade name, the protection requirements, the duration and the rights of the proprietor. Click here to protect your tradename.