Protection in the Netherlands

The protection of trademarks in the Netherlands: registration at the Chamber of Commerce

Two important conditions

A trademark can be protected in the Netherlands when two conditions are met. Firstly (1) the tradename must be registered at the CoC and (2) it must be actually used in trade.

The first condition is objective and can be determined quick and easy, as it is its execution. The entrepreneur can register his tradename easily and quick through a standard form. This registration will then be published.

Whether the second condition can be met, the use of the name in trade, is quite arbitrary in practice, especially when tradenames are not used on a regular basis. The judge ultimately has the last say and has to determine in every individual case whether this condition can be met.

When a tradename is registered timely and is used in daily trade, the name is protected in principle against the use of thirds.

Protection is not absolute; goal is to prevent confusion of names

To be complete it must be noticed that protection is not absolute. The protection only goes so far as necessary to accomplish the goals of that protection, which is preventing confusion over names between different (competitive) entrepreneurs and/or their products.

To clarify this with two examples. When a bakery in a village or town uses a certain name, it does not often occur that confusion can exist when a butchery uses the same name. They sell different products. Furthermore it can also happen that bakeries in different towns have the same name. Confusion cannot be established easily, now that the physical distance between both is large.

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