Then you make the decision to become self-employed and suddenly you get all stuck on that company name. Not easy, is it?
A good name can do many things, but – trust us – it might as well just sound good. Still, there are a few things you need to pay attention to, if only to avoid getting into legal trouble.
What is a ‘company name’? 🔎
A trade name or company name has a commercial function, it is the name you use towards customers. But it is therefore not necessarily the name of your company itself.
Tip:
Trade name = company name = commercial name
≠ company name
≠ brand name
We explain the difference:
- A sole proprietorship
This form of company automatically always gets your own first name and last name, so the social name of your sole proprietors is your own name. In addition, however, you can freely choose a commercial name, the company name so to speak.
- Partnership
A company is not automatically given a name, how should you as an entrepreneur choose a social name. Moreover, this should already be a unique name. In addition, you can also choose here to add another commercial name, the company name so to speak.
| Sole proprietors | Company | |
|---|---|---|
| Company name (towards customers) | Choose freely | Choose freely |
| Company name | First name + last name | Choose freely |
Unfortunately, there is nowhere specifically to register your company name so that the name can be used only by you.
If you are the first to use a trade name in a visible and public way, then it is yours, it is really that simple. That’s because a trade name is not the same as a brand (name). A brand name is the name of a product or services, and you can register that brand name.
Practical example: the brand name Coca-cola is protected and is a product from the company with trade name: The Coca-Cola Company. A lot of companies do it similarly, they have their trade name which may even be less well known, but have strong brand names for all their different products.
Would you like to register a trademark? You can do so officially according to the website: https: //www.boip.int/nl. Mind you, this obviously comes at a cost.
Back to our company name, so we didn’t have to register it anywhere. Still, it can be useful to have your company name included in the KBO, an online database that lists all Belgian entrepreneurs.
That may not be official protection for that name, but it does give you public proof that you were already using that company name on that exact date.
Does someone else later use the exact same company name while you had already taken it? Then by registering it in the CBE, you have a strong case to force the other parties to select another company name after all, as you were unmistakably first.
How do I know if a ‘company name’ is still available?
Search for it, that’s the easiest way. The protection of a company name is determined according to its use, i.e. public familiarity.
The better known a name is, the broader the protection. If you have a commercial name in mind for your business and you just throw it into Google, you’re going to find out right away whether or not your name is already being used.
Consequently, the legal protection of a company name is a grey area. Also know that rights to a company name expire as soon as it is no longer enabled.
Tip:
If you go for a commercial name, immediately go for a company name that simply doesn’t exist yet. That way, you will already avoid problems in the future. Also get it registered quickly in the CBE through a recognised business office.
What is the cost of a company name?
Choosing a company name is free, which is already convenient. For one thing, because you don’t have to register it anywhere, it’s just the name you use when talking about your business.
Even if you do decide to register your company name in the CBE, it will still cost you nothing. And so we can only recommend a registration in the CBE as well.
You can get such a registration in the CBE okay through a recognised enterprise counter, such as Acerta, Liantis or Xerius. These recognised enterprise counters register your company name in the CBE completely free of charge, at the start of your sole proprietor, but just as easily at a later date.
