Trade Name Act (Handelsnaamwet)

In this Act, 'trade name' is understood to mean the name under which a business is conducted.

The trade name passes by succession and is transferable, but both only in connection with the enterprise which is conducted under that name.

It is prohibited for the owner of an enterprise to use a trade name which, contrary to the truth, indicates that the enterprise belongs, in whole or…

It is prohibited to use a trade name which indicates, contrary to the truth, that the enterprise belongs to one or more persons acting as a general…

It is prohibited to use a trade name which, before the enterprise was conducted under that name, was already lawfully used by another person, or…

It is prohibited to use a trade name which contains the trademark to which another person is entitled to distinguish his manufactured goods or…

It is prohibited to use a trade name which gives an incorrect impression of the enterprise conducted under that name, insofar as deception of the…

If a trade name is used in contravention of this Act, any interested party may, without prejudice to his claim under Title 3 of Book 6 of the Civil…

The petition (application) referred to in the first paragraph of the preceding article may also be made by the Chamber of Commerce.

The preliminary relief judge may, upon the claim of the claimant, permit the temporary continuation of the alleged conflict with Articles 5 or 5a on…

If a trade name is used contrary to Articles 5 or 5a, the court may, in appropriate cases, determine the damages as a lump sum.

Any person who uses a trade name in contravention of this Act shall be punished by a fine of the second category.

This Act may be cited under the title "Trade Name Act".

This Act shall enter into force at a time to be determined by Us.