Companies' names

It is not allowed to start a company using the denomination someone else has already given to another, comparable company, or a denomination resembling such a denomination. This right is can be regarded as being similar to trademarks but it is very limited:
A trademark is valid in the whole country, in the Netherlands even Belgium and Luxembourg are enclosed, but the protection for company names is much more limited, depending on the area of your activities and not farther. Only oin case you have an adress in another country, you most certainly have ontly rights to your name in one contry, the country where you are based.

Using a name for a company is infringing to a trademark, in case such exists, for the goods/services involved, but use of your companies name on a product is not infringing your companies' name. If for example you produce computers, and would object to your colleague, with another name, selling them under your companies' name, you will generally need a trademark in order to prevent this.

Therefore it is in most circumstances advisable to file an application for trademark protection for your companies' name. In the Benelux such an application always consists of a request for an availability search in the trademark registers, an opinion regarding the (raw) results is included in our fee. Therefore, by filing your companies' name as a trademark, you not only obtain the protection you require, but also information regarding elder trademarks, if such exist.