What Each Protection Actually Covers
Understanding these three instruments as distinct — not overlapping — is the foundation of any smart naming strategy.
Business Name Registration
A business name registered in a national commercial register (Germany's Handelsregister, France's RCS, the Netherlands' KVK, Spain's Registro Mercantil, Italy's Registro delle Imprese) gives your entity a recognised legal identity in that country. It means the state acknowledges your company exists and other companies cannot register an identical name in the same jurisdiction (with some caveats around distinctiveness).
What it does not cover:
- No protection in other EU countries unless registered there too
- No exclusive right to use the name as a brand
- No control over who uses the name in online advertising or on products
- No protection against trademark registrations that pre-date or post-date yours
EU Trademark
An EU trademark registered with EUIPO gives you the exclusive right to use your sign (name, logo, or combination) for specific goods and services across all 27 EU member states. It is enforceable against infringers without needing to prove identical entity names — even a phonetically similar sign in a related industry can be challenged.
What it does not cover:
- Your domain name (separate system entirely)
- Uses of your name in purely descriptive contexts
- Sectors and Nice classes you did not register for
Domain Name
A domain is a technical address, not a legal right. Registering yourname.com or yourname.eu gives you exclusive use of that internet address for as long as you renew the registration. Major registrars like Namecheap, GoDaddy, or IONOS process registrations in minutes.
What it does not cover:
- Any legal right to the name in commerce
- Protection against someone using the same name at a different TLD
- Any rights in national or EU company registers
Cost Comparison
| Protection | Jurisdiction | Approximate Cost | Renewal |
|---|---|---|---|
| Domain (.com) | Global | €10–€15/year | Annual |
| Domain (.eu) | EU | €8–€12/year | Annual |
| Business name (Germany GmbH) | Germany only | €150–€300 (incl. notary) | None (ongoing) |
| Business name (France SARL/SAS) | France only | €37.45 (Guichet unique) | None |
| Business name (Netherlands BV) | Netherlands only | €50 (KVK) + notary | None |
| National trademark (1 class) | 1 EU country | €101–€290 | Every 10 years |
| EU trademark (1 class) | All 27 EU countries | €850 | Every 10 years |
The Right Order: Domain → Business Name → Trademark
Step 1: Check and Secure the Domain (Day 1)
Before you tell anyone your company name, check and register your preferred domain. This takes ten minutes and costs less than €15. Check the .com, .eu, and your target country's ccTLD (.de, .fr, .nl, .es, .it). If all three are available, register them immediately — domain cybersquatting is real, and a competitor monitoring trademark databases can snap up your domain the moment you file publicly.
Use tools like domainr.com or your preferred registrar's bulk search to check multiple extensions simultaneously.
Step 2: Check Business Name Availability in the Target Country
Search the national commercial register for your target country. This is free in Germany, France, and the Netherlands; Spain requires a formal certificate application. Do not file yet — just confirm availability and make note of competing names.
Also search BRIS (e-justice.europa.eu) for cross-EU coverage and TMview (tmview.eu) for existing trademarks that could conflict.
Step 3: Secure the Business Name via Formal Registration
If you need to incorporate to operate (open a bank account, sign contracts in the company name, hire employees), file your company registration. In most EU countries this also publicly indexes your company name, which reduces — but does not eliminate — the risk of someone registering the same name in another country or in a different sector.
Step 4: File an EU Trademark (or National Trademark)
This is the step most founders skip and later regret. Filing a trademark before or shortly after incorporation is the only way to secure brand-exclusive rights across the EU. Choose your Nice classes carefully based on your current and planned activities, and remember that the filing date establishes your priority — even if registration takes 6–12 months.
What Happens When You Skip a Step
Skip the domain check, register the company first: A squatter registers yourcompanyname.com the same day your Handelsregister entry goes public. You can pursue UDRP proceedings but it takes months and costs €1,500–€3,000+.
Skip the trademark search, register the company first: Three months later, a letter arrives from a law firm representing an earlier EU trademark holder in your sector. You face either rebranding (expensive) or a licensing agreement (ongoing cost) or litigation.
Skip the trademark registration, build the brand: A competitor operating in a different EU market sees your growing brand and files an EU trademark in your core classes. You receive an opposition notice. You are now in EUIPO proceedings or looking at a name change.
Practical Decision Guide
- Just testing an idea, pre-revenue? Register the domain now. Nothing else yet.
- Launching a brand with plans to operate in 1–2 EU countries? Domain + national business name + national trademark in your primary market.
- Launching a brand with EU-wide ambitions or significant marketing investment? Domain + business name + EU trademark (EUIPO) from the start.
- Already operating but haven't filed a trademark? File now. Every month of delay increases the risk that someone else files first.
Start by checking whether your name is already taken. Use EU Biz Tools' free business name checker to scan national EU registries before you register your domain or file your company.