Business Name Registration vs Trademark Protection: Two Different Things
When you register a company in the EU, you file with a national commercial register. Germany uses the Handelsregister, France the Registre du Commerce et des Sociétés, the Netherlands the KVK Handelsregister. These registries confirm your legal existence as a business entity and provide a name that other companies in that jurisdiction cannot identically replicate. That is where the protection ends.
A trademark is a separate right administered by EUIPO (for EU-wide coverage) or national intellectual property offices (for country-specific protection). It covers your sign — your name, logo, slogan — in relation to specific categories of goods or services. A trademark can coexist with a different company of the same name as long as they operate in clearly distinct sectors; it can also block you from using a company name in commerce even if the commercial register accepted your registration. The two systems do not talk to each other automatically.
How to Search EUIPO: Step-by-Step
EUIPO's free trademark database is called eSearch plus and is accessible at euipo.europa.eu/eSearch.
- Go to eSearch plus and select "Trade marks" from the search type dropdown.
- Enter your proposed name in the "Trade mark name" field. Start with an exact search, then repeat with "Contains" to catch marks that include your term as part of a longer phrase.
- Filter by status — set the status to "Registered" and "Under examination" to see all live and pending marks. Expired or withdrawn marks are generally not a risk unless they were recently abandoned.
- Filter by Nice class — if you know your industry's Nice classification, filter by class to narrow results. Class 35 covers business services, Class 42 covers software and tech services, Class 36 covers financial services. A conflict only exists if the goods/services overlap.
- Review the results — for each result, click through to see the full goods and services description, the owner's territory, and the filing date. A trademark filed before your company name registration is a priority right.
- Check TMview — after EUIPO, run the same search on tmview.eu, which aggregates EUIPO data with national trademark registers from all 27 EU member states and many non-EU countries. This catches national marks that predate a potential EUIPO filing.
National Trademark Offices in Key EU Countries
If your business will primarily operate in one country, national trademark registration may be sufficient and cheaper than an EU trademark.
| Country | Office | URL | Filing Fee (1 class) |
|---|---|---|---|
| Germany | DPMA (Deutsches Patent- und Markenamt) | dpma.de | €290 |
| France | INPI (Institut National de la Propriété Industrielle) | inpi.fr | €190 |
| Netherlands | BOIP (Benelux Office for IP) | boip.int | €240 (covers BE/NL/LU) |
| Spain | OEPM (Oficina Española de Patentes y Marcas) | oepm.es | €145 |
| Italy | UIBM (Ufficio Italiano Brevetti e Marchi) | uibm.gov.it | €101 |
A national trademark gives you protection only in that country. If you plan to sell in multiple EU markets, an EU trademark (EUIPO) is almost always more cost-effective than filing separately in several countries.
What a Trademark Search Result Means
A search result does not automatically mean you cannot use your name. Trademark conflicts depend on three factors:
Similarity of signs. Are the names identical, phonetically similar, or visually similar? "Velaro" and "Velaro Digital" may conflict; "Velaro" and "Velario" may also conflict even though they differ by one letter.
Similarity of goods and services. A trademark for "Velaro" covering luxury watches does not block you from using "Velaro" for accounting software. The more overlapping the categories, the higher the infringement risk.
Reputation of the earlier mark. Well-known trademarks ("marks with a reputation" in EU law) can be enforced even outside their registered classes if use of your sign would take unfair advantage of, or be detrimental to, the mark's distinctive character.
If your search returns a result with the same or similar name in the same or adjacent industry, treat this as a red flag requiring legal advice before proceeding.
Cost to File an EU Trademark
| Action | Cost |
|---|---|
| EUIPO application — 1 class | €850 |
| EUIPO application — 2 classes | €900 |
| EUIPO application — 3 classes | €1,050 |
| 10-year renewal (1 class) | €850 |
| Opposition filing | €320 |
These are official fees only. Add legal/agent fees on top if you are not filing yourself.
When to Get Legal Advice
A DIY trademark search is a sensible first filter, but professional advice is warranted in these situations:
- Your search returns a similar (not identical) mark in a related industry and you are unsure whether the overlap is material.
- You are building a brand that will expand across multiple EU countries or globally.
- Your planned name is descriptive or generic — these are harder to register and need professional assessment.
- You have received a cease-and-desist letter or opposition notice.
- You are acquiring a business and need to confirm it has clean trademark rights.
A trademark attorney can conduct a full clearance search, including unregistered rights, and provide a written opinion on the risk level — typically costing €500–€1,500 depending on scope.
Use EU Biz Tools' business name checker to instantly scan your proposed name against EU company registries and flag potential conflicts before you file anything.