Key Benefits:
Law of 5 July 1921, laying down provisions on the trade name
We WILHELMINA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
Allen, who will see these or read hooren, salut! do n' t know:
We have taken the view that it is necessary to lay down legal provisions concerning the trade name;
So it is that we, the Council of State, and with the mean consults of the States-General, have found and understand, as We approve, and understand the following:
Under trade name, this law is the name of which an undertaking is being driven.
The trade name is transferred to succession and is subject to transfer, but only in liaison with the company, which is driven by that name.
1 It is the owner of an undertaking prohibited to conduct a trade name, indicating contrary to the truth that the undertaking, in whole or in part, would belong to another person.
2 The first paragraph shall also apply where the name given in the trade name differs only to a limited extent from the name of the other, and consequently to the public to cause confusion with the owner of the undertaking.
3 The first paragraph shall not apply if the trade name and the company come from someone who has held that name does not conflict with this law.
1 It is prohibited to conduct a trade name, indicating contrary to the truth, that the undertaking would belong to one or more persons acting as a company under a firm, as a company and a company, or a shipping company, or a limited liability company, a private company with limited liability, a mutual guarantee company, a cooperative, an association, or a foundation.
2 In the trade name, mention of more than one person, even if their names are not mentioned, indicate that the undertaking belongs to persons, acting as a company under a firm; the words 'and company', that the company is Belongs to persons, acting as a company under a firm or to one or more persons, acting as a company and command ; the word 'company', which belongs to a public limited company, to a private limited liability company or to an association, and the word "fund" to a foundation; everything as far as not from the trade name; proves to the contrary.
3 The first paragraph shall not apply if the trade name is conducted by a single person without a member, and that name and the undertaking come from a company under a firm or by a company and commandite, who has been running that trade name not in violation of this law.
It is prohibited to conduct a trade name which, before the undertaking was driven under that name, has already been lawfully pursued by another, or which deviates from its trade name only to a limited extent, to the extent to which, as a consequence, The nature of the two companies and the place where they are established is, in the interest of the public, to be confused between those undertakings.
It shall be prohibited to use a trade name, which shall contain the trade mark, to which another person has the right to distinguish his trade or trade, or to an indication, which differs from such trade mark only to a minor degree, in so far as it does not apply to the trade mark. the public confusion about the origin of the goods is to be found.
It is prohibited to conduct a trade name, giving an incorrect impression of the undertaking driven by that name, to the extent that it is thus misleading to the public.
1 If a trade name is conducted in violation of this law, any person concerned may, without prejudice to his or her claim under Title 3 of Book 6 of the Civil Code If, by application to the court of justice, it is to be ordered that the person making the prohibited trade name be ordered to make such a change in such a manner as to bring about the removal of the alleged illegality, the decision to be taken by the court of justice shall be taken in such a way that it is to be
2 The petition is addressed to the court of the arrondissement in which the company is established, which is driven under the prohibited trade name. If the undertaking is situated outside the realm of Europe, but has a branch or branch in that realm, or is represented there by an agent of commercial agent, the district court of the district in which that branch or branch is situated shall be situated in that realm. Branch office or commercial agent is responsible. If, under the preceding provisions, no court has jurisdiction, the court of the district in which the place of residence of the claimants is situated shall be jurisdiction. If the undertaking is established in more than one district, the court shall be responsible for the court of each of these districts, at the choice of the applicant. The same applies where the undertaking is located outside the European Union but has a branch or branch in more than one district or is represented by an authorised commercial agent. The petition is being handled by the cantonal judge.
3 The application shall be notified to the other party. The cantonal judge shall not have the application after the hearing or due notice of the parties.
4 The Registrar shall send a copy of the decision of the District Court to the parties. Within one month of the date of dispatch of that copy, the Court of Justice, which has been unsuccessful in whole or in part, may appeal to the Court of Justice, which shall decide in a hearing room. The third paragraph shall apply mutatis mutandis.
5 The Registrar shall send a copy of the decision of the [ text correction: 'the' it must be 'the'] court of parties. An appeal may be lodged within one month of the date of dispatch of the copy of that copy, which shall be unsuccessful in whole or in part. The application shall be notified to the other party.
6 The court may order the provisional application of his decision.
1 The request referred to in the first paragraph of the previous article may also be made by the Chamber of Commerce.
2 The Chamber of Commerce, within whose jurisdiction is the following Article 6, second paragraph The competent court shall be responsible for making the request.
3 The application shall be sent by the Registrar to the owner of the undertaking, any change to the trade name being sought, and, where appropriate, to other interested parties. The cantonal judge shall decide not after the hearing or due notice of the persons to whom the application has been sent.
4 The fourth, fifth and sixth paragraphs of the previous Article shall apply mutatis mutandis.
The provision judge may, on the claim of the claimant, pursue temporary continuation of the alleged struggle with the Articles 5 or 5a permit payment of the damages suffered by the claimant under the condition that the defendant is of the opinion.
1 If a trade name is conducted in violation of the Articles 5 or 5a , the court may, in appropriate cases, determine damages as a lump sum.
2 The judge may order for the person who conducts the trade name to pay for the costs of the person who has acted contrary to the Articles 3 to 5b appropriate measures shall be taken to disseminate information on the Award.
1 He who conducts a trade name in violation of this law shall be punished by a fine of the second category.
2 The fact is considered to be a violation.
3 If, during the time of the offence, no two years have elapsed since an earlier conviction of the guilty plea has become irretrievable, imprisonment of a maximum of 14 days or a fine of the Second category is imposed. A former conviction means a previous conviction by a criminal court in another Member State of the European Union for similar offences.
4 The official of the public prosecutor ' s office may, before going to prosecute the offence, communicate the amendment, which the official is required to prevent the official from entering the trade name. It shall set a competent time limit for the amendment to be made. If that amendment is made within the prescribed period, the right to criminal proceedings shall be void.
This law may be cited under the heading 'Commercial Code Act'.
1 This Act shall enter into force on a time to be determined by Us.
2 If, upon entry into force of this law, a trade name is conducted in violation of that law, no appeal may be used for four months after that date.
3 When the expression "does not conflict with this law" at the end of Articles 3 and 4 It means that the conduct of a trade name before it enters into force of the law means that it does not conflict with this law if it had been in force during the conduct of the trade name.
Burdens and orders, which are in the State Sheet will be placed, and that all of the Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Given at Paleize the Loo, den 5den July 1921
WILHELMINA.
The Minister of Justice,
OHEMSO.
The Minister for Agriculture, Industry and Trade,
H. A. VAN IJSSELSTEINE.
Issued the eight-tenths of July 1921.The Minister of Justice,
OHEMSO.
