Can you still use your own family name as a trade name after the transfer of your business?

When you transfer your trade business, as a rule the trade name is also transferred to safeguard the value of the clientele. This principle invariably applies, even when the trade name in question corresponds in whole or in part to your personal family name. You of course retain the basic right to use your family name afterwards for new, own activities, but you are legally obliged in this case to take the necessary measures to avoid confusion with your former company.

The facts

An insurance intermediary (Ms. R.) carried on her professional activities through a company bearing her own name.

In 2010, this company transferred its insurance portfolio to another party, Mr. D..

After this transfer, Ms. R. continued to work as a salaried employee with the acquirer for another five years or so.

From the time of acquisition, the acquirer operated under a trade name that combined Ms. R.'s family name with his own family name.

After holding other positions for several years, Ms. R. decided in 2022 to return to self-employment in the insurance business under her own family name.

In 2024, she initiated legal proceedings demanding that Mr. D. cease using her family name in his trade name and on documents to customers.

The decision

In a judgment dated Nov. 11, 2025, the Antwerp Court of Appeal upheld the ruling of the president of the enterprise court and rejected the original owner's cessation claim.

The appeals court ruled that the trade name is an inherent element of the business. Since the essence of a business is precisely the clientele, and the trade name is the means par excellence to attract and retain this clientele, the transfer of a business always implies the transfer of the trade name. This principle applies even if the acquisition agreement does not explicitly provide for the name.

The court held that the sale of the insurance portfolio consequently implied the acquisition of the trade name by the buyer. Thus, the transferee was perfectly entitled to continue using the name in commerce. It also follows that, in principle, the transferee may no longer use the transferred trade name after the sale.

Legal analysis and interpretation

In business law and intellectual property law, a special area of tension often arises when the trade name of an entity registered in the Crossroads Bank for Enterprises (CBE) coincides with the founder's family name. After all, everyone is legally entitled to use his or her family name as a trade name or corporate name. When this happens, the family name takes on an economic function and acquires a commercial value completely independent of the physical person.

The legal protection of a trade name in Belgium does not require mandatory registration or filing, but arises solely from its first public, visible and uninterrupted use, in accordance with Article 8 of the Paris Union Convention. This gives the first user the exclusive right to prohibit subsequent confusing uses within the geographical area where the name has radiance.

When a trade business is sold, the generic name as a component of the trade name can be freely transferred to the buyer. Yet this does not mean that the seller loses his identity. The right to a name remains a personality right that is intrinsically inalienable. In principle, the original trader retains the right to later resume entrepreneurial activities under his own family name.

However, the appeals court recalled that this right is not absolute in the context of fair market practices (Economic Law Code). Any trader who uses his family name after it has previously been transferred as a trade name bears a heavy duty of care. The entrepreneur who last establishes himself with a homonymous or very similar trade name must proactively take precautions to avoid a likelihood of confusion with the already existing business. Here, the likelihood of confusion is assessed objectively on the basis of visual, aural and conceptual similarity, the nature of activities and geographical scope.

What this specifically means

• For the seller (transferor): When you transfer your trade business, you sell the economic value of your accumulated name with it. If your trade name contains your own family name, you lose the right to still use this name to approach your former clientele. If you later start a new project under your own name, you are the one who is obliged to clearly distinguish yourself (for example, by adding a first name, using a distinctly different logo or choosing a different geographical focus) in order to avoid unfair competition and confusion.
• For the buyer (transferee): You are generally legally protected: the trade name follows the clientele. Nevertheless, it is highly recommended to always explicitly document the transfer of intellectual property, including domain names, logos and the specific trade name, in your acquisition agreement. This will help you avoid lengthy and costly strike claims with the former owner in the future.

Frequently asked questions (FAQ)

Does the trade name always belong to the business in a business acquisition?
Yes, in principle it does. Because clientele is the most important part of a trade business, and the trade name serves to attract this clientele, the name is tacitly transferred to the buyer, unless the acquisition agreement expressly provides otherwise.

Do I lose the right to my own family name if I sell my business with that name?
No. Your right to your family name is an inalienable personality right. You may reuse your name in the future for commercial purposes, but you are required to take sufficient measures so that the public does not confuse your new business with the commercial business you sold earlier.

Must a trade name be registered to be protected?
No, unlike a trademark, a trade name is protected merely by its first public, visible and uninterrupted use in commerce. Registration in the CBE (Crossroads Bank for Enterprises) is useful as an element of proof, but not an absolute requirement for protection.

Conclusion

Transferring a business implies that you also transfer the right to commercially exploit the trade name. This applies in full if the name of the enterprise is your own family name. Anyone who subsequently wants to restart as a self-employed person under his own name must act with caution and exclude any confusion with the transferred business.