Who is entitled to a trade name in a dispute over prior use?

The right to a trade name arises from its initial public use. But what happens if this use stops temporarily, or if another party registers a very similar name or domain name in the meantime? A ruling by the Brussels Court of Appeal dated June 30, 2025 clarifies the strict conditions for retaining a trade name and the rules surrounding domain name disputes.

The facts

In this dispute, two actors from the job placement sector faced each other: the NV Jobfixers and the company behind the designation “Jobfixing”.

NV Jobfixers invoked the previous use of the trade name “Jobfixers” by a student, who had developed an application for student jobs in the fall of 2015. This student made public use of the name through job postings and social media. However, after completing his thesis in January 2016, the student ceased all trading activities under this name.

The counterparty, “Jobfixing,” started its activities in the spring of 2017 and registered the domain name ‘jobfixing.be’ in February 2017. Only in May 2017 was the NV Jobfixers established, after which in October 2017 this company changed its name to “JobFIXers” and tried to take over the student's old, alleged rights in order to act against “Jobfixing”.

The decision

The court rejected NV Jobfixers' claims in full. The court held that the right to a trade name is irrevocably lost when it is no longer used. Indeed, maintaining protection requires that the trade name be used publicly, visibly and continuously. Since the student had not made public use of the name “Jobfixers” after January 2016, his rights had lapsed. Therefore, the subsequent transfer of these ‘rights’ to NV Jobfixers had no legal value.

In addition, the court rejected the claim regarding the domain name . According to Article XII.22 of the Code of Economic Law (CEL) it is forbidden to register a domain name with the intention of harming a third party or taking an unjustified advantage of it. Since the “Jobfixing” company had registered its domain name even before Jobfixers NV was established in the first place, there could not possibly have been bad faith or an intention to profit from Jobfixers NV's later name recognition. Consequently, the claim to transfer the domain name was unfounded.

Legal analysis and interpretation

This ruling aptly illustrates the interplay between trade name protection under Article 8 of the Paris Union Convention and the general provisions on fair market practices (Article VI.104 CEL).

An important point of attention for legal practice is the interpretation of the concept of ‘use. The court confirms the strict line that a trade name must actually continue to perform its distinctive and advertising function in the marketplace. A long period of non-visible use results in the definitive expiration of the right.

In addition, the court addressed the distinctiveness of descriptive names. Although terms such as “job” and “fixers” are banal and merely descriptive, this does not prevent them from giving rise to a trade name right, as long as the relevant public perceives the term as a name. However, the distinctiveness of such a banal trade name is by definition very weak, which significantly limits the scope of protection.

What this specifically means

For entrepreneurs, investors and acquirers, this ruling has important strategic implications:

• Vigilance in acquisitions: The mere contractual transfer of intellectual property rights in a trademark or trade name does not provide a guarantee. In practice, if the transferor was no longer actively and publicly using the name in the period prior to the transfer, you are acquiring an illusion. Due diligence should focus on the actual, current usage in the market.
• Protect your name by using it: The right to a trade name is a right of use. You must use the name continuously, publicly and visibly to maintain your monopoly on it.

FAG : Frequently Asked Questions

How does a company acquire the right to a trade name?
The right to a trade name arises automatically from its first public use in commerce. It is noteworthy that according to this ruling, even activities limited in scope, such as a student project started and not registered in the Crossroads Bank for Enterprises, can be sufficient to give rise to this right, provided there is visible use.

Can a company lose the right to a trade name again?
Yes, the right to trade name protection is lost when the name is no longer used. The right expires with a long period of inactivity, as case law requires that the name be used publicly, visibly and continuously.

When is wrongful domain name registration (domain name hijacking)?
To successfully take action against domain name hijacking, you must prove that the registered domain name is confusingly similar to your rights, as well as that the holder registered it without a legitimate interest, with the specific purpose of harming you or taking an unwarranted advantage of it.

Conclusion

The right to a trade name and a domain name is strongly fact-specific. The first public and continuous use is decisive, regardless of later contractual constructions or late trademark registrations. The cessation of commercial activities in Belgium can lead to the irrevocable loss of your name.