Trademark application in Europe

[Simon Barras]

Hello, I have recently registered as a ZZP with the KVK for a new business, and I would like to protect my trade name with a European trademark via EUIPO, I am given the option to register my trademark as a legal entity or a "natural person" - as I am registered as a ZZP I assume that I should register as a natural person, is anyone able to confirm/advise? 

 

Any help is much appreciated. 

14 mei 2024 aangepast door Simon Barras
misspelling

[Joost Rietveld]

Hi Simon, welcome to HL

 

ZZP is a natural person

[Simon Barras]

6 minutes ago, Joost Rietveld said:

Hi Simon, welcome to HL

 

ZZP is a natural person

Thank you very much for the quick response! 

[Gemeas Patents]

If you registered yourself as ZZP with the Chamber of Commerce (KvK), this type of registration is called an 'eenmanszaak' in Dutch. As the 'eenmanszaak' is not a separate legal entity in the Netherlands, before the EUIPO you indeed have to register your trade mark as a natural person.

[kuifje]

I (partly) don't agree with the previous responses.

 

Yes, you should (probably) register the trade mark as a natural person, but not because you have an 'eenmanszaak'/zzp.  That is completely unrelated.

 

If you did have a legal entity (which you don't, apparently) you would have a choice. The owner of the trade mark will be whomever you indicate when registering the trade mark (the legal entity, yourself, or your grandma if you want).

 

As long as the operating entity has permission from the owner (and this can be implicit permission), the operating entity can use the trade mark.

 

There is simply no relation between how you do your business and who is the owner of the trade mark.

[Simon Barras]

Thank you all for the useful responses! It is much appreciated! 

[bellatrix90]

As a ZZP, registering your trademark as a 'natural person' is usually the appropriate choice. For precise advice, consider consulting with a trademark professional.