Almost anything can make up a trademark. Trademark protection is very often sought for logos, (trade) names and slogans of product lines or services. However, this is less obvious for other signs, such as shapes, clips, colors, or scents. The general rule is that it must be a sign that distinguishes your goods or services from those of other companies. If a consumer can recognize the origin of the product or service based on the sign, trademark protection is possible.
For example, certain soft drink bottles are protected as shape marks, commencement serials have acquired trademark protection, and certain clothing brands have trademark protection for their patterns or the use of a color in a particular place.
Trademark protection allows the owner to prohibit third parties from using an identical or similar sign in the region were the registration is granted. This protection can be invoked if consumers may be confused about the origin of products or services. This is most common when a competitor uses the sign for identical or similar products or servicesto those offered under the trademark.
In addition, trademark protection can also be invoked when the use of the sign takes unfair advantage of - or is detrimental to - the reputation of the mark. Well-known trademarks will be able to invoke this protection more easily since they are better recognized by consumers.
How to obtain trademark protection always depends on the region or countrywhere such trademark protection is sought. In the Benelux, trademark protection follows the first-to-file principle. This means that the first to file the trademark application will, in principle, be able to claim protection against third parties using identical or similar signs.
In the trademark application, you will need to specify the goods and services for which trademark protection is sought. The goods and services are divided in several classes and surcharges apply when selecting multiple classes. The trademark owner must use his trademark within five years following its registration. Consequently, it is a matter of being both realistic and ambitious in choosing your goods or services. This way, you avoid having to keep taking additional registrations or paying for protection of goods or services you do not offer.
In the Benelux, trademark registrations are applied for at the Benelux Office for Intellectual Property (BOIP). For Europe, the competent authority is the European Intellectual Property Office (EUIPO). Below, you can already find an overview of the applicable taxes of these authorities:
We help you obtain trademark protection for your most relevant signs in the right regions based on a tailored strategy. We will guide you through the entire application process, handling potential office actions of the trademark authorities or oppositions of third parties. In addition, we can investigate whether you can register a particular sign as atrademark in the targeted area, looking at the trademarks registered or signs used by third parties and competitors.
Once registered, we’ll assist you in commercializing your trademark rights and enforcing trademark infringements. We have developed tools to monitor the use of your trademark online and help clients enforce their trademarks on a daily basis.
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