LAWYER
TRADEMARK LAW
What can a trademark lawyer do for you?
As an entrepreneur you build your entire career on your good name and fame. This usually requires a lot of commercial and financial effort. To prevent someone from just piggybacking on your name, it is important to properly protect your brand. It is best to hire a lawyer for thistrademark lawat hand.
Why Mr. Franklin?
mr. Franklin is a law firm specializing in intellectual property. We have extensive experience in conducting all kinds of trademark infringement proceedings (injunction proceedings, opposition and nullity proceedings, seizure of counterfeiting, etc.). Where possible, we always try to negotiate an amicable solution.
​
Also helping Mr. Franklin will gladly assist you in registering your trademark. We also ensure transparency and clarity about your file and our rates. We try to make the legal explanation as readable as possible and always keep our communication to the point. More than 250 companies preceded you:read more about their experiences hereregarding our services.
Brand as you protect intellectual property
A brand is a form of intellectual property. Brand protection is obtained by using itregister. In this way, as a trademark owner you can obtain exclusive intellectual property rights to this trademark.
However, not every sign is eligible for trademark registration. A trademark (sign) must meet certain conditions in order for it to be declared valid and therefore to be registered. Although these terms and conditions apply to all types of brands, there are someany type of brandspecific complications that you have to take into account during the preparation of the trademark registration. Atrademark lawyercan guide you.
​
​
Trademark registration
You can choose to apply for a Benelux trademark (you can do this at the Benelux Office for Intellectual Property or Benelux Office for Intellectual Property) or to have your trademark listed in the European trademark register. mr. Franklin is happy to help you with the registration of both EU trademarks and theEUIPO, as Benelux trademarks at theBOIPand international brands at theWorld Intellectual Property Organization.
​
Once the registration has been successful, the trademark remains valid for ten years. In addition, a registered trademark is renewable indefinitely.
​
Thepreparationof your trademark to be able to successfully file it can take a lot of time and effort if you don't work efficiently. There are several cumulative conditions that must be met before the trademark will be included in the register.
​
​
Classification investigation
Classificationis the designation of the products and services for which you will use the mark. The protection of the brand therefore only applies to the chosen products and/or services. If the products and services with which you want to connect the brand are unclear or not accurately described, the registration will be refused.
​
Please note: the legislation does not offer the possibility to add additional products or services to the trademark after registration of your trademark. So your choice isonce and definitively. The classification is therefore best prepared thoroughly in advance so that you canscope of protectionof your brand.
​
​
Investigate absolute grounds​
Trademark law provides for a number of cases in which the registration of a trademarkin rejected in any casewill be. A trademark lawyer will check whether the trademark you have chosen is legally sufficient to obtain protection.
​
We briefly explain the most problematic absolute grounds for refusal:
​
Lack of distinctive character
A brand mustdistinctivenessto have. This means that the public can see the products or services traded under your brandto separateof the similar products on the market.
This means, among other things, that a brand has nopurely descriptive charactermay have. This means that brands cannot simply describe the products or services associated with them. If a trademark has a purely descriptive character, it will not be able to enjoy trademark protection.
​
mr. Franklin is happy to provide you with legal assistance if you have doubts about the validity of your (possible) trademark. Ourexpertiseand experience significantly increase your chances of a successful trademark registration.
​
​
Impermissible brand
A brand mustpermissibleare. There is an impermissible trademark if it could be contrary to public order or morality. Consider, for example, certain flags, weapons and emblems with a negative history or undesirable use. Misleading signs are also not allowed.
​
​
Availability of the mark(mark)
You can only register a trademark as this trademarkavailableis. mr. Franklin can check for you whether this is the case by using anovelty searchto be carried out. We check whether or not the trademark you have chosen has been taken over by another trademark holder.
​
​
Monitoring trademark after registration
After your trademark has been registered, it can be usedprotectionbenefits offered by trademark law. Lawyers can play an important role in this. After all, it is important to youactively monitor trademark rightsby every possibledetect trademark infringement in time.
​
Via thesubscription formula of Mr. Franklinyou can have us monitor every relevant trademark register once your trademark has been registered. If a new trademark is requested that is similar or identical to your trademark, we will send you a message with a short analysis. As lawyers, we advise you in this legal matter. After that you canmake an informed choiceto act or not.
​
Defense of the trademark in case of infringement
​
You canact as trademark holderagainst any third party using a word or other sign that infringes your trademark.
​
Incase youitself sued for an alleged trademark infringementit is also best to consult a trademark lawyer.
CONTACTEER ONS!
THEY ALSO APPLIED TO MR. FRANKLIN
mr. Franklin provides us with excellent support in the field of legal IT assistance, GDPR, property law and financial disputes. Drive, speed, passion for the profession, correctness are just a few keywords that Mr. Franklin & their team type.
Xavier Goegebeur / Link Optimizer
mr. Franklin always provides quality work for a clear price.
Alain Carels / Carbofisc