TRADEMARKS & REGISTRATION

How does trademark registration work?

 

As soon as a sign has all the characteristics of a valid trademark, you can apply for ittrademark registrationSubmit. Successful trademark registration confers on the proprietor theexclusive property righton the registered trademark. You obtain this exclusive right, in contrast tocopyright, not automatically by the mere use of the mark.

 

Registration in ittrademark registeris therefore necessary if you want to keep your trademark protected.

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How do I apply for trademark rights?

 

You can submit an application for trademark registration to: 

• theBenelux Office for Intellectual Property

• theEuropean Union Intellectual Property Office 

• if itInternational Intellectual Property Office(World Intellectual Property Organization).

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Where is a registered trademark protected? 

 

Ainternational brandis, as the word itself suggests, internationally protected. If, on the other hand, the trademark registration for theofficial body of Beneluxis completed, the trademark will only be filed in the Benelux trademark register. In that case, this trademark will only receive protection in the Benelux countries.

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Application Benelux trademark

 

You can apply for trademark registration at theBenelux Office for Intellectual Property(BOIP).

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Application for EU trade mark

 

As the name suggests, an EU trademark is protected in all countries of the European Union. This can therefore be useful for companies operating in different Member States. The registration of an EU trademark must be applied for at theEuropean Union Intellectual Property Office. It will then be examined simultaneously for all EU member states whether your trademark meets all legal requirements and can therefore be registered validly.

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International trademark registration

 

International brands enjoy, as the name suggests,international protection. Application for international registration must be made through the national office where a basic application or basic registration has been submitted. The original national office then forwards the international application to the World Intellectual Property Organization in Geneva.

 

To register the trademark internationally, denotesthe proprietor of the markindicate in his application the countries in which he wishes to obtain protection of this trademark. Subsequently, the trademark applications are filed in thecountries involvedassessed according to national trademark law, and the trademark owner in fact obtains a bundle of national trademarks in the countries concerned through an international registration. So, at least in terms of protection, no distinction is made between a trademark that is protected in a particular country on the basis of an international registration and a trademark that was directly filed in that country via a national trademark application.

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Priority right

 

When applying for a Benelux trademark, you can rely on itright of priority. This priority right is awarded to the first applicant for a particular trademark. If during 6 months after your initial application for a trademark (such as a Benelux trademark) you will have the same trademark registered in another non-Benelux country, the registration in that other country will belinked to the date of your initial Benelux trademark application.

 

This right of priority only applies in countries thatare affiliated with certain treaties.

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Products and services under the brand

 

When you register a trademark, you must register theproducts and servicesindicate what you will use the trademark for. This exercise isclassificationcalled. Theprotection of a registered signtherefore only applies to the selected products and/or services. 

 

Pay attention:the legislation does not provide the possibility to add additional products or services to the trademark after registration of your trademark. When you indicate the goods or services for which you use the mark, this ischoice once and definitively. What is allowed is limiting the classification. If the products and services with which you want to connect the trademark are unclear or not accurately described, trademark offices will refuse registration! 

 

The classification is therefore best prepared thoroughly in advance so that you canscope of protection of your trademarkcan estimate well. 

 

mr. Franklin is happy to provide you with legal assistance if you have any doubts about the validity of your (possible) trademark or brand name. Ourexpertiseand experience increase your chances of a successful trademark registration. 

 

Learn more about our lawyers whospecialize in trademark law.

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Requirements for registering a trademark

 

Distinctiveness

 

Amarkor abrand namemust be able to ensure that the consumer can receive the products or services from a particular companyto separateof the similar products on the market. Your brand must be distinctive enough that the public can associate it with your company's products or services.

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Clear display

 

A brand mustaccurateandclearlycan be displayed. With a figurative mark, a word mark or a mark that consists exclusively of the shape of a product or the packaging (such as the well-known Coca-Cola bottles), this will be more obvious than, for example, with a mark that contains sounds._cc781905-5cde -3194-bb3b-136bad5cf58d_

 

For more information about different types of brands and associated complications, please refer to this article by Mr. Franklin.

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Availability

 

You can only register a trademark if that trademark is available. mr. Franklin can check for you if that is the case. This is called 'novelty search'. This checks whether or not the sign you have chosen has been taken over by another trademark holder. This research is necessary to verify the availability of your chosen brand.

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Admissibility

 

A brand must toopermissibleare. From a legal point of view, this means that the sign used by your company may not be contrary to public order or good morals. For example, you cannot register a brand name that contains racist expressions.

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​Brand monitoring

 

After your trademark has been registered, it remains important to protect your trademark rightsto guard.

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Brand follow-up by Mr. Franklin

 

Through oursubscription formulayou can have us monitor every relevant trademark register once your trademark has been registered. If a new trademark is requested that is similar to your trademark, you will receive a message from us with abrief analysis and advice. You can then make an informed choice whether or not to act.