TRADEMARK LAW
What does trademark law mean
Trademark law is part of itintellectual property right. It's all about legislationthe origin and protection of trademarks. These are signs used to distinguish a company's products or services from those of other companies (such as a brand name, a logo, etc.).
Who is Mr. Franklin
mr. Franklin is a law firm with special expertise in trademark law. We offer a fast service in which a personal approach is central.
Why are brands important?
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As an entrepreneur you build your entire career on your good name and fame. Through your trade name or product name you identify yourself on the market, you distinguish yourself from your competitors and you bind customers to your company.
Because building yourcommercial name, logo, etc. requires a lot of commercial and financial effort, it is important to youlegally protect intellectual property. After all, you want to avoid someone else just piggybacking on your good name. Also on theenforcement of your intellectual property rightsmany advantages are associated.
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How can my name or logo be protected
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You obtain the most optimal protection of your trade name or logo by registering your brandRegister.
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What does trademark registration entail?
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By registering in the trademark register, you acquire a trademark right that is linked to the registered trademark. Iftrademark holderyou can prohibit third parties from using an identical or similar name or logo for the same or similar products and services.
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A trademark can be protected nationally/regional, at the level of theBenelux, theEuropean Unionor international.
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How long is trademark registration valid?
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After registration, a trademark is valid for ten years andunlimited renewable. In practice you canlifetimeprotect a registered trademark.
Which brands exist?
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The most common types of brands are the following:
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word mark​
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Aword markis a brand that only consists of flattextwithout any visual element. This can be a single word, a combination of words, etc.
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Logo
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Unlike the word mark, a figurative mark containsgraphic elements. This can be a logo, for example, but also words with visual elements or a special font.
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Shape mark / 3D mark
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Trademark registration can also be applied for for a mark that only consists of theshape of a productor theshape of the packagingof it. For example, consider the shape of theCoca Cola bottles. Trademark law prescribes a number of restrictions in this regard.
Position mark
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Position marks are marks that consist of the specific way in which the mark is placed on the productplaced or installed. For example, the placement of a graphic sign on the side of a sports shoe.
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Pattern brand
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A brand consisting of only oneset of ingredientsthat repeat themselves regularly can also be protected by trademark law.
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Color mark
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Trademark registration of a trade marka colouror acolor combinationexists is also possible.​
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How do you obtain a trademark right?
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Registering a trademark entails certain legal issues. We informthis articlesome practical matters.
Registration of your trademark
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mr. Franklin is happy to help you with the registration of both EU trademarks and theEUIPO, as Benelux trademarks at theBOIP. We proceed as follows:
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Brand research
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Not every symbol is eligible for trademark registration. The sign must be adistinctivenessso that you can register it. This means that the sign must be able to distinguish the products or services from your company from those of your competitors. The consumer must be able to understand your brand as suchrecognize.
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For example, an important rule in trademark law is that your trademark cannot simply describe what you are selling. If this is the case, your trademark application will be refused.
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Investigate absolute grounds
There are a number of so-called absolute grounds for refusing to register a trademark. Trademarks that do not pass this test cannot obtain protection.
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We check whether the sign you have proposed is onabsolute groundslegally sufficient to obtain trademark protection.
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Classification​
Furthermore, a trademark must be linked to a description of goods or services that you want to market with your trademark. The protection of a registered sign therefore only applies to the chosen products and/or services.
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This exercise is also called theclassificationcalled. mr. Franklin specializes in creating custom classifications.
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The legislation also offers no possibility to add extra goods or services to the trademark after registration of your trademark. The choice you make before filing the trademark is therefore final. Classification is therefore best prepared thoroughly in advance so that you canscope of protectionof your brand.
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Novelty search
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Finally, we introduce anovelty searchfrom. This is necessary to check the availability of your chosen brand.
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We screen the trademark register for similar trademarks that have already been registered. An identical or similar trademark can cause potential discussions. We make this onerisk analysisso that you can make an informed decision whether to proceed with the registration.
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If you opt for a rebranding to avoid any discussions, you can also count on our legal assistance.
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Execution of the deposit
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​After our thorough trademark search, we submit the trademark application with your permission and follow theapplication procedureclosely until your trademark is registered.​
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OVERVIEW OF FEES AND TAXES
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Fees for ittrademark search and the execution of the filing(excl. VAT):
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For a Benelux trademark:
o Brand search: from 500 euro
o Brand deposit: 150 euros
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For an EU trade mark: _cc781905-5cde-5cde-3194-bb3b-3194-3194
o Brand search: from 900 euros
o Brand deposit: 150 euros
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for a international trademark filingt: custom quote
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Registration fee(free from BTW):
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For a Benelux brand: _cc781905-5cde-5cde-3194-bb3-3194-bad3
o 244 euros for one class
o + 27 euros for the second class
o + 81 euros per extra class
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For an EU trade mark: _cc781905-5cde-5cde-3194-bb3b-3194-3194
o 850 euros for one class
o + 50 euros for the second class
o + 150 euros per extra class
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For a_cc781905-5cde-f5d6-bb5cinternational trademark registration: taxes depending on the selected countries
Brand monitoring subscription formulas
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Benelux: 150 euros (excl. VAT) per year
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EU: 250 euros (excl. VAT) per year
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International: tailor-made offer
Brand Watch
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After your trademark has been registered, it remains important to monitor your trademark rights.
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Brand follow-up by Mr. Franklin
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Via our subscription formula you can have us monitor every relevant trademark register once your trademark has been registered.
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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.
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Defense of your brand
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Have you established an infringement of your trademark? Or are you being held liable for an alleged trademark infringement? mr. Franklin provides legal assistance on this and all other typesintellectual property procedures(injunction proceedings, opposition and nullity proceedings, attachment regardingfake, etc.). Whenever possible, Mr. Franklin becoming oneamicable solutionto negotiate.
THEY ALSO APPLIED TO MR. FRANKLIN
mr. Franklin is the ideal legal point of contact for us, as a software company. We have been perfectly assisted several times with contractual and GDPR-related challenges. Their no-nonsense approach and communication makes me Mr. Franklin warmly recommend.
Alex Vandevelde / Quanta Corp
mr. Franklin always provides quality work for a clear price.
Alain Carels / Carbofisc