Trademark and design

02 Mar 2022

What are Trademarks and designs?

Trademark and design law is part of intellectual property law. However, protection of trademarks and designs does not come about automatically. For this you have to take action. What you need to do exactly is explained below.

Trademarks

Trademark law is concerned with the protection of 'distinguishing marks' for services and goods. Distinctive signs come in all shapes and sizes. Such as logos and words, but also certain colour compositions or packaging. Companies are identified, as it were, by these signs.

Designs

Design law relates to the design of consumer goods. For example, the design of a piece of furniture that is recorded in a drawing or an illustration. When assessing the appearance of the object, the lines, colours, shapes, texture and ornamentation are tested, among other things.

Why registering?

Protection of trademarks and designs only comes about through their registration. Registration takes place at the relevant office. The procedure is quite simple. We can take care of the registration for you. BG.legal regularly registers trademarks and designs within the Benelux, Europe and internationally. We do not charge an hourly rate, but a fixed price. So that you know where you stand in advance.

View our fixed fees for registering trademarks and designs here.

By registering a trademark, companies can increase the added value of the trademark. After registration, the trademark is protected and action can be taken against infringements. The same applies to the registration of designs. Is a design new and does it have an individual character? Then registration is possible. After registration of the design the holder of the design has the exclusive right to use it, market it, sell it, etc.

Advertisement

Trademarks also play an important role in the field of advertising. One can think of advertisements on TV, but nowadays it is mainly about online forms of advertising. Such as advertising via Google Ads, affiliate marketing etc. In addition, trademarks and trade names are frequently used. Would you like to know more about advertising law and the rules that apply to the use of (other people's) trademarks? Click here.

Advice and procedures

Inventing trademarks and designs is often a costly process. As their use increases, they become known to an ever wider audience and their value increases. Subsequently, unpleasant situations may arise in which you are confronted with a sign used by another company that is very similar to your design. We will be pleased to help you with questions of advice and with taking action against infringements.