Trademarks
Trademarks are encountered every day and everywhere in everyday life. We also see that trademarks are becoming an increasingly important economic importance. A strong and well-known trademark maintains loyalty. But how is a trademark registered? What are the requirements of a trademark? And how do you keep your trademark strong?
Trademark law
Trademark law deals with protection of ‘distinctive signs’ for specific goods and services. In addition to a word or logo, a trademark can be a shape, colour, sound position on a product or even a moving sign.
A trademark serves as an origin function. The consumer or end user knows the identity of origin through the mark on the commodity. This allows the consumer to distinguish the specific product from the products of other vendors. As a result, after a positive or negative experience, the consumer can base its choice for a subsequent purchase on its experience. This therefore entails that by providing quality product, the trademark can provide an experience or status around the trademark to build loyalty. Also, this entail that the trademark eventually can represent an independent value.
Creation of a trademark
A trademark right arises after its registration at the competent trademark office. A trademark can be national, European or internationally registered. To register a trademark in the Netherlands, it has to be done through the Benelux trademark office. This also means that after a registration at the Benelux office, your trademark is protected in Belgium, the Netherlands and in Luxembourg.
Requirements of a trademark
To register a mark as a trademark, the mark must be distinctive. This means that the mark must not describe the goods and/or services for which it is applied for. This is because it is undesirable for one party to have a monopoly on a word that describes a good or service and be able to prohibit everyone else from using the word.
In addition, the mark must be clearly represented in the application. For a word, this won’t be problematic. In the case of a logo, position mark or colour mark, it be clearly stated what the mark looks likes.
Maintaining a strong trademark
After your mark is registered, you can restrain others from using the same or similar mark for the same goods and/or services. This also means that you can stop other from registering the same or similar marks as a trademark for the same goods and/or services. Here, it is important to monitor your trademark. If you do not monitor trademark applications, and many similar marks are registered, it means that the scope of protection of your trademark decreases.
Importance of a trademark registration
A trademark registration allows you to prohibit others from using the same mark or similar mark. You can also add (economic) value to your trademark. If you have a well-known trademark, you can license it out. With a license, you give another party the right to offers products under your trademark, often for a fee. So with this, too, you can reap economic benefits with your trademark.
Wat can we do for you?
- Guide and apply for the trademark application
- Research the availability of a mark for a trademark application
- Monitor your trademark
- Take action against trademark infringements.
- Advice on trademark rights in more than 80 countries.
More information?
Do you have any question in response to this? Or do you have questions about trademark law? If so, please feel free to contact Mustafa Kahya (kahya@bg.legal).
Here you can find the Turkish version.
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