With a trademark registration, a trademark owner acquires the exclusive right to use a trademark [word and/or logo] for certain products or services.
The trademark owner can assert the trademark right against anyone who uses the trademark or a sign very similar to the trademark. It should relate to the use of products or services for which the mark is registered. Therefore, much depends on a good description of the products and/or services for which a trademark is registered. This is where our knowledge and experience come into play. We know what's important in a legal dispute, as we also sue for trademark infringement. And this knowledge and experience is also useful during the registration of trademarks.
Where do you want protection?
You only have protection where you register the trademark.
Benelux
We have a single trademark registration system in the Benelux. With a registration, a trademark owner has protection in all countries of the Benelux. That is in Belgium, Luxembourg and the Netherlands.
European Union
We have a Community trademark within the European Union. EUIPO in Alicante [Spain] handles applications for the Community trademark. With a registration, the trademark owner has protection in all countries of the European Union. This means that if a word or logo is not a valid trademark in one of the European Union countries, the application will be rejected for the entire European Union. For example, if a word in one of the European Union countries describes the products/services. This makes it important to do an extensive trademark research.
International
Trademark registration for different countries can be done through a single agency [WIPO]. Countries such as the USA, China and the EU are members. The application is made to WIPO and then split into trademark applications for the countries selected in the application. For this reason, the choice of countries for which protection is requested depends on the countries where the trademark will be used.
Obligations of the trademark owner
A trademark must be normal used in commerce within five years of the registration. Therefore, a trademark can also be registered for a country where it can be used in the future. For a Community trademark, it must be used in at least three countries of the European Union within five years.
Why BG.legal?
We specialize in advising and litigation in intellectual property law, including trademark law. We are doing research on the usability of trademarks. We also register, manage and track trademarks. We also assist clients in objection and infringement lawsuits and draft contracts for the transfer of trademarks.
When applying for a trademark, we will prepare the application, search for the same word mark and send you the certificate of the trademark.
Costs
We work with fixed rates to keep costs as clear as possible. The costs depend on the number of fields and classes applied for in a trademark application.
More information?
For more information, please contact one of our IP specialists.
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