Trademarks
- Registering a Benelux trademark
- Searching in the register
- Applying for a search
- Applying for an annual subscription
- Lodging an opposition (objection)
- Applying for changes and renewals
- Registering outside the Benelux
- What is a trademark?
- Is my trademark still available?
- How do I register my trademark?
- How do I maintain the right to my trademark?
- I have a conflict, do I have to lodge an opposition?
- How do I register my trademark outside the Benelux territory?
- Do things yourself or get things done by others?
- What are the fees for trademark registration?
Getting advice
“If you want to do business involving a trademark on an international level, it makes sense to pay attention to cultural and language differences. There are numerous examples of businesses that have made marketing blunders. If you want to operate under your brand name at international level it would be wise to get some advice ."
Do things yourself or get things done by others?
Trademark law is a specialist field
Optimal protection of your trademarks involves all kinds of practical and legal issues. This applies right from the time of registration. You will have to establish which signs are suitable trademarks, which previous rights there are, how the associated risks should be assessed, for which goods and services the trademark is to be used, and how they must be described, on the one hand to ensure the broadest possible protection and, on the other hand, to prevent potential conflicts. These are all issues which are crucial for the successful protection of your trademarks.
The situation is even more complicated if you also want to protect your trademarks outside the Benelux territory. Various systems are available and each has its own advantages and disadvantages. It is not easy to choose the form of protection which best suits your specific circumstances. Additional complications can arise if, for example, you want to transfer (sell) your trademark to another party, igrant another party a licence or give your trademark in pledge to the bank. In such instances it is vital that all the proper legal arrangements are made.
Moreover, if you ever become involved in a conflict due to a party infringing your rights or because another party believes that you are infringing its rights, you may even have to take legal steps. You may be confronted with an opposition by the BOIP or with legal (court) proceedings. In the latter case, you will usually be obliged to engage the services of a lawyer or solicitor.
The protection of trademarks and other intellectual property rights is, in short, a specialist field. A lot of companies do not have access to the necessary specialist knowledge, and it is a good idea for them to seek assistance from an expert.