Trademark right

Whilst doing business you are also creating your brand. Your products and services distinguish themselves from those of the competitors because they are connected with your trademark. Even when your products and services are functionally identical to those available on the market your trademark enables you to make yours stand out. The choice and protection of your trademark is therefore vital.

Why a trademark right?

Even if you have a well functioning trademark in use, without applying for a trademark right your trademark is not protected. Trademark right gives you the exclusive right on using your trademark for the products or services that you offer. Others are not allowed to use your trademark and therefore cannot profit from the efforts you made in having your trademark become big.

What can I protect?

Really any way in which you provide your products and services with distinctive characteristics can be protected as a trademark. This means that not just words but also logos (like the three-striped symbol of Adidas), color compositions (like the red and yellow of Shell), design (like the shape of a Coca Cola bottle), and sounds (for example tunes in commercials) can be considered for trademark protection.

A trademark right is something you always request for the products or services that you offer or will be offering. These products and services will be represented in carefully specified classes. Inaday takes care of this classification for you. We will, in consultation with you, come to the optimal description to guarantee optimal protection.

Where does a trademark right apply?

Usually we will advise you to have your trademark protected in the country where you are located and where your most important opportunities for marketing lie.

The registration of a trademark is dependent on in which countries you want to have your trademark protected, in which each register of trademarks employs its own registration procedure. You can, for example, think of registering at the Benelux trademark register, the European trademark register, or the international trademark register. In consultation with you we will draw up the optimal coverage of countries, including the corresponding procedure of registration.

For how long does a trademark right apply?

Trademark rights apply for certain periods of time. In most cases such right applies for 10 years. After every period of time the trademark right can be prolonged for a new period of time. We, of course, will inform you ahead of time when the period of your trademark right is ending. When doing this it is also important to see if the trademark right is still sufficiently up to date, for in 10 years a lot of things can change. Think, for example, of expanding or reducing your product range or restyling your corporate design.

Do you have any questions about trademark protection, or do you want to protect your trademark straightaway? Contact us.