You are not protected without a trademark right

As an entrepreneur you invest in your brand and product or service. Over the years you create a value for your name. You want to keep it that way, which is why it is important to protect your brand name. Your products and services stand out from the competition because they are associated with your brand. You can also protect your logo, the shape of your product or a distinctive color with a trademark right. By legally recording your brand name, you retain the exclusivity of your brand. For the rates of such protection in the EU or the Benelux, see our rates page.

What can you protect through a trademark right?

Register your brand and prevent others from benefiting from your work, product, services and name. A trademark can exist for years and function well, but without trademark rights a trademark is not protected. Registering your trademark gives you the exclusive right to use your trademark for the products or services you offer. Others are not allowed to use your brand and therefore cannot benefit from your efforts to make the brand great. It is important that your brand is distinctive enough. For example, you cannot apply for a trademark right on the word “baker” if you are a baker yourself.

What can you protect?

When you register your trademark right in the official Benelux register, all distinctive features of your product or service are protected as a trademark. Think of words, logos (three stripes motif from Adidas), colors (red / yellow from Shell), design (shape of a Coca-Cola bottle) and sounds (melody for Nationale Nederlanden advertisements), they all qualify for trademark protection .

Where does a trademark right apply?

In general, we recommend that you protect the brand in the country where your company is located and where your main market opportunities lie. Each trademark register uses its own registration procedure.

• Benelux Office for Intellectual Property
  This gives you protection in the Netherlands, Belgium and Luxembourg. The duration of the right is 10 years, which you can extend indefinitely. First, check if your brand already exists in it merkenregister and contact us to do this with you.
• EU trade mark (European Union)
  With the EU trademark you have protection in all countries of the European Union, currently 27 countries. It is regulated in uniform European legislation. You receive European trademark law for a period of 10 years and can be renewed indefinitely. This method of trademark registration is cheaper than filing national registrations separately in all countries of the European Union.
• International brand
  An international trademark offers you protection in countries that are party to the Madrid Agreement or Protocol. You can apply for protection in more than 110 member countries, but you can also opt for a number of these countries.

The registration of a trademark depends on the country (ies) where you want to register your trademark. In consultation with you, we will draw up optimal country coverage, with the associated registration procedure.

How long is a trademark right valid?

The protection is valid for a period of 10 years and can be renewed after 10 years. The renewal of your right must be notified within 6 months after the expiry of the validity of your trademark right. A lot can change under your brand in 10 years, which is why it is important to see whether the law is still sufficiently current. Consider, for example, expanding or limiting your product range or restyling your corporate identity. We will of course inform you well in advance at the end of the registration period.

Want to know more?

Do you have any questions about protecting your trademark or do you want to protect and register your trademark immediately? Then contact us or check our rates.