Distinction
Your trademark is only eligible for registration if it is distinctive. This concerns the overall impression of word and (possibly) image elements that your trademark gives to the public. If there is a chance that a consumer will perceive your trademark as a (too) general description of the products and/or services, the trade name will not be distinctive and will not be a trademark from a legal perspective.
What are the consequences of your trademark registration?
By registering your trademark you obtain an exclusive right (monopoly) to use the trademark for certain products and services. This means that as a trademark owner you can object to the use of a trademark that is (virtually) identical to your trademark. In that case they will have to cease this use and in some cases owe you damages.
Where can you register your trademark?
The monopoly obtained by registering your trademark can only be exercised in the registration area. Where you register your trademark depends on your own wishes and on the areas in which you are active with your company. The possibilities are as follows:
- Registration on a national level: if you wish to obtain a monopoly on your trademark within a specific country, you must apply for this trademark registration at the official trademark office of that country. Please note: it is not possible to register a national trademark within one of the countries of the Benelux. This is laid down in the Benelux Treaty on Intellectual Property.
- Registration within the Benelux: if you wish to obtain a monopoly on your trademark within (one of the countries of) the Benelux, you must register your trademark in the trademark register of the Benelux Office for Intellectual Property (BOIP). Please note: It is not possible to register a national trademark within one of the countries of the Benelux. This is laid down in the Benelux Convention on Intellectual Property.
- Registration within the EU: If you wish to obtain a monopoly on your trademark within all EU member states, you must register a so-called Union trademark. This Union Trademark can be applied for at the Office for Intellectual Property of the European Union (EUIPO). Registering a Union Trademark is very difficult because the trademark must meet the legal registration conditions in all Member States. We therefore definitely advise you to involve a legal expert in this process.
- Global trademark registration: Of course you can also register your trademark in countries outside the Benelux. For this purpose, it is first of all important to investigate whether the country in which you wish to register your trademark is a member of the so-called Madrid System. If this is the case, you can submit an international application via BOIP. If the intended country is not a member of the Madrid System, you will have to submit the trademark registration to the responsible authority of that country. This is often a costly and complicated job and it is again very wise to engage the services of a legal expert.
Need help with your trademark registration?
Would you like support with the registration of your trademark? Or do you think that your trademark rights are being infringed? Our legal experts will be happy to assist you. Please feel free to contact us for more information.