What is a trademark registration?

A trademark registration protects you against infringement of your trademark. Registering your trademark will give you an exclusive right to use your trademark. A trademark registration provides you with a monopoly that is legally enforceable. Your trademark will be registered in the Benelux Trademark Register and you will receive a certificate from this registration so that your trademark also becomes commercially marketable.

 

What can be protected as a trademark?

A trademark is a sign that serves to distinguish products and / or services. This sign is usually a word, a logo or a combination of these. But an abbreviation, numbers, colours and the shape or layout of a package can also be a trademark. If the sign only serves to distinguish a product or service. Purely descriptive words such as ‘Personal coach’ or ‘The bike shop’ have no distinctive character and can therefore not be protected just like that.

 

Why protect your trademark?

Without registration you run a big risk because you have no protection. You often can not act against the use of others of your trademark. In addition, you may not be allowed to use your own trademark after someone else registers the trademark.

 

When do you have to apply for registration?

As soon as possible after you have decided to start a specific trademark. With this you run the least risk that someone else is ahead of you.

 

Do I have to do research in advance?

This is not mandatory, but it is wise. This will prevent you from registering and using a trademark that has already been protected by someone else. When someone has an older corresponding right, you can forbid the use of your trademark. High costs can be saved if you decide in advance whether your trademark is available. Registering a trademark without research entails a risk. More information about trademark research can be found in our product brochure ‘ trademark search’.

 

The procedure of trademark registration

To protect a trademark, we first advise you on the recordability of the trademark. In addition, we draw up a description of the products and / or services for which the trademark is used and must be protected. After this, we submit the application to the Benelux Office for Intellectual Property. You will receive from us the registration number and the filing date as well as additional information about the further procedure.

The Office then assesses whether the trademark application meets all the conditions and whether the trademark is sufficiently distinctive. After some time, your trademark will be published, after which older right holders will have approx. Two months to object to your application. We call this objection an opposition and must be based on older existing rights with validity in the Benelux. The trademark is registered if there is no opposition. The duration of the protection is 10 years and can be renewed every 10 years.

 

When is my trademark protected?

A trademark is only protected if it is registered. This happens after the entire registration procedure has been completed. That can take about 3 to 6 months. However, it is possible to obtain protection more quickly via an urgent registration. The trademark will then be registered immediately on payment of an additional charge, despite the fact that the application procedure has not yet been completed.

 

Our services

At our trademark agency you are always assured of a legally trained trademark advisor. Unlike many trademark consultants from other agencies, our trademark consultants always have a legal education with additional specialization in the field of Intellectual Property. As a result, in addition to practical knowledge, we also have the legal quality to advise you on the protection of your trademark portfolio. We offer the following services:

– trademark research with advice on possible risks in terms of availability

– coordination and advice on the best protection strategy for your trademark

– advice on the recordability of your trademark

– submit, supervise, monitor and handle the entire registration procedure

– management of your trademark portfolio and monitoring of your trademark and essential deadlines

– conflict resolution, advice, negotiations, procedures and other legal services

 

Monitoring

We strongly recommend that your trademark be included in our trademark monitoring after registration. Only in this way will you be able to file opposition in time against third-party applications of trademarks that are too similar to your trademark. This means that long and expensive future procedures can be prevented because you can already act in a pre-stage against others. For more information about trademark monitoring, please contact Merkenbureau Heemskerk B.V. We would like to refer you to our product folder ‘ trademark Monitoring’.

 

When can I use a ®?

The ® sign stands for Registered Trademark. This means that you can only place this sign with your trademark if the trademark is registered. You can decide for yourself where you are placing the ®. With this sign you show the market that the trademark is protected. It is not mandatory to provide your trademark with a ®. Even without the ® enjoy your registered trademark protection. You do, however give a signal that your trademark is protected.

 

What are the costs of registration in the Benelux?

We apply a fixed rate of € 640 for a trademark registration in the Benelux in a maximum of three classes. A surcharge of € 50 applies for visual identifying. We give you specific advice on the classes in which you can best protect your trademark based on your activities. Most registrations can be limited to three classes. However, if your trademark has to be registered in more classes, then there will be an additional cost of € 95 for every additional class. An overview of the classes can be found on www.merkenbureauheemskerk.nl or you will be sent on request. If the application encounters problems along the way, such as an opposition or an objection from the authorities, then the handling of these costs (based on our hourly rate) that we discuss with you in advance.

 

Start of registration

In order to be able to make a trademark registration for you, we need the following information and forms, which you can send to your permanent trademark advisor or to:

Merkenbureau Heemskerk, fax (020) 8453281, stating ‘Benelux Trademark Registration’. After receipt we will determine the goods and services classes in consultation with you, after which we start the registration immediately.

Necessities

  • Indication of the mark to be registered.
  • A description of the products and services for which the trademark is or will be used (a brochure or the address of a relevant internet site is often usable).
  • A copy of an extract from the Trade Register of the Chamber of Commerce.

 

Necessities

  • Indication of the mark to be registered.
  • A description of the products and services for which the trademark is or will be used (a brochure or the address of a relevant internet site is often usable).
  • A copy of an extract from the Trade Register of the Chamber of Commerce.