You can't ignore them. You see them every day. Trademarks. The coffee we drink, the shoes we wear, the computer I am using right now. Some consider trademarks as a phenomenon of the commercialization, while others use them to establish an identity, as a statement. The spectacles you wear or handbag you carry, reflects what you stand for.
Thinking of brands probably means thinking primarily of words or logos, which is correct. Also celebrities and museums have become a trademark. But even colors, shapes and sounds can be registered as trademarks. As long as it is a sign which serves to distinguish the goods or services of an undertaking. For each company, whether it be a sole proprietorship or a corporation, it is important that the names and logos used are protected. Names and logos mean reputation and thus the goodwill of your business.
Moreover, often many costs have been invested in coming up with the name, and the design of the logo. They are used to identify products or services to be used on stationery, your products, and your mail: they are used for entering into publicity.
Therefore, the names and logos of your company deserve trademark registration. Depending on where the trademark is (to be) used, it can be registered in the corresponding country or group of countries, like the Benelux or the European Union.
The main rule: no protection without registration. And without protection, it is almost impossible to act against use or misuse of your name or logo by others. Another important rule: earlier rights prevail. Literally every day matters. This emphasizes the importance of surveying your legal position in relation with the existence of earlier trademark rights and determining the possible objections which may rise against your trade mark application. Depending on the results of the survey, a trademark application can follow. A successful trademark registration provides you with an exclusive right of use in the countries your trademark has been registered. It also gives you the right to take action against unauthorized use by others of your trademark.
Moreover, you can use the ® symbol, showing to others: this trademark is registered.
The lawyers of De Merkplaats specialize in the field of intellectual property, including trademark protection. An important part of our services consists of performing legal surveys as mentioned and taking care of a careful and correct trademark application and providing our clients with legal advice regarding (infringements on) their trademarks.
Once registered, De Merkplaats monitors your trademark on infringing new trademark applications. We act as representative for our clients' trademarks and we monitor deadlines. In short, we take care of your trademark(s), so you can focus on your business. This is what we are good at and that is what we do for both the major museums, multinationals, governments and start-ups. So mail or call us, we will gladly assist you.
