Jurisdiction

Trademark law

The brand under which you offer your products or services is a crucial component that often gets little attention.

The brand under which you offer your products or services is a crucial component that often gets little attention. Recognisability in the market so that consumers – upon recognising the brand – link the product or service to your company is in many ways indispensable to remain successful in the long run. Yet it is remarkable that precisely about marketing the brand, choosing the brand or checking whether a brand is still available, little attention is paid. And when it does, it is often too late.

What is a brand?

A trademark is a sign by which a company distinguishes its products or services from those of other companies. Trademarks provide recognition and recognition among consumers. There are different forms of marks, such as word marks (brand names), image marks (logos), word image marks, shape marks, and even sound marks and colour marks.

Trademark registration

To qualify for trademark protection, you need to register your mark in an official trademark register. You register a trademark for certain ‘goods and services’ classes. These are classified according to the so-called Nice classification. It is important to arrange this very carefully, to avoid hassles both beforehand and afterwards. If you would like to know more about registering your trademark, please contact the lawyers at Guldemond Advocaten.

What must a brand meet

To register a trademark, it must have sufficient distinctive character. This means that the mark must be able to function as an indication of the origin of your business. The greater the distinctiveness of your mark, the more protection you enjoy as a trademark owner. Your trademark should not be descriptive of the products and/or services you intend to use it for. Nor may the mark be taken to indicate the origin, quality or distinctive characteristics of those products and/or services. If you would still like to use a descriptive brand name, for example because it works well commercially, you may want to consider adding a creative logo. This way, you can at least get protection for that logo. Just make sure that the logo cannot be descriptive either.

Contact

If you have a question about trademark law, please contact Guldemond Advocaten.

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