Trademark law
Introduction
A trademark has several functions such as an a distinguishing, a quality, an origin, a warranty and a trust function, an advertising function and a goodwill function. Trademarks are of particular importance, both to individual trademarks, and service marks and collective marks. In order to get protection, you must have a sign (visual character) and it must have distinctive character. MyLex will guide you in registering a Benelux or international trademark (trademark depot). We also work with an established graphic design agency, who can develop your visual character.
What is a trademark?
The protection requirements for a trademark are the following: the brand is a sign (names, drawings, stamps, numbers, letters, forms), the character must be graphically conceivable (visual display) and it has a distinctive character (for the relevant target ). A brand has different features, and exists in the form of a Benelux trademark an European or international trademark.
Protection: how?
For a Benelux trade mark, there is a mandatory deposit in Brussels or at the BOIP in The Hague. The document has to meet several formal conditions. After filing, an ex officio examination follows, with the aim to determine whether there is a graphic sign or symbol, whether it has a distinctive character, and that there are no conflicts with the applicable laws or morality. The BOIP then gives written notice of the decision and should justify any refusal. One may also order an optional BOIP research. Upon approval, your trademark is included in the registry.
There are special rules for filing an international and a European or International trade mark. Please contact us for more information.
Duration
The duration of the protection is 10 years from filing, and is infinitely renewable for periods of 10 years. A renewal should normally be done within six months before the expiry of the period. A trademark can be removed (decay of law, by court, becoming a generic) or be void by the court.
Rights
The trademark owner can prevent any use of identical or similar signs to the trade mark. The criterion here is the ‘confusion’ in the relevant target audience.
Caution with generic trademarks
When a brand name is used to indicate a category of products or services (for example ’pampers’ instead of diapers), and this and this happens by acts or inactivity of the proprietor, he might lose his protection. The proprietor must actively take action against generalization so that his protection is maintained.
(See also: Register trademark)
(See also: How can I protect my idea? i-DEPOT).
Trademark summary
The legal principles of trademark law deal with the functions of a brand, the protection terms and the duration and the rights of the proprietor.