Trademark law
Trademark law provides protection for signs, such as names and logos, for a company's products or services. A trademark indicates the origin of the company's goods or services. Trademarks also have a guarantee function with which they guarantee the exclusivity and quality of the products or services. This makes them an important means of communication for companies in economic traffic.
How does a trademark right arise?
The trademark must be registered in a trademark register. For trademarks valid in the Benelux, this is the register of the Benelux Office for Intellectual Property (BOIP). Trademarks valid in the EU are registered in the register of the European Union Intellectual Property Office (EUIPO).
Not every sign can be a trademark. For example, the validity of a trademark requires that it be distinctive. A trademark may not be exclusively descriptive of the goods or services for which it is registered. 'Notary' for notarial services lacks any distinctiveness. But for gin, it is a strong mark.
Less distinctive marks can become distinctive through intensive use. This is also known as 'incorporation'. Conversely, a strong brand can lose distinctiveness if it is used by third parties all over the market. The trademark then "dilutes.
What can I do with a trademark right?
The trademark owner can prohibit any third party from using a sign identical to his trademark, used for the same goods or services for which his trademark is registered in the trademark register. For example, Banning Advocaten can prohibit anyone from using the sign "Banning Advocaten" for legal services.
Even if the sign is not identical but similar to the trademark, the trademark owner can take action. Like, for example, 'Banning Lawyers. Also when the services are not quite identical, but similar. Think, for example, of legal secondment. Note that this is only possible if there is a likelihood of confusion.
If the trademark owner has a well-known trademark, he can also take action against the use of identical or similar signs, if this rides on his success. He can take action if the other party, through his use of a sign without due cause, takes unfair advantage of or damages the distinctive character or the repute of his trademark.
Our expertise
Our IP attorneys have extensive experience in trademark law. We assist many (international) companies in the field of anti-counterfeiting, guidance and advice on registration and possible opposition of trademarks as well as on all other aspects of trademark law.