Perhaps you would like to protect a new trademark. This could be the name of a plant, the name of your company or your company logo. Essentially, this can be done in three ways:
1. word trademark: the name is protected
2. pictorial trademark: the entire design is protected
3. shape trademark: the entire design is protected including its 3-dimensional shape
Before applying for the protection of a word trademark, you should be aware of certain aspects involved in this. First of all, the trademark could be what is known as a ‘weak trademark’ meaning that it will be practically impossible to protect it because it contains very commonly used words. Secondly, an owner of a similar trademark might think that confusion could develop due to the use of your trademark and will then forbid you to use it. Furthermore, the fact that it many trademarks already include commonly used words would lead you to expect that many more of these will be developed; this will have adverse effects in regard to you.
In many cases, it would be more advisable to protect a pictorial trademark. This is the entire design of the trademark so the entire concept will be registered.
If your trademark involves a 3-dimensional rendering, you can protect it as a shape trademark.
Trademark protection is always applied for according to certain predefined categories for goods and services. Before filing for trademark protection, you will have to determine the categories in which you want to protect your trademark.
When you have a new trademark, you can contact New Variety BV at absolutely no obligation. We will be pleased to assist you in protecting and marketing your trademark.