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: de naam wordt beschermd
2. pictorial trademark: het totale ontwerp wordt beschermd
3. shape trademark: the entire design is protected including its 3-dimensional shape
Because trademark rights are intellectual property rights, you can become the owner of a new trademark so that nobody else will be allowed to use that trademark without your permission.
Protection area
It is not possible to apply for worldwide trademark protection by means of a single procedure. The protection of a trademark usually begins with filing an application for trademark protection in the Benelux (applying to Belgium, The Netherlands, and Luxembourg). Next, the “Protocol to the Madrid Agreement” can be requested/filed to protect a trademark in all the countries that are currently members of the European Union. You can also, of course, request such protection for any individual country.
Word trademark
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.
Pictorial trademark
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.
Shape trademark
If your trademark involves a 3-dimensional rendering, you can protect it as a shape trademark.
Categories
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.
Procedure
To request trademark protection in the Benelux, New Variety BV has to be authorised by the client. Trademark protection consists of two steps: the research and the filing. Trademark rights will be granted or denied only after being reviewed by the trademark rights agency and after six months during which the trademark is made public so that third parties can lodge an objection.
Information
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 your trademark.
