Trademark law is one of the intellectual property rights. Just like copyright, design law, database law, neighbouring rights and patent law.
Trademarks indicate from which company a product or service originates (the distinctive character). They also serves as an indication of quality and are part of the advertising message. Trademarks also often represent substantial goodwill. In many cases, trademarks therefore represent great value for a company.
In order to qualify for protection, the trademark must be registered. A trademark can be registered as a Benelux trademark or as a Union trademark (valid in all countries of the European Union).
Third parties who use a trademark for the same products or services, or confusingly for other products or services, may be sued for trademark infringement. In the case of trademarks with a reputation, an infringement may already exist if the consumer may think that there is a link between the trademark and the infringing sign and the infringer thereby takes advantage of the reputation of the trademark.
Use of a competitor’s trademark in comparative advertising is permitted if the advertising rules are complied with.
Our IP team has years of experience in complex infringement cases, both on the part of large trademark owners and on the part of defendants. In addition, we conduct trademark research into names or logos that a company wants to register as a trademark.
