Trademark registration by Lokaal Maashorst
In 2022, the Maashorst municipal government introduced its own logo, the pulse design. The new brand wasn’t only used by the municipality itself but was also made available for local initiatives. The politicians of Lokaal Maashorst eagerly took advantage of that. Not only did they start using the logo, but in 2024 they even went ahead and registered the pulse as their own trademark.
Brawl on the village square
It won’t surprise anyone that this move by Lokaal Maashorst caused quite a stir in the otherwise peaceful village square of Maashorst. Things really escalated when, in the summer of 2025, the municipality filed its own trademark application for the logo—and Lokaal Maashorst lodged an opposition against it. You couldn’t make it up. Perhaps it’s worth taking a closer look at who might actually come out on top here.
Older trademark rights
At first glance, it might seem that the politicians have the stronger position—they do, after all, hold the oldest trademark registration. The municipality should have registered first, right? In principle, that’s how trademark law works: first come, first served. However, the law also provides an important exception. If the first person to file the trademark acted in bad faith, that earlier right can be invalidated.
Bad faith
I wouldn’t rule out the possibility that Lokaal Maashorst acted in bad faith when it filed the mark. The politicians clearly knew that the municipality had commissioned the design and was the first to use it. In that case, it’s quite improper to file the logo as your own trademark and then attack the municipality’s later application.
Copyright
Another potential advantage for the municipality could be copyright. Apart from trademark rights, a logo that is original or creative can also be protected under copyright law. Unlike trademarks, copyright arises automatically—without registration or cost—from the moment the work is created.
Was it transferred?
In the Netherlands, the threshold for copyright protection is not particularly high, so it’s quite possible that this simple logo qualifies. The municipality just needs to make sure that the copyright has indeed been transferred to it. After all, copyright initially belongs to the creator—the designer. Did the designer formally transfer those rights to the municipality in writing?
My money’s on the municipality
All things considered, I think the municipality has a strong case here. If the fight on Maashorst’s village square moves to the courtroom, my money’s on the municipality. Still, it would of course be best if the villagers could sit down like grown-ups and settle this dispute amicably.
Bas Kist
Gemeente Maashorst, SVG by Sensini, Public domain, via Wikimedia Commons
