The Dutch company has been carrying out smartphone and tablet maintenance and repairs in the Netherlands since 2013 under the name DoctorPhone. So it’s very understandable that the 2015 European trademark registration of the German DoctorPhone was difficult for the Dutch, even more so because the Dutch now have three branches in Germany. So what can you do if you don’t have a trademark registration yourself?


Older trade name or company name

European trademark law offers a solution in cases like this. Suppose you can demonstrate that you were already using the name in the Netherlands as a company name before the European name, and you can show that there is a risk of confusion. In that case, you can have the European trademark cancelled. Not an easy job, but it is possible.


Together with DoctorPhone, Chiever collected the correct evidence. Fortunately, DoctorPhone had its administration in order. In January 2021, the European Trademark Office declared the German trademark invalid. Meanwhile, the Dutch DoctorPhone also filed its own Benelux trademark registration.


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