Trademark Registration

Why register your brand name?

If you don’t register your brand name, you won’t receive protection for the brand. You won’t be able to take action against someone else who starts using the same brand. Moreover, in trademark law, the rule of ‘first come, first served’ applies. If you don’t register, you even risk someone else registering the name and you having to stop using the brand. In short, there are very good reasons to register your brand name.

Advantages of registering your trademark

The advantages of trademark registration are clear:

Trademark registration provides security. You can prevent the competition from getting too close. It also has a pre-emptive effect: if the competitor sees your trademark registration in the (public) register, he will think twice about hovering around. Finally, you also create value with a trademark registration: if you ever sell your company or the trademark, potential buyers are always interested in the protection of your brands.

Registering your brand internationally or in the Netherlands

Registering your trademark only in the Netherlands is not possible. Netherlands, along with Belgium and Luxembourg, operates under the Benelux trademark law. So, when you register, your trademark is valid throughout the entire Benelux region.

Registering your trademark in Europe

Many companies are active not only in the Netherlands or the Benelux but also in several other European countries. In that case, it’s advisable to choose to register your brand as a European trademark. With a European trademark registration, you cover the entire European Union, comprising a total of 27 countries.

Registering your brand outside of Europe

If you use your brand outside the European Union as well, it’s wise to also apply for registration in those countries. Since each country has its own trademark registry, you’ll need to apply for trademark registration separately for each country.

However, trademark law offers an interesting procedure through which you can file these registrations outside the EU in a single application for all relevant countries. This streamlines the process and leads to significant cost savings. Chiever is ready to provide further advice on protecting your brand outside the EU. We possess the knowledge and experience to register trademarks in all countries around the world.

Trademark registration

Do you want to register a trademark immediately?

Do you want to protect a trademark? Send this form, and our legal team will contact you within 24 hours with information about the possibilities, the procedure and the costs of trademark registration. Of course, you can also call: +31 20 8204000

Maria-Gemma Huijnen Senior Trademark Attorney (Partner)

+31 (0)20 8204000

huijnen@chiever.com

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FAQ Trademark Registration

Why register a trademark?

A trademark is only protected against imitation if it has been registered. Without a trademark registration, you cannot take action against a competitor using a name that resembles yours. In addition, registering your trademark builds commercial value.

How quickly can you file a trademark application?

We can file a trademark application within one day, and if necessary, even within a few hours. As soon as we have all the required details (the mark, the owner, and a list of goods and services), we can file the application immediately. The filing date determines the priority of your protection.

After filing, the registration procedure begins. We handle the entire process for you: we take care of all formalities and monitor all deadlines. The administrative process leading to final registration takes at least several months, but your protection date is fixed from the filing moment. No one can change that.

What information do you need from me to register my trademark?

To register your trademark correctly, we need to know how and in what form or design you intend to use it. We also need information about the goods or services you want to protect and in which countries or regions, now and in the future. Finally, we require the name and legal form of the trademark owner (and the Chamber of Commerce number, if applicable).

Do I need to conduct a search before registering?

A search for older or similar trademarks is not mandatory, but we strongly recommend it. If it later turns out that someone already has earlier rights to a similar mark for the same goods or services, it can cause major problems and costs. In some cases, the only solution is to change your brand. A trademark search gives you early insight into potential risks.

If my trademark already exists, will my application be refused?

No, trademark offices in Europe do not have the authority to refuse an application simply because a similar trademark already exists. However, the owner of such an earlier trademark can file an opposition. If opposition is filed against your registration, we can advise you and assist in defending your trademark.

Can you also register my trademark internationally?

Yes, Chiever can register your trademark anywhere in the world. Whether it’s Germany, the European Union, the United States, China or Brazil, we can handle the entire trademark registration process from A to Z.

What are the costs of registering a trademark?

Trademark registration costs consist of official fees and Chiever’s service fee. To give you an idea: a Benelux trademark registration costs around €800 as a one-time fee, and your trademark will be protected for 10 years.

For Europe (27 countries), 10-year protection costs approximately €1,700, although subsidies can reduce this cost. The price may be higher if the trademark needs to be registered for many different goods and services. For registrations outside Europe, we are happy to provide a customised quote.

Do trademark registrations need to be renewed?

A trademark registration is valid for 10 years. Well before your registration expires, we will notify you and ask whether you wish to renew your trademark. We will also provide a cost overview. If you wish, we can handle the renewal for another 10-year period.

What types of trademark classes are there?

When registering a trademark, you must specify the types of products and services you want to protect. Whether your brand is for a snack, an insurance company or a furniture retailer, every application must specify the correct classification.

Once you tell us, we ensure the correct wording and classification. If your trademark needs protection for many different goods or services, you will need multiple classes, which increases the cost.

Can a logo be registered?

We can register not only word marks but also logos or figurative marks. If you use a logo, it is strongly recommended to register it in addition to your word mark. This prevents competitors from using a similar design. To register a logo, we need a good-quality JPG image.

Do you have a question about trademark registration that isn’t listed here? Feel free to get in touch with us!

Swapfiets case

Can you register a blue tire as a trademark?

Sometimes you get lucky, and you are asked to consult on protecting an exceptional brand: the Swapfiets blue front tire.

Trademark registration at Swapfiets

Book Gala Case

Can the Boekenbal be protected as a trademark?

Although the words Boekenbal (Dutch Book Gala) and Boekenweekgeschenk are descriptive, and therefore difficult to register as a trademark, Chiever nevertheless succeeded in protecting these trademarks.

Trademark registration at Boekenbal