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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The 10 most frequently asked questions about Trademark Registration

1) Why register a trademark?

A trademark is only protected against fraudulent use if you have registered it. Without trademark registration, you cannot do anything about a competitor using a trademark similar to yours. Moreover, you create value by registering your trademark.

2) How quickly can you file a trademark registration?

Applying for a trademark registration can be done within 1 day, and if necessary, within a few hours. Once we have all the necessary details (brand, owner, description of products and services), we can initiate the application right away. The timing of the application determines the hierarchy of your protection. After the application, the registration procedure begins. We’ll guide you through this process, handling all formalities and monitoring deadlines. The administrative processing until the final registration takes at least a few months. However, your protection date is established by the application – no one can come in between.

3) What do you need from me to register my trademark?

To register your trademark correctly, we need to know how you intend to use the brand in terms of design/appearance. Additionally, you must specify the products or services the brand will be associated with and in which countries or regions, both now and in the future. Lastly, we require the name and potentially the legal form (and Chamber of Commerce registration number) of the trademark holder.

4) Do I have to do research before applying for a registration?

Research into older similar brands is not mandatory, but we strongly recommend it. If at a later stage, it turns out that someone else owns earlier rights to a similar trademark for the same products or services, this can cause a lot of grief (and costs). Sometimes there may not be any other option than looking for a new trademark. A trademark search gives you prior insight into possible risks.

5) If my brand already exists, will my registration be denied?

No, European trademark offices don’t have the authority to reject a trademark solely because a similar one already exists. However, the owner of an older, similar trademark can potentially object through an opposition procedure. If opposition is filed against your new registration, we can advise and assist in defending your brand.

6) Can you register my brand internationally?

Yes, Chiever can register your trademarks anywhere in the world. Whether it’s Germany, Europe, the United States, China, or Brazil, we can manage the entire trademark registration process for you.

7) What are the costs of trademark registration?

The costs of trademark registration include government fees and Chiever’s fees. As an estimate: registering a trademark in the Benelux costs around €800 for 10 years of protection. For Europe (27 countries), 10 years of protection costs around €1,700 as a one-time fee, though costs might be lower with subsidies. Costs can increase if the trademark needs to be registered for numerous products and services. For costs outside Europe, we can provide a tailored estimate.

8) Does a trademark registration need to be renewed?

Trademark registration is valid for ten years. You will receive a message from us asking whether you want to renew your trademark registration well in advance ofregistration expiry. We also provide an overview of the costs. If you want, we can extend the trademark registration for a new period of 10 years.

9) What goods and services classes are there for trademark registration?

When registering a trademark, you should always let us know the type of products and services you want your trademark protected. Is it for a snack, is it an insurance company or do you sell furniture, this is required information with every registration. If you pass this on to us, we will provide the correct description during registration and arrange the correct classification. If the trademark needs protection for many different products or services, then you need several classes of goods and services, and the costs are a bit higher.

10) Can a logo be registered?

As well as registering word marks for you we can also register logos or figurative marks. If you use a logo, we highly recommended that it is protected in addition to your word mark. This prevents the competition from using the same design. In order to register a logo, we need a good 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