No protection without registration
A brand is a valuable asset. A product or service is recognized and known through the brand name and logo. Protecting a brand is essential and only established by a trademark registration. With a trademark registration you prevent and tackle trademark infringement, abuse and brand confusion. Use of a brand does not give protection. Your trademark is only protected after registration!
Almost all ‘distinguishing signs’ are brands; company names, product names, logos, slogans, family names, artist names, portraits, (magazine) titles, (forms of) packaging and even colours, smells and sounds.
By investing once in a trademark registration, you are protected for 10 years and thus prevent problems. Also lesser known brands, logos and company names are protected with a trademark registration.
Trademark registration
With a trademark registration you protect your brand(s) properly. You can act against third parties that infringe your trademark rights, logo or packaging. A trademark registration is also important to prevent third parties from “stealing” your trademark. In principle, trademark protection does not apply without registration!
Brand protection in the Netherlands is regulated at the Benelux level (also Belgium and Luxemburg). Brand protection at European and International level is possible too. A trademark is registered for 10 years. We manage the portfolio during this period and you may renew the registration for another 10 years.
The fee for a Benelux trademark application is € 685,- and for an EU registration € 1.650,-. This concerns the complete trademark application process in 1 class; no costs will be charged afterwards.
International TM registration
Your mark is only protection in a country after you obtain a trademark registration. Failure to register in good time abroad is very common and may have disastrous consequences. MerkWerk handles the registration of your brand in every country in the world. Depending on your specific situation, we advise which of the 3 systems is best and most cost-effective.
The EU trademark
With a single EU trademark registration protection is covers all 27 countries of the EU. The costs for an EU trademark starts at € 1.650,- in the first class.
International Registration
With an International Registration you obtain protection in a large number of countries with one single registration. Each designated country has its own laws and rules. You can designate more than 100 member countries. The fees depend on the countries to be designated. We are happy to give a quotation.
National Registration
In some countries you may only registered nationally, per country. Each country has its own rules and requirements. Please take into account fees of € 750 to € 2,000,- per country. If you want worldwide protection, then a combination of registration systems is recommended.
Is your trademark available?
More than half a million trademarks are registered in the Benelux alone. The chance that you infringe is real. It is wise to investigate older rights before a trademark is put into use.
Timely conducting trademark searches avoids conflicts and prevents unnecessary costs. MerkWerk specializes in trademark searches and is known for its rapid, thorough and clear risk analyses. Searches are available in all sizes and types. Your specific situation determines which search is important. A selection of the possibilities:
- Trademark check: free identical check.
- Trade name search: a search for older company names.
- Full availability search: a full search of all similar trademarks + extensive risk analysis.
- a la carte search: a manual exploratory study into identical and highly similar trademarks.
- Linguistic search: investigating whether a name has a negative (additional) meaning.
Trademark conflicts
As the owner of a trademark registration, you can take action against misuse of your trademark and against similar signs if there is a likelihood of confusion at the public. If your trademark is misused and action is required, we will assist you legally. If you are sued by a third party, we will professionally handle your defence. Conflict management and negotiations often prove more fruitful than expensive legal proceedings. If going to court cannot be avoided, we work closely with reputable, specialised sollicitors.
Trademark monitoring
After your trademark is registered, it is important to keep an eye on new trademark registrations. Conflicting trademarks may be registered. Without good monitoring of your trademark you are not aware of these trademarks. Our trademark monitoring service screens new trademark applications continuously. You will be informed quickly of new conflicting trademark applications so that you can act timely. Our trademark monitoring service is free of charge in the year of filing a trademark.
TM registration
Only if your trademark is registered, you can act against the use and abuse of your trademark, logo or packaging.
a new brand?
Is your trademark still available? How to avoid and manage the risks with the launch of a new brand / logo / trade name?
international mark
A mark is protected only when registered in a country. First come, first served. We register trademarks worldwide.
IP management
For efficient and accurate management of brand portfolios, experience and expertise are essential. Try us out.