Registration

In order to derive any rights from your trademark, you need to register your trademark in the appropriate official registers.

 

Why register?

Registering your trademark will allow you to appeal to the protective effect of a trademark. You may invoke your trademark right if a third party is using, applying for, or registering a trademark that is identical or almost identical to your trademark. In such a case there could be a risk of confusion between your trademark and the mark of that third party. Only if your trademark is officially protected, you will be able to really benefit from your trademark

 

Possibilities

You can ask Nederlandsch Octrooibureau to file an application for registration of your trademark at official authorities worldwide. Each authority has a different geographical reach (e.g. Benelux, European Union, national or international).

 

Subsequent to registration, the trademark will be valid in most countries for 10 years from the filing date. After this period the trademark may be renewed unlimitedly for another 10 years.

 

Registration procedure

Having filed the application for trademark registration at the official authority, the latter will evaluate the request. Attention will be paid as to whether all necessary details have been stated and whether description and classification of the goods/services is acceptable. The official authority will then consider whether the trademark can be registered. The relevant criteria are different in each country. In general the trademark will be judged on the following criteria:

  • It must be distinctive
  • It may not be misleading
  • It must not be contrary to public morality or public policy

If a trademark does not comply with these criteria, it will be refused. It is possible to file a response against this refusal. If the refusal is withdrawn, the application will be published.

 

Costs

Fixed fees will be charged for preparing and filing the application of a trademark. All activities required to file your trademark will be included in these fees. Examples include preparing, and if necessary, translating the specification of the goods and/or services (provided the specification is not exceptionally broad), submitting the application, verifying and sending the proof of registration and monitoring the renewal date of your registration in our renewal database.

 

For a specific cost estimate you may contact one of our advisors. They will be happy to prepare tailor-made advice.