Registration of trademarks in the Benelux

Trademarks are of great value to a company. A trademark represents a considerable investment in marketing and advertising, but more importantly it represents all that the product, service or company stands for.

To prevent others from using or abusing your trademark, to the detriment of your profits and goodwill, trademark protection is essential. Below we will explain how you can secure your rights in the Netherlands, Belgium and Luxemburg, in a word, the Benelux.

What kind of symbols can function as a trademark?
Anything that distinguishes the products and/or services of a company and is capable of graphic representation, can be protected as a trademark in the Benelux. For example:
Wordmark
Devicemark
Combined word and devicemark
Slogans
Colours
Abbreviations/Initials
Shapes
Sounds

For maximum protection, more than one trademark registration may be necessary (for instance for a word mark and a separate device mark). We shall be pleased to advise you about all options relevant for your company and its trademarks.

Company names can be trademarks as well
It is advisable to register the company name as a trademark along with other symbols. In fact, the Trademark Act protects a company name much more comprehensively than the Trade Names Act does. Even if your company does not market products of its own (in retail trade, for example), to register the name of the company as a trademark is still advisable.

Why trademark protection?
Using a trademark does not provide you with trademark rights in the Benelux. Should somebody else, register a similar trademark for similar products or services, you will have no rights to object to this use under normal circumstances.

To avoid such a situation, it is wise to register your trademark at the earliest possible stage, in the Benelux and in other relevant countries. Only by registration of the trademark you will acquire exclusive rights to a trademark.

A registered trademark entitles you to act against infringements. On the basis of trademark rights, you can take action not only against identical and similar trademarks but also, on certain conditions, against trade names and domain names. Trademark registration offers wide protection.