Protection of Trademarks and Designs
Your trademark, logo or design is a valuable asset. With your trademark, logo or design, you can distinguish your products from those of other parties. It’s very important to protect your trademarks and designs. A wordmark right, logo or design right can only be obtained through registration. Your trademark or design is not protected without a registration.
You will be granted the exclusive right to a tradename, logo or design once it has been registered in the official intellectual property register. Third parties are not allowed to use the same trademark for the same or similar good and services for which you have registered your trademark and you are using your trademark.
Your trademark registration is also protected against newer trademarks that may cause confusion because they are highly similar to your trademark and are registered for identical or similar goods and services. Your trademark registration will also prevent third parties from taking advantage of the reputation that you have carefully gained.
Your registered design allows you to take legal actions against any use by a third party that produces the same overall impression in the view of an informed user.
Advice, Screening Search and Registration of your Trademark and Design
Heffels Spiegeler attorneys-at-law also advises on the protection of your trademarks, designs and tradenames. Needless to say, that we take into account your future plans and the countries in which you are active with your business.
Screening Search Services
We will provide an availability screening search in respect of your trademark and we will provide you with a risk assessment and advise.
Registration in the Benelux
Heffels Spiegeler attorneys-at-law will handle your trademark and design registrations both in the Benelux and the EU. If you are planning to use your trademark mainly in the Netherlands, it seems advisable to register a Benelux trademark. A Benelux trademark registration will also give you protection in Belgium and Luxembourg. An advantage of a Benelux registration is that the costs are lower compared with an EU trademark registration.
Registration in the EU
If you intent to use your trademark in several countries within the EU, it seems advisable to register an EU trademark. Your trademark will then be protected in all countries within the European Union. A major advantage of an EU registration is that the costs are much lower compared with several national registrations in various countries within the EU.
Registration outside the EU
We do have a large network of intellectual property specialists. Therefore, we can also assist you if a trademark registration in other countries, anywhere in the world, is desired.
Heffels Spiegeler attorneys-at-law manages the trademark and design portfolio of its national and international clients. This service provides an overview of the protection of your trademarks and designs and we monitor the deadlines for you. We will inform you on all important deadlines such as renewal deadlines.
We can include your trademark registrations in our trademark watching service. If a third party applies for an identical or similar trademark for the same or similar goods or services, we will directly send you a notification. You will have the possibility to decide whether you wish to take measures to prevent the third party from registering the younger trademark.
Trademark Infringement: Opposition Proceedings, Cancellation Proceedings and Legal Proceedings
A major advantage of the services provided by Heffels Spiegeler attorneys-at-law compared to traditional trademark agencies is that, in the event of a dispute with another party, we can assist you in opposition and cancellation proceedings at the Benelux and European trademark offices as well as in legal proceedings before a court.