What is a Trademark?

Trademarks serve to distinguish goods and services. A result hereof is that a ‘trademark' which is devoid of all distinguishing capability, is incapable of being a trademark, and therefore unfit for a registration as such. Should you like to know whether your trademark meets all rules for such a registration, please click on criteria.

Trademarks can, basically, have all forms. The shape of a bottle even the music played on the telephone when waiting to be connected, it has all been lodged as trademarks. Still, word marks and devices, the name of a product and its logo are, by far, the most important.

Trademarks are registered for specified goods or services. A registration can be used when the trademark, or a sign resembling it, is used for goods (or services) for which the trademark has been registered or goods (or services) resembling these.

A detergent is similar to the services a cleaning company performs. However, a carpet can not be considered similar to a radio.

We always advise our clients to have us perform a search before a trademark is being used.

The Netherlands has made a treaty with Belgium and Luxembourg, the Benelux countries, resulting in a union in the filed of trademarks. As a result hereof, all trademarks applied for one of these countries automatically is valid for the whole Benelux. Part of the registration procedure is a search after earlier trademarks.

The above is intended as general information. We gladly assist you in translating this to your specific situation. Please direct all your questions to info@jurimark.nl. We will contact you within one working day, when you direct your questions by fax or e mail.