TRADEMARKS

WHAT ?

A name, a logo, a combination of letters and/or numbers, a colour or a combination of colours, a smell, a slogan, a sound, the shape of a product or its packaging, a label or any other symbol used to identify company's products or services, thus distinguishing them from those of the competitors.

WHY SHOULD YOU PROTECT YOUR TRADEMARK ?

  • In order to have the exclusive right to use your trademark to identify your products or services in the territory concerned (Benelux, European Union, other countries)
  • In order to prohibit third parties from using your trademark or similar sign, for example as a domain name or company name or to identify their products or services even if they are not similar (in some cases)
  • In order to generate income through the granting of licences to third parties
  • In order to create an image, an identity around your product or service

HOW SHOULD YOU PROTECT YOUR TRADEMARK ?

  • First step: Examining availability
    Is the brand or logo in question available or is it already owned by a third party or similar to a third party's sign or logo valid in the territory concerned, for identical or similar products or services ?
  • Second step: Deciding on a strategy
    If the sign is available, must a brand be registered in the Benelux countries or the European Union and/or is an international registration necessary? Which products or services are to be covered? Should the mark be registered in colour or not? Who will be the holder?
  • Third step: Implementing the strategy
    Depending on what has been decided, filing the application with the official authorities.

 

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WHAT CAN KIRKPATRICK DO ?

  • Guide you in your choice of a distinctive, available trademark
  • Carry out availability and use searches and analyse them
  • Work out a protection strategy together
  • Represent you through all the procedures from application to registration of your trademarks and keeping them in force
  • Monitor your trademarks and those of your competitors
  • Act on your behalf in the event of infringement (proceedings or negotiations)
  • Draw up and negotiate agreements for licensing, distribution, franchising and acquisition and carry out the registration procedures
  • Optimize your trademark portfolio
  • Translate any documents which generally relate to your trademarks