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Protection by Trademarks

A strong brand is invaluable and it is important for you to protect it properly. Substantial investments in production, advertising and marketing are required in order to launch a trademark on the market. By protecting your trademark, you can safeguard this unique “face” and keep your competitors at bay.

Trademark agency Arnold & Siedsma protects your trademark

The services we provide range from research and consultancy through to the application, registration and monitoring of trademarks. We can also conduct opposition proceedings for you as prosecution or defence, and take action in the event of impending or real trademark infringement. If an infringement is involved, we investigate whether the situation between the parties can be settled by mutual consent, or whether legal action is required. In the latter case, we take action in consultation with our own lawyers, who can instigate civil or criminal proceedings to counter the infringement. Conversely, we can also assist you if you are accused of committing an infringement and we have to defend your position. Whatever position you are in, we will be pleased to assist you in efficiently and vigorously safeguarding your interests.

Trademark protection anywhere in the world

Our trademark attorneys can organise the registration of trademarks for you at home and abroad. Through our extensive international network, we can take the required actions for you in any country, anywhere in the world. Our decades of experience and our excellent reputation make us your partner of choice for your trademark rights.

What is a trademark?

Trademarks come in all shapes and sizes. Large and small. Worldwide and closer to home. Legally, any symbol which is able to distinguish the products or services of a company can be a trademark.

The trademark concept is wide-ranging and comprehensive. Thus, for example, a trademark may consist of a name (word mark), an image or logo, combined word marks and logos, colour combinations, acronyms, digit combinations, slogans, and shapes of a product or packaging. In some countries, the sound or smell of a product may even constitute a trademark. All of these elements, on their own or in combination with one another, may form the unique “face” of a company, Organisation, product or service.

Trademark registration: important aspects to consider

When obtaining a trademark registration there are several important aspects to consider. For example, it is important to think about the products and services of your trademark. Important aspects to consider by obtaining a trademark registration:

A trademark must not be too descriptive, indicative or misleading for the products and services which will be offered under the trademark and for which protection will be requested.

Worldwide trademark protection can be arranged if required. Although the procedures for trademark registrations in some cases differ from one another, the ultimate aim is the same: an exclusive right to your trademark in a geographical area that is of interest to you (National, Benelux, Europe or International).

A trademark is registered for specific products and/or services. This product and/or service description is referred to as the classification. It is important to think carefully about the products/services for which you intend to use your trademark, now and in the near future. Immediately at the time when your trademark is filed, a full summary of all relevant products and/or services can be included, given that it is not possible to add products or services to the classification at a later stage. The classification used when the trademark is filed can only be further restricted at a later stage if a further specification of products or services takes place or specific products or services are withdrawn.

The classification indicates the products and services for which you require/claim protection. It is therefore very important for your trademark to be described for the correct classifications, as situations may otherwise occur in which you are hindered by a different trademark, while being unable to take action on the basis of an incomplete or incorrect classification in your trademark registration.

A trademark registration is normally valid for 10 years from the trademark application filing date, and the protection can be extended without limitation by periods of 10 years.

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