Trademark law

Of all the intellectual property rights, trademark law - and more specifically protection of the brand - is the most important element for most companies. In a certain sense, it protects your business. A trademark is a differentiating symbol for products and services and can be a name, abbreviation, logo, but also a shape, colour or even a sound. Exceptions aside, no-one else may use your trademark without your permission (licence). Trademark law is codified among other things in the Benelux Treaty on Intellectual Property (BVIE, for trademarks applicable in the Benelux) and Council Regulation 40/94 on the Community trade mark (for trademarks valid in the European Community). Trademark law offers exclusive use of the trademark in the classes it is registered for. If a lot of effort, time and money is needed to bring a product or service to market, it is advisable to register the trademark in good time. You can do that at the Benelux Bureau for Intellectual Property or the Harmonisation Office for the Internal Market (for so-called community trademarks). Van Eeckhoutte can assist you thereby.

As soon as you start using your brand in commercial traffic, you will want to keep your act clean; you will tolerate no infringements on your trademark, because otherwise you risk diluting your trademark and devaluing it (goodwill). We are excellently equipped to do that job, too. In 80% of our trademark cases, they do not go to court. And if it has to go to court, that will be the court in interlocutory proceedings (an interim injunction) and your legal costs can be recovered in full from the infringing party.