Lessons; trade mark law

Economy

Marks, growers rights and licenses

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Mark rights

Even when you for many years have a mark for your product and it is not registered as a mark, you probably do not have so many rights. Also the so called users right, because of the use of a name for many years can often have not so much legal value. When you have a mark name you must protect  the name, the logo or the combination of it by a special mark office. This can be for Holland, Belgium and Luxemburg the Benelux Merkenbureau in Den Haag, Bordewijklaan 15, 2591 XR. tel. 070-3491111. For other countries you must look there to find out.

Your question will checked to points like:

  • The mark must be different from other marks.
  • The mark may not have the suggestion of a country, if the product not comes from that country. 
  • The mark may not mislead.
  • The mark may not look like on existing marks.

If your mark is accepted by the Benelux mark office, it can be officially registered. This for a time of 10 year. You must use it within  5 year 
You can register: a name, a logo, a drawing, letters, figures, wrapping design and so on. Also the company name what is registered by a trade office can be protected as a mark. 

A Benelux registration have no rights outside these countries. There are world wide many register systems, but some countries will not recognize these. On Internet this can cause many problems and even lawsuits. Even than to have rights is not the same as the get it without the loose of much money. We advise you to let you assist by a specialized bureau. Go to Benelux mark office bmb-bbm.org

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Growers rights

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Licenses

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Last update of this page 23.05.2004