Companies often restyle their logo to appear more modern. For example, the Apple logo has been modified several times. Such a restyling has legal consequences for trademark protection. If the

Yes, a music tune can be registered as a sound trademark. However, strict rules apply. The trademark application must include the musical staff, notes, any keys (e.g., C key, F

Yes, as long as the public perceives the portrait as a distinctive sign for the product and not as decoration. For example, if a portrait of singer Michael Jackson is

It is not mandatory to use the symbols ©, ™, or ® in the Benelux. The © symbol is used for works protected by copyright. It is often included in

A design must be new. Therefore, it is best to apply for protection before the new design is presented for the first time. However, the product/design must be fully finalized.

To obtain protection for a design, it is necessary to register the design in a register (either the Benelux register or the European design register). The authorities do not assess

In the Benelux, a design registration is valid for 5 years. After that, the protection can be extended every 5 years. The maximum protection period is 25 years.

Yes, packaging can be considered a design if its appearance has not previously been on the market and it sufficiently distinguishes itself from existing packaging.  Examples include Mona pudding desserts

Yes, a design or pattern  can qualify as a model. Examples of a design include drawings, photos, or wallpaper patterns. The image or pattern must be new and not previously

A tagline or slogan is a concise, suggestive phrase that conveys a motto or a message.  

Works of literature, science or art fall under copyright law. However, it is not limited to art; many applied art objects are also protected by copyright. This includes packaging, music,

Copyrights arise automatically and last until 70 years after the death of the holder. Design rights are obtained through registration and can last for a maximum of 25 years. The

AdWords are keywords that can be used to generate advertising links in the Google search engine. Google offers a variety of keywords to promote an advertisement. In addition to general

It is in the trademark owner’s best interest to remain reachable.  If incorrect address details  are listed in the trademark register, correspondence regarding important matters such as trademark renewals or

A design is a product with a new appearance and its own distinctive character (the overall impression must differ from existing products).  A design can have either a two-dimensional (e.g.,

Yes,  objects with a decorative function (including decorative items such as earrings, bracelets, etc.) may qualify for design registration. The appearance of the jewelry must be new and possess some

Een slogan kan een  merk zijn maar deze mag niet te lang of te ingewikkeld zijn anders is deze niet in staat om te onderscheiden. Als de slagzin een gewone

A slogan can be protected in several ways. A slogan can (sometimes) be registered as a trademark. Additionally, it is possible to register a slogan in the Slogan Register. If

Ja, auteursrechten ontstaan automatisch wanneer het werk openbaar wordt gemaakt. Het is alleen niet altijd evident wie de auteursrechthebbende is van het werk. Er wordt in principe vanuit gegaan dat

Yes, in fact, this is often the case. This overlap of rights comes with a few considerations and can sometimes lead to issues. When design protection is applied for, it

Yes and no. The use of a keyword identical to someone else’s trademark is subject to certain rules. In the context of fair competition, the courts have ruled that using

Any sign that has distinctive character. A sign must be able to distinguish the goods and services of one company from those of its competitors. Purely descriptive words or word

No. To obtain trademark rights in the Benelux, it is necessary to register the trademark in the trademark register (either the Benelux register or the European trademark register). It is

In the Benelux, a registration is valid for 10 years. After that, the trademark can be renewed in 10-year increments. However, the law requires the trademark to be used. Five

Yes, a number can be a trademark. However, the number must not refer to a characteristic of the product, as this would mean it lacks distinctiveness. A trademark registration does

Yes, in the Benelux, a family name or personal name can serve as a trademark. However, trademark rights are not absolute in this case. If someone else has the same

Yes, but shape trademarks are subject to quite strict requirements. This is because authorities often consider shapes to lack distinctiveness, viewing them as merely decorative. They often believe that consumers

Yes. The appearance of packaging plays an important role in distinguishing  a product from others. This includes the shape of the product as well as its layout. The label or

By using such a mark intensively and over a long period (for example, in advertising campaigns), it may be that consumers start recognizing the sign as a distinctive identifier. In

It is advisable to report a name change or a transfer of ownership of a trademark in a timely manner. If legal action is initiated in a trademark dispute, the

Yes, it is possible to register a trademark under multiple owners. However, it is advisable to establish clear agreements, particularly regarding who will retain the rights to the trademark if

It is advisable to register the licensee in the Benelux trademark register. Only then can a licensee directly claim compensation or profit disgorgement in a legal dispute. An additional benefit

Yes, trade name rights arise automatically when the trade name is actually used. Merely registering the name with the Chamber of Commerce or registering a domain name is not sufficient

A trade name is the name under which a company presents itself in the market. This can refer to the entire business, but sometimes a specific part of the business

Yes, companies often provide advice under the company’s name, positioning themselves in the market under that name. In such cases, the trade name coincides with a service mark. It is

A trademark distinguishes goods and services (indicating the source of the products), whereas a trade name is the name of the business itself. The law also sets different requirements for

A domain name indicates the IP address (Internet Protocol address) of a website. IP addresses are difficult to remember because they consist of programming language. That is why a domain

Often, the dealer contract specifies exactly what is and is not allowed. Additionally, it is not always possible to register a domain name in every country. For this reason, the

Yes, a logo can be a trademark. However, it is important that consumers recognize the logo as a means of identification. An general simple logo is not considered a trademark,

No, domain names themselves do not grant rights. However, owners of older trade names and trademarks can take action against the use of a conflicting domain name. The conflict is