Companies invest much to position themselves in the market. The company’s name, the logo, the trademarks of products, all are important identifiers for consumers. Protect it through trademark registration and design registration.
Companies invest much to position themselves in the market. The company’s name, the logo, the trademarks of products, all are important identifiers for consumers. Signs that separate one company from another. But a trademark is more than just a distinguishing mark. It symbolizes the goodwill built up by the company and thus represents a large financial value for the company. Protect your goodwill therefore.
Trademark rights in most countries are not acquired by use of a sign but only by registration. The registration of a domain name or a trade mark gives no rights! Only registration of a sign as a trade mark shall confer these rights.
For successful expansion of activities, it is therefore wise (actually necessary) to request protection for the most important signs. Think not only of names, but also of: logos, slogans, special packaging, shapes of products, colors, smells, videos and all other identifiers that a company could use to position itself in the market. Only if these characters are registered as a trademark, can one invoke any rights in case of, for example, trademark infringement or to claim priority of new domain names.
Styling and design have an increasingly important role during the creation process. It is clear that the design of a product can have its own place on the market (or with packaging on the shelf). This is not only the case for 3-dimensional objects such as a car, toilet bowls and coffee packs but it also applies to two-dimensional designs such as logos, design sticker sheets, wallpapers or diagrams.
With a design registration, the visual characteristics of products / packaging etc. are protected. Many companies rely on copyright (which occurs naturally and automatically) to provide sufficient coverage. In a conflict, however, the other party will contest the existence of copyright. A design registration is therefore a perfect alternative to proof the existence of certain rights. In case of a conflict the court will assume the legal validity of a design registration. This also has a greater deterring effect on possible copy cats (at relatively low cost).
Not every design may be registered. Legally, it is necessary that the design is new and has an individual character. In many countries complete novelty is necessary. Simply put, the new product / new design may not have been shown anywhere in the world. So register your design first before the design is displayed. In Europe (and a few other countries), it is possible, even after the first disclosure to file an application. In most countries, within one year after the first publication / disclosure the design should be registered. The duration of design protection in the UK (and Europe) is 5 years and can often be extended to end 25 years. To check whether a product is new, most designers do advance searches online. A design search provides additional information on similar designs registered elsewhere.
The individual character of a design is another aspect, and can best be described as the designer adding something unique / creative to the product. Through this unique element the new product takes its own place between all existing products. It does not apply to the functional aspects (how the shape of a product may be useful useful), but especially to the unique aesthetic aspects which give the product its own face.
Frambozenweg 109-111
Postbus 2134
2301 CC LEIDEN
Tel: 071-5763116
Fax: 071-5768947
E-mail: info@abcor-ip.com
Visiting address Southern part of The Netherlands
Spoorlaan 460
5038 CH TILBURG
Visiting address Belgium
Rubensstraat 104/59
TURNHOUT 2300
Abcor is a member of the following industry and quality organizations: Benelux Association of Trademark and Design Law, International Trademark Association, Advertising Law Association.
