It’s understandable that you first want to get your logo right. You may not think about the protection of your logo, which is why we want to inform you about the possibilities. The registration of your brand name, logo, and/or slogan is the work of specialists. Therefore, Hummingbirds will make you aware of the real risks during the development of your identity and then, if desired, connect you with our specialized partner. This recognized trademark agency is authorized for trademark registration.
It is assessed in which classes/industries your brand can fall and in which countries you should best register
What is a trademark?A trademark is any ‘sign’ that distinguishes products or services and can be graphically represented. Such a sign can be a product name or company name, but it also includes personal names, logos, letters and numbers, and even colors, shapes of packaging, slogans, and portraits.Why register?A trademark that is not registered in an official Trademark Register is free for all. Anyone can copy and use it. Registering (also called filing) as a trademark provides legal protection against that. As the trademark holder (owner of the trademark), you can decide whether your trademark is registered for a single country, the Benelux, Europe, or worldwide. You also choose the industries, referred to as classes in trademark language, for which the protection should apply.The registration processThe right to a trademark arises on the date you apply for registration. From that date, the trademark is legally protected. However, you can only derive rights from the trademark from the moment it is officially registered in a Trademark Register (a maximum of 3 to 4 months for the Benelux, 5 to 8 months for Europe). Applying for such registration is subject to legal and statutory requirements. This paperwork goes through a trademark agency for a fixed fee. Our partners are recognized trademark representatives and ensure an adequate and legally sound registration of your trademark(s).Monitoring your trademarkThrough the Trademark Register, you are expected to monitor whether others infringe on your trademark rights! This is, of course, an impossible task. Therefore, Hummingbirds can connect you with the right partner for monitoring the rights of your trademark.
Are you sure that your business name, word mark, or image mark is not already registered by someone else? You will only find out when that other party objects to your registration. In that case, your registration costs are lost. But it can also take years for that other party to discover that you are actually infringing on their rights. Then you will also have to destroy packaging, documentation, and advertising materials and start again under a different name. So, if you are about to invest a lot in a new (product) name, brand, and/or image mark, it is wise to first conduct research into existing rights.
Even the Benelux Trademark Register receives about twelve thousand applications for new trademarks every month. If someone else wants to register your trademark (or something very similar), they have a very good chance of success, as the Trademark Register has no authority to act against this. The Trademark Register only registers and assumes that you will monitor to what extent new applications infringe on your trademark rights! It is up to you to object to that.
How do you know if there are competitors around? By checking the new applications at a register every day. This is an impossible task for an entrepreneur, but not for the recognized trademark agency we work with. They can compare your registered trademark(s) daily with new applications. This way, they can signal potential infringements and advise you on the actions to take.
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