Trademark protection & trademark monitoring: what to do after registration?

Introduction

For you as a business owner, it is very important to protect your trademark. This starts with registering your trademark, but this process does not stop there. It is still necessary to continue to monitor your brand. The complete process from trademark registration to trademark monitoring is called trademark protection. This allows you to protect your business and prevent other companies from taking advantage of your success.

What is trademark protection?

Trademark protection is protecting your brand by registering it and continuing to monitor it. This prevents others from infringing on your trademark, copying your products or using a name or logo very similar to yours without your permission. Trademark protection consists of two elements: trademark registration and guarding the trademark after it is registered.

What is trademark registration?

It is important to know where to apply or register your trademark protection. Trademark protection begins with registering your trademark. Your unique brand or name will determine the success of your business. Once you have built a strong brand, you want to prevent other companies from offering the same products under (almost) the same name. After all, that confuses your customers and can lead to loss of sales or damage to your image. That is why it is important to register your trademark in the BOIP trademark register. BOIP is the Benelux Office for Intellectual Property and is the official body for registering trademarks and designs in the Benelux.

Trademark protection in Europe: how does it work?

If your trademark is in the BOIP trademark register, then your trademark is only protected in the Benelux. If you want to use your trademark in other countries, it is important that you register it there as well. For trademark protection is Europe, you need a European registration. Only one registration is needed to get protection in all countries of the European Union. You can apply for the registration of a so-called Union trademark at the Intellectual Property Office of the European Union (EUIPO). Note that this refers to the European Union, which does not include countries such as Norway, Switzerland and the United Kingdom and Iceland.

Protecting your brand globally

If you want to register your trademark beyond EU countries and operate globally, for example, you can do so through the Madrid System. This system is administered by WIPO , the World Intellectual Property Organization. You indicate to WIPO for which countries you want trademark registration, after which WIPO sends your application to the trademark authorities of those countries. If you want to file your trademark with a country that is not a member of the Madrid System, you must follow the registration procedure of that individual country.

Cost of protecting your brand

Protecting your trademark at BOIP can start from 244 euros. Protecting your trademark at the EUIPO can start from 850 euro and protecting your trademark at the WIPO depends on the number of countries in which you want to protect your trademark. You can use this handy WIPO calculator.

What is brand monitoring?

A trademark registration alone won't get you there. To know if your trademark rights are being infringed, you have to constantly monitor what's happening in the marketplace and whether companies want to register a trademark that is too similar to yours. That's trademark monitoring. It is necessary because otherwise you will not be able to object to the registration of that trademark in time. If you do not take action, your rights will be diluted and the infringer can simply go about his business. Unfortunately, it is impossible to monitor your trademark manually and check international trademark registrations every month. Therefore, 96 percent of the organizations that register a trademark choose software to perform trademark monitoring.

How does brand monitoring work?

This software checks all new trademark registrations. You get a notification as soon as the software detects a trademark registration application that is too similar to yours, plus a multi-level risk analysis. Is the risk high for your company? Then you can object immediately and, with the help of a trademark protection lawyer, stop the registration of that new trademark. That starts with a summons, asking you to withdraw the application for registration. If that doesn't work, you can take legal action.

Trademark protection lawyer: bringing in legal expertise

Intellectual property law and trademark law are complex legal topics. Therefore, if you have questions, it is advisable to hire an expert trademark protection attorney who knows all the ins and outs of the law and knows exactly what is needed to protect your trademark.