Together, we will work on a practical roadmap and also keep a close watch on costs.
For a new trademark it is important to check whether the trademark is available whether there are previous rights of third parties and whether the trademark can be registered.
If you include us in the development of a new brand at an early stage , we can think along with you.
In practice, we see a lot of proposals for descriptive brands, meaning that the brand describes the product or service. These are brands that are often hard to protect. A proper brand protection should be distinctive, not descriptive. It is important to take this into account when choosing a new brand.
Organize, for example, a brainstorm session with a number of people with the idea that all terms used to describe the product or service, are unacceptable. Go for creativity.
Searching in advance is necessary to determine if the brand is available. If you do not do the search you run the risk of being overruled because someone else already has the brand. Depending on the stage at which this happens, the consequences could be severe.
We always advise you to explore the Internet first. It will cost you nothing and you have a first impression right away . If you can find the brand and there is an overlap with your plans, you may consider stopping at an early stage and explore another option. Do not forget to check whether the domain name is still available.
Eric is partner in Bakker & Verkuijl. He is a specialist in brand protection for more than 30 years and has extensive experience in EU and international procedures. Eric is a BMM Certified Trademark Attorney.
Astrid is founder and co-owner of Bakker & Verkuijl. She is a specialist in brand and design protection for more than 25 years and a BMM Certified Trademark Attorney.
In addition to trademark and design protection Adri also focuses on domain names. Adri is co-owner of Bakker & Verkuijl and a BMM Certified Trademark Attorney.
