Frequently Asked Questions

Tradenames

What is tradename right?

Tradename rights protect the tradename of a company in a certain area or part of an area for a certain category of goods or services. A tradename is registered in the trade register at the Chamber of Commerce in your region.

What is a tradename?

In The Tradename Act a tradename is a name under which a company is conducted. It could be words or a combination of words, but also abbreviations and even figures.

Is a logo of a tradename also protected under the Tradename Act?

No, the protection of the tradename is limited to the name itself. Elements of the logo are excluded from protection. Logo’s can be protected by a trademark registration.

How does a tradename right exists?

A tradename right does not excst by register in the trade register at the Chamber of Commerce. That is a misunderstanding. The right exist by using the name not by registration.

Is it possible to license a tradename?

Yes, it is possible to license a tradename. The tradename still will be your property.

Is an availability search of a new tradename obligatory?

No, but it is recommended. If you don't do an availability search you will run the risk that after a period of time you will be forced to discontinue the use of your tradename, because it is an infrigment of an others right.

Which tradename searches are recommended?

It is recommended to conduct a search within the own industry for names already used. A search has to be made in the trade register of the Chamber of Commerce. It is also necessary to search in the Trademark register with older trademark rights can also constitute conflicts to a new tradename.

Trade Marks

What can be protected as a trademark?

Words, logo’s or a combination of a word and a logo. Only trademarks with distinctive characteristics can be registered. When a word describes the goods or services it can not be registered.

What conditions does a product or service have to meet to qualify for protection under trademark rights?

Any sign used to distinguish a company’s product or services can in principle be regarded as a trademark.

What is a word mark?

By registering a word mark in the trademarks register, you obtain the exclusive rights to the word.

What is a word/pictorial mark?

By registering a combined word/pictorial mark in the trademark register, you obtain the exclusive rights to the spelling (font) and the colours in combination with the words and or signs in their entirety.

What is a pictorial mark?

By registering the pictorial mark in the trademark register, you obtain the exclusive rights to the logo.

What is classification?

A mark is registered under one or more classes. You have to split your products and/or services into classes before an examination can take place or an application for registration can be filed. There are 45 classes. Each class represents a group of goods or services. A classification takes place on the basis of your product or service. Click here for an overview of the classification.

Click here for an overview of the classification.

Can I register my tradename as a trademark?

Yes, if your trademark is your tradename. A tradename can be registered as a trademark if your services are important.

How long is my trademark protected?

Your Benelux and European trademark registration last 10 years (from your registration date) and can be renewed for a period of 10 years a time. With the International registration it can be different per country.

When does my protection start?

Your mark will be protected from the moment that your application has been filed. And after the decision as to whether or not the mark meets the requirement necessary for being registered.

Do I get right by using my trademark?

No, the trademark right comes only into being by registration in the trademark register.

What is a trademark registration?

A trademark is a sign used to distinquish a company’s products or services.

Is it possible to license a trademark?

Yes, it is possible to license a trademark. The trademark will still be your property.

What is an individual trademark?

Any sign used to distinquish a company’s products or services can in principle be regarded as a trademark. The following items are distinquished as eligible for protection under trademark rights: distinctive names, slogans, marks, shapes, colours, sounds, smells and images.

What is a collective trademark?

Trademarks that serve to distinquish one or more common characteristics of goods or services, originating from different companies, mainly act as quality marks. For example, the KEMA - keur, the woolmark etc.

What is an opposition?

The opposition is a simple procedure that gives the proprietors of previous trademark rights the opportunity to object against a later trademark registration, if there is a risk of confusion.

Design rights

What is a drawing?

A drawing can is two-dimensional for example a pattern of textile or fabrics.

What is a model?

A model is three-dimensional such as furniture’s, clothing, toys and packing.

What are the requirements of filling an application for registration under the Design Act?

One of the requirements of filling an application for registration is that the appearance of the product must be novel. Novel is taken to mean that the product’s appearance did not enjoy de facto notoriety in the industrial of commercial circle concerned for a period of 50 years prior to the date of filling. The product itself does not have to be novel.

What is a single design?

A single design consist of one design.

What is a multiple design?

A multiple design consists of several designs.

How long is my design protected?

The period of protection for a drawing or a model is 5 years. Design rights can be renewed 4 times and thus extended by a period of 5 years each time. Design rights protects for a maximum of 25 years.

Is it possible to license a design?

Yes, it is possible to license a design. The design still will be your property.

Patents

What is patent right?

Patent rights protect novel inventions that are based on inventive steps and that can be used in some form of industry.

What is a patent?

A patent is the exclusive right you have on your invention. With this right you have the opportunity to object against infringement.

What kind of patents we have?

We have patents that are valid for a period of 6 years or 20 years.

What are the requirements to meet eligibility for protection an invention?

It must be novel, inventive and it must be capable of being used in some form of industry.

Cultivator’s Rights

What are cultivator’s rights?

The old rights of cultivation are in 1967 replaced for the seeds and vegetables law. This is a renovated arrangement of cultivator’s rights. This arrangement offers protection for cultivation of products of farming and horticulture products (plants and fruits).

Chip Protection

What is chip protection?

Also called Topographic rights. This is a guideline that offers, protection for topography’s and semiconductors products.

Copyright

What is copyright?

This right offers protection for literary, scientific and artistic works.

How does copyright come into being?

A copyright comes into being through the creation of a work that has its own original character and must carry the creator’s personal stamp.

How long is my copyright protected?

The copyright ends seventy years after the creator has died. The copyright is inherited automatically by the legal or testamentary heirs

Which conditions does an object have to meet in order to enjoy copyright protection?

An object has to be original. ’Original’ is taken to mean: ‘’that a piece of work has to have its own original character and must carry the creator’s personal stamp’’. This means that protection of purely technical or functional elements are excluded from protection under copyright. Particular styles or fashions are also excluded from copyright protection. To be protected, it is important that the object in question is concrete.

Neighbouring rights

What are neighbouring rights?

The neighbouring rights offer protection for public performances of dramatic and musical works by performing artists, recordings by record producers, etc.

What rights are provided by the Neighbouring Rights Act?

Neighbouring rights law provides performing artists, broadcasting networks and producers of sound carriers with the exclusive right to grant permission for the reproduction, publication and exploitation of their work. As a rule, everyone who is given such permission must pay a fee for this.

Can neighbouring rights be transferred?

Yes, like copyrights, neighbouring rights are also transferable. The rights must be transferred in writing.

Database rights

What is a database right?

Database right is a supplementary right on copyright since 1999. it concerns the right a producer of a database.

Domain names

Are there rules for domain name registration?

As far as the registration of domain names is concerned it is still a matter of ‘’first come, first served’’. It is important, even if your plans are not concrete yet to claim your company or product name as soon as possible.

What is a Top Level Domain?

A Top Level Domain (TLD) is that part of a domain name behind the dot. For example .nl for The Netherlands, is a country code Top Level Domain (ccTLD). When the part behind the dot is for general purpose only and it is not a country name, for example .com, it is called a generic Top Level Domain (gTLD).

Who can register a .EU domain name?

Companies, organizations registered in the European and anyone based in the European Union can register a .EU domain name as long as it is available.

I have a EU trademark but my company is based outside the European Union. Can I register a .EU domain name?

No, only companies or persons registered or based in the European Union can register a domain name.