What is a trademark?
A trademark is a sign which identifies and distinguishes your product and services from those of your competitors. In order to be distinctive a trademark must be unique and not based on daily vocabulary or “dictionary words”. Trademarks serve the purpose of clarifying identity and avoiding confusion.
Your trademark may consist of:
- a word/name (or different words/names)
- a combination of letters and/or numbers
- a design (logo)
- a three-dimensional shape (package design, …)
It can even be:
- a colour or a combination of colours
- a sound (jingle)
or a combination of any of the above.
Commercial names, Trade names, Unregistered trademarks
Depending on applicable national laws, commercial signs such as trade names, well-known unregistered marks and domain names enjoy some protection. For example, in Belgium a trade name is a sign which is used to distinguish activities carried out by a company.
The right to use a trade name is accorded to whoever has the first visible, public and continuous use of said name (without the need for a registration).
A trade name should not be confused with a trademark. While a trade name distinguishes one company from another, the goal of a trademark is to distinguish the products or services of one company from those of another company. In addition, a trademark offers an exclusive right to prohibit use throughout the entire area where it is registered, which is not the case for trade names.
A descriptive name (“commercial name”) for a product is not a trademark. A descriptive product name can be protected by associating it with another brand or trademark.
What is a registered trademark?
A registered trademark provides a legal protection for a product or service name. You have an exclusive right to use it (monopoly) and to prevent others from using an identical or similar trademark for identical or similar goods or services. Trademarks can only be registered if they are clearly distinctive and unique.
Trademarks are registered by classes (45 different areas of application) and by country. While each registration for one class and one country (or group of countries when agreements exist) may appear to be relatively low in cost, costs are quickly multiplied as classes and countries increase. Certain countries also apply very high registration charges. The registration fees are paid for a 10-year period. These “visible” charges are also increased by the cost of using our own staff and external IP lawyers, to make the registration, and by the cost of regularly renewing the trademark and of defending it in case of infringements by third parties.