To assure the defence of your trademark it is important to monitor new applications that may be confusingly similar with your trademark and to react against such application before it becomes registered.
Monitor your trademark
Novagraaf's trade mark watching system keeps you informed of new applications and potentially conflicting trademarks. You can therefore keep a close eye on your markets, enabling you to take prompt action when needed to maintain a strong commercial position.
Our trade mark watching service compares all types of newly filed trade mark applications in the Benelux and worldwide with the trade marks of Novagraaf clients. You are notified the moment the system encounters a trade mark which closely resembles or is the same as your trade mark.
In the Benelux and in most other countries, there is a relatively quick and inexpensive way of objecting to new trade mark applications, known as the opposition procedure. So when you are notified of an application for a trade mark that is identical or similar to your own, you can inform the registration body that you intend to oppose its registration. As part of the trade mark watching service Novagraaf warns you of the deadline for the submission of an opposition well in advance.
Trademark conflicts
This is unfortunately an everyday occurrence. You may find during the application procedure that someone else claims to have rights to your trade mark. Even when you have registered your trade mark, someone else may file an application for or use a trade mark that is very similar to yours.
Your business may have grown so quickly that your trade mark is not yet protected in the countries where you operate and someone else claims to have trade mark rights there. In all these and similar cases, Novagraaf's experienced attorneys will be happy to assist you with advice on the action to be taken.
We are qualified to deal with cases in the Benelux and the European Union but if a problem arises in a country outside these territories, we seek specialist advice from the relevant attorney in our worldwide network of associate firms.
Oppositions
In most countries there is an opposition procedure that enables you to argue against the registration of a trade mark that resembles yours if there is a likelihood of confusion between the two marks.
You must give notice that you intend to oppose the conflicting mark within a specified period. If you subscribe to Novagraaf's watching service, you will be notified of the dates of the opposition periods in good time.
Opposition procedures are often easy to initiate and are also a lot less expensive than court proceedings. Novagraaf attorneys are experts in these procedures and will look after your interests.
To contact us or if you have a question for one of our consultant, kindly fill in the contact form below and we will answer you shortly (* = required fields):
