STEP 1: SEARCH – CRUCIAL BEFORE USING AND REGISTERING YOUR MARK
Before you register your variety tradename as a trademark, it is advisable to search pre-existing trademark and variety denominations. With a million marks in the European trademark register alone, there is a very real chance that another company has already claimed an identical or a confusingly similar mark.
A database search allows you to assess whether your mark is in fact available and does not infringe prior rights. This helps preventing claims for damages or a forced termination of the use of your mark. All in all, having a search performed is a small investment considering the potentially huge (financial) consequences.
Knijff has developed a search tool especially for the horticultural sector. It searches not only for objectionable marks, but also for variety denominations that could frustrate use and registration of your trademark.
This search will help you define the various risks and make an informed decision whether to continue with the chosen variety tradename or to choose an alternative to prevent later problems.
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STEP 2: KNIJFF HAS YOUR VARIETY TRADENAME REGISTERED
If your variety tradename is available, you can use and register it as a trademark. Based on the information received from you, we will draw up a proposal for the trademark application including a specification of the goods and/or services for your review. If you are in agreement, we will file the trademark and monitor the whole registration procedure and all deadlines.
STEP 3: WATCHING, TO KEEP INFRINGERS AT BAY
Once the variety tradename has been registered as a trademark, you obtain the exclusive right to use this trademark. Based on this right, you can oppose the use and registration of similar marks, variety tradenames, domain names and even variety denominations. However, remember that as the proprietor you have to take initiative to take action against infringement to defend your mark!
Knijff’s watching services helps you keep track of infringements. We can notify you as soon as an application for an infringing mark is filed. Monitoring enables you to act promptly to limit the damage and to save legal fees.
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SPECIALIST ADVICE IN CASE OF INFRINGEMENT
Are any of your competitors infringing your trademark? Then you can rely on Knijff to take action immediately. We have extensive knowledge of the horticultural sector and we can pinpoint likely areas for confusion and infringement. Our approach takes into account the rights to your marks, trade names and plant varieties.
Are you being accused of infringing another mark? We are the ones to turn to for help. With our knowledge of the industry and by performing a search in the register of trade marks and variety denominations, we can establish your legal position and see if there is room for defense, negotiation or even a counterclaim.
Do you have any questions about trademark protection in the horticultural sector?
It is important to protect the variety tradename of your cultivar or product series. You can do this by having the variety tradename registered as a trademark.
