The information on this page may provide the answer to your question about trademark infringement. If it does not, or if you would like our advice about a specific subject, please do not hesitate to contact us.
I HAVE DETECTED AN INFRINGING TRADEMARK. WHAT DO I DO?
You must actively defend your trademark to protect your interests. In case of infringement, Knijff will first establish your legal position. We will advise you by way of a brief and practical report and assist you as and when necessary. We can object to the infringing trademark application or use of a trademark on your behalf by sending a cease and desist letter to the counterparty. Often, we will be able to reach an agreement with the other party. An opposition procedure may also be filed with the trademark office. This opposition procedure is subject to strict deadlines and means you must act swiftly. The trademark office will decide on the registration of the filed trademark. However, this does not say anything about the use of a trademark. That is something we must arrange with the other party. Unless parties really want to take matters to court, we will always aim to find an amicable settlement. All of Knijff’s trademark attorneys are recognised and can represent you in legal proceedings before the Benelux and European Trademark Offices.
I AM BEING ACCUSED OF TRADEMARK INFRINGEMENT. WHAT DO I DO?
Does another party object to your trademark, company name or domain name? Things aren’t necessarily as bad as they seem. For instance, a demarcation of the interests may often lead to a solution that benefits both parties. Knijff has extensive experience in disputes like these and will give you realistic and pragmatic advice upon analysis of the situation.
Nobody likes a trademark infringement. Sadly, it is an illusion to think that they can be avoided. There will always be those wanting to benefit from trademarks that are doing well. What is important is that you have a trademark registration, allowing you to act against infringements. Without registration, no rights! It is also important that you detect any infringements as soon as possible. There are two ways to do so. The first is that you keep a close eye on your own market and your competitors. If you detect an infringement, you must notify us immediately. It is also important to keep an eye on the trademark register for new infringing trademark applications. You can use our watching service for this. You will receive an infringement alert the moment a possible infringement is found, allowing you to take action swiftly and follow the right objection proceedings.
Do you want to know more about the Knijff watching service?
SHOULDN’T THE TRADEMARK OFFICE REFUSE SIMILAR TRADEMARKS?
Many people think that a Trademark Office like the Benelux Office for Intellectual Property will refuse applications for similar trademarks. Unfortunately, this is often not the case. You will have to take action yourself in case of a similar trademark being registered. That is why it is essential that your trademark is watched. You will be notified the moment we detect a similar trademark application.
If you find that your products are being copied, Knijff can help you. Together with Stichting Namaakbestrijding (SNB) we will actively protect your products against counterfeit products.
We can also help you to take action. If you report your products to customs organisations by means of a “request for custom action”, customs will specifically target products infringing your trademark rights. These products can then be stopped as soon as they enter the country. The sender or recipient will be requested to surrender the shipment for destruction. As this generally prevents parties having to go to court, this approach is very effective and cost-efficient. Knijff will be pleased to organise the customs actions for you. We work with React, a non-profit organisation in the fight against counterfeit.
Do you want the best protection for your trademark against infringement and counterfeiting?