Searches and surveillance

Trademark searches

De Vries & Metman offers the possibility of performing an investigation into the availability of a trademark or design before the relevant application is filed. It may save costs if you know beforehand whether a trademark or similar trademark already exists or whether an older trade name must be taken into account (see information under Other IP Rights).

If you wish to have a domain name registered, it is important to search for not only existing domain names, but also existing trademarks, since practice has shown that the owners of registered trademarks can successfully object to domain registrations.

Various searches are possible, such as a search for word marks and/or logos in the product and/or service classes that are important to you, or a trade name or domain name search, either in the Benelux countries, in Europe or internationally. Combinations of these searches are also possible.

Finally, it is possible to perform a search into the use that is made of trademarks and trade names. If an existing trademark has not been used for five subsequent years, it is no longer legally valid and can be cancelled on request (see information under Benelux trademarks).

 

Costs

The costs vary, depending on the scope of the search, the number of product classes, and how fast you wish to receive the outcome. For a simple word mark search in the Benelux countries, Europe or internationally, you must take into account an amount of approximately € 90 to € 180.

 

Trademark surveillance

In the event of trademark infringement, the trademark owner has various means of enforcement and various sanctions at its disposal. First of all, the trademark owner can claim an injunction on any further use of the trademark, possibly in combination with, for instance, an attachment on the infringing products or a claim for damages or the surrender of profit.

If your trademark has been registered, it is therefore important to be on the alert for any infringement of your trademark right. Numerous trademark applications are filed every day. It is usually impossible for the trademark owner itself to establish whether an attempt is being made to register an identical trademark or corresponding sign. Trademark infringement is usually not discovered until the trademark owner is already incurring a loss.

Moreover, if the existence of a trademark registered at a later date is tolerated for a period of five years, which may give rise to a situation in which opposition to that later trademark is no longer possible. It is therefore important to keep oneself informed of any younger similar trademarks.

De Vries & Metman has a worldwide surveillance system that allows us to draw your attention to any attempt to register a similar trademark. On the basis of that warning you can then decide, in consultation with us, whether and, if so, what measures should be taken to safeguard your trademark right.

 

Costs

We have various custom-made surveillance options in the Benelux countries, Europe and internationally. The costs of the various options vary and can be adjusted to your wishes.

For further information please contact De Vries & Metman.