Trademark: practical guides and steps

A trademark distinguishes your goods or services from those of competitors. It can take the form of a name, a logo or a slogan. This page helps founders and managers protect that sign before someone else takes it.

Company name, trade name and trademark

People often mix up these three concepts. Yet they do not protect the same thing. The company name identifies the company in its articles and in the CBE. The trade name designates the brand under which you operate. Finally, the trademark protects a sign for specific goods or services.

Recording a name in the CBE therefore creates no exclusive right over the sign. A competitor could even file that name before you. To avoid this trap at the outset, read our article on choosing a company name.

How to register a trademark in the Benelux

In Belgium, filing goes through the Benelux Office for Intellectual Property. A single registration thus covers Belgium, the Netherlands and Luxembourg. The BOIP website lets you file online. The procedure follows a few simple stages.

Protection lasts ten years. You can then renew it indefinitely. For a wider market, an EU trade mark covers every member state. Our file on registering a trademark in Belgium and the Benelux covers costs, timelines and strategy.

Points to watch

Some mistakes weaken protection from day one. First, a purely descriptive term offers weak protection. "Fast Accounting" describes a service without distinguishing it. Second, classes that feel too narrow leave related activities exposed. Conversely, classes that stretch too wide raise costs and the risk of opposition.

In addition, a prior rights search remains essential. A similar mark already on file can block your project years later. Finally, a trademark left unused for a long time invites a challenge. So make sure you actually use it. Also keep dated proof of use, such as invoices or screenshots of your website.

Keeping your trademark alive

Registration alone does not suffice. Watch for new filings close to yours. React quickly to imitations, since oppositions follow short deadlines. Also frame its use in your licence or distribution contracts.

This protection fits into a wider strategy. Indeed, contracts, insurance and intellectual property work together. For an overall view, consult our file on the legal protection of your business. A well chosen trademark becomes a valuable asset that gains worth over the years.