Have you come up with the perfect name for your brand? Great! But before using this name or getting it registered, it is essential to check your brand name. This prevents legal problems and ensures that your brand name is still available. A thorough trademark check protects your investment and gives you peace of mind that you are choosing a unique name. Below we explain how to check your trademark and why professional guidance is indispensable.
What is a brand check and why is it important?
A trademark check is an investigation to determine if a particular trademark name already exists. By checking a trademark registration, you avoid accidentally using a name already owned by another company. Failure to conduct a trademark check can lead to serious legal consequences, such as:
- Legal conflicts with companies that have already registered the brand name.
- High cost For renaming your brand or products.
- Damage to your reputation by an inadvertent breach of trademark law.
Therefore, it is crucial to check your brand name in advance and make sure it is still available.
How can you check your brand name for free?
There are several steps you can take to check your trademark name for free and find out if the name is still free.
1. Searching official trademark registers
Start by checking the Benelux Trademark Register (BOIP). Here you can search for existing registered trademarks in Belgium that may conflict with your name.
2. Control of international trademarks
Do you want to operate internationally? Then it is advisable to also look at international registers, such as the European trademark register (EUIPO) or the global WIPO register. This is especially important if you want to do a trademark check outside of Belgium.
3. Checking trade names and domain names
A trademark check is not complete without checking whether the name is already in use as trade name or domain name. Using a trade name that is very similar to your brand name can still cause confusion. Also check social media platforms to see if the name is already being used.
Why seek professional help with a trademark check?
Although you can do an initial trademark registration check yourself for free, a professional trademark search by an attorney offers many advantages. After all, the process of a trademark check and trademark registration can be time-consuming. By using an attorney, you save time and can focus on what really matters: building your brand.
What we do for you:
- Thorough and comprehensive review of trademark registers: We look for both identical and very similar names. Our lawyers not only check identical names, but also research similar names that could potentially cause problems. This gives you a complete picture of the availability of your trademark in Belgium.
- Support for international checks
Do you want to know whether your trademark is also available internationally? A lawyer will help you with a trademark check in international registers such as the EUIPO or WIPO register and advise you on cross-border protection. - Advice on distinctiveness: Not just any name can be registered as a trademark. A lawyer assesses whether your name meets the legal requirements and is sufficiently distinctive. This prevents your application from being refused by trademark registration authorities.
- Guidance on registration: A lawyer will guide you through every step of the registration process. From preparing a correct application to defending against a possible opposition - you can count on expert support.
Why hire a lawyer and not a trademark agency?
On the Internet, non-attorney firms, such as trademark offices, also offer their services to do an availability search. Yet a lawyer specializing in trademark lawt important advantages to checking a brand name that a trademark agency cannot offer.
- Customized legal advice and protection
A trademark office usually performs a technical check in the trademark register, but does not provide in-depth legal advice. A lawyer looks beyond the available data and can give you concrete advice on the legal risks of your trademark choice, including the possible consequences in case of infringement. - Protection in case of disputes
A lawyer not only has expertise in trademark registration, but is also trained to represent you in legal proceedings. In the event of an objection or conflict over your trademark, a lawyer can act immediately before courts and defend you, while a trademark agency will refer you to a lawyer in such a situation. - Broader perspective on intellectual property
An attorney is knowledgeable not only in trademark law, but also in related areas of law, such as trade names, domain name disputes and copyright law. As a result, you will receive integrated legal advice that takes into account all aspects of your intellectual property. - Confidentiality and professional secrecy
A lawyer in Belgium is bound by professional secrecy (criminally sanctioned), which means that any information you share remains strictly confidential. This is not always the case with a trademark agency. - Complex situations and international strategies
For complex issues, such as international registration or conflicts with existing trademarks, a lawyer offers strategic advice that goes beyond a standard trademark check. A lawyer can create a comprehensive strategy to protect your trademark, both nationally and internationally.
Avoid risks: get your brand name checked
Are you ready to launch your brand? Then first make sure your brand name is available. Good preparation starts with a thorough brand name check. That way, you can avoid legal problems and build your brand with confidence. Whether you are a national or international trademark check, we are ready to help you.
How much does a trademark check cost?
- Flat rate: We check a brand name at a fixed price agreed in advance. No surprises afterwards.
- Reduced rate for startups. If your business is yet to start up or you have been in business for less than 1 year, we will do a trademark check at a reduced rate
- Trademark registration discounts. If you call upon our services to register a trademark with BOIP or EUIPO after the trademark check, you will be reimbursed 50% of the cost of the trademark check.
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