Experienced lawyers for your brand in Belgium
Are you looking for an experienced trademark lawyer in Belgium? With over 20 years of expertise, Mr. Joris Deene and the team at Everest Advocaten are ready to guide you through all aspects of trademark protection and enforcement. Whether you are an entrepreneur seeking to register a new trademark, a company facing trademark infringement, or an organization seeking to optimize its trademark strategy - we take care of your trademark interests.
When trademark conflicts or registration issues arise, prompt and expert legal advice is essential. Our specialized trademark lawyers combine in-depth legal knowledge with practical experience in numerous trademark cases before Belgian and European authorities.
Contact us today for a personal consultation by calling +32 (0)9 334 94 70 or joris.deene@everest-law.be
What is trademark law and why is trademark protection crucial?
The trademark law protects the distinctive marks (such as names, logos, colors or shapes) you use to distinguish your products or services in the marketplace. A strong, protected trademark is essential for:
- Discernment in a competitive market
- Protection against counterfeiting and unfair competition
- Building brand equity as a major business asset
- Exclusivity When using your brand name and logo
- Consumer confidence and brand recognition
In Belgium and the Benelux, trademark law is governed by the Benelux Convention on Intellectual Property (BTIP), while at the European level the Union trademark applies. These complex regulations require specialized legal knowledge to optimally protect your trademark rights.
Our services as trademark lawyers
1. Brand Research and Availability Research.
Before investing in a brand name, it is essential to check if your brand name is still available:
- Thorough research to identical and similar brands
- Analysis of trademark registers (Benelux, EU and international)
- Risk analysis Of potential conflicts with existing brands
- Legal advice On the availability and protectability
- Strategic advice About alternative brand options if needed
2. Trademark registration and protection
We will guide you through the entire process of trademark registration in Belgium and abroad:
- Preparation of trademark deposits Before BOIP (Benelux), EUIPO (EU) or WIPO (international)
- Strategic classification of goods and services according to the Nice classification
- Monitoring registration procedures and representation at trademark offices
- Defense against oppositions From third parties during registration
- Renewal and management of your brand portfolio
3. Enforcement and protection from infringement
In cases of (suspected) trademark infringement, we offer effective legal assistance:
- Notices of default and reminder letters to offenders
- Negotiations On cessation and compensation
- Seizure regarding counterfeiting before collection of evidence in case of suspected violations
- Strike Procedures For rapid cessation of violations
- Proceedings on the merits For compensation and recognition of your rights
- Customs measures Against counterfeit products at the border
4. Opposition and nullity procedures.
We represent you in proceedings at BOIP and EUIPO:
- Opposition Procedures Against applied-for brands that are too similar to your brand
- Nullity procedures Against falsely registered trademarks
- Defense against oppositions or nullity claims by third parties
- Appeals against decisions of trademark offices
- Amicable settlements as an alternative to lengthy procedures
5. Strategic brand advice and contracts.
Our expertise also includes the commercial aspect of trademark rights:
- Drafting and reviewing Of trademark licenses and franchise agreements
- Transfer contracts When selling or acquiring brands
- Due diligence Of brand portfolios in acquisitions
- Co-existence agreements With holders of similar brands
- Brand Rating and advice on exploitation of trademark rights
6. Domain name disputes and online trademark protection
In the digital age, online brand protection is essential:
- Domain name registration and protection
- Procedures against cybersquatting (abusive domain name registration)
- Enforcement against online infringements on social media and marketplaces
- Advice on e-commerce and online use of brands
- Protection against unauthorized trademark use in ads
Assistance for both trademark owners and alleged infringers
Our trademark lawyers assist both trademark owners and alleged infringers:
For trademark owners:
- Proactive protection of your trademark rights
- Enforcement Strategies against infringers
- Maximizing brand value through optimal legal protection
For alleged infringers:
- Assessment of alleged violations and defense strategies
- Negotiation With brand owners on solutions
- Defense against unjustified claims of infringement
- Advice on exceptions and limitations of trademark rights
Why choose our expertise in trademark law?
When you choose Mr. Joris Deene and the team at Everest Lawyers, you choose:
- Specialized expertise - More than 20 years of experience in intellectual property rights
- Recognized authority - Mr. Joris Deene is a member of BMM, the Benelux association for trademark and design law
- Official recognition - Member of the Intellectual Property Council advising the Minister of Economy
- Extensive experience - Representation in numerous trademark proceedings for both rights holders and infringers
- International expertise - Experience with cross-border trademark issues
- Hands-on approach - Pragmatic solutions to complex trademark law issues
- Personal approach - Direct contact with your specialized trademark lawyer
Frequently asked questions about trademark law
What is the difference between a trademark, a trade name and a company name?
A trademark protects distinguishing marks for products or services through registration. A trade name is the name under which a company trades and is protected by use. A company name is the official name of a legal entity and is protected through corporate law.
How long does trademark protection last in the Benelux?
A trademark registration in the Benelux is valid for 10 years and can be renewed indefinitely for new 10-year periods as long as the trademark is used and renewal fees are paid.
Can I apply for a patent for my brand name?
No, a patent (patent) protects technical inventions, not brand names. For your brand name, you need a trademark registration, not a patent.
Do I have to register my trademark in every European member state?
No, you can choose a Benelux registration (valid in Belgium, the Netherlands and Luxembourg) or a Union trademark valid in all EU member states. For countries outside the EU, you can use the Madrid system.
Can I take action against a similar domain name?
Yes, as a trademark owner you can take action against domain names that infringe your trademark rights, for example through proceedings at Cepani (for .be domains) or WIPO (for .com and other generic domains).
What do I do if someone uses my brand on social media?
If your trademark rights are being violated on social media, you can take action both directly through the platforms and through legal avenues. Our attorneys can advise you on this.
When does trademark infringement occur?
Trademark infringement occurs when a third party uses an identical or similar sign for the same or similar goods/services without permission, which may cause confusion among the public.
What is the cost of a trademark registration?
The costs vary depending on the territory (Benelux, EU or international) and the number of classes in which you want to register your trademark. We will be happy to provide you with a transparent cost estimate.
Contact with our trademark lawyer
With our expertise as trademark lawyers, together we build strong, legally protected trademarks that are a valuable asset for your business.
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