Are you looking for a trademark attorney in Belgium? As an entrepreneur, you spend years building your company’s name and reputation. A strong, properly protected trademark prevents competitors from capitalizing on it. Mr. Joris Deene guides you through every stage: from the availability search and trademark registration to opposition proceedings, enforcement in the event of trademark infringement, and litigation before the Belgian courts.
We represent both trademark owners and alleged infringers in the Benelux and at the European level.
Call +32 (0)9 334 94 70 or email joris.deene@everest-law.be for a no-obligation consultation.
Why choose our expertise in trademark law?
- A recognized authority on intellectual property. Mr. Joris Deene is a member of the BMM, the Benelux Association for Trademark and Design Law, and a member of the Intellectual Property Council, which advises the Minister of Economy.
- More than 20 years of experience in intellectual property law, representing clients in numerous trademark proceedings on behalf of both rights holders and infringers.
- Leading knowledge platform. Our ICT/IP team regularly publishes in-depth analyses on ictrechtswijzer.be regarding trademark law and related fields. This daily immersion in case law directly translates into the quality of your case.
- International Experience involving cross-border trademark issues.
- A personal, pragmatic approach. Direct contact with your attorney, clear communication, and transparent fees.
What is trademark law and why is trademark protection crucial?
Trademark law protects the distinctive signs (names, logos, colors, shapes, sounds) that you use to distinguish your products or services in the marketplace. A registered trademark is essential for:
- Discernment in a competitive market
- Protection against counterfeiting and unfair competition
- Building brand equity as a 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 (BCIP). At the European level, there is also the EU trademark under the EU Trademark Regulation. Both systems operate in parallel: a Benelux trademark is valid in Belgium, the Netherlands, and Luxembourg; an EU trademark is valid in all EU member states. This layered structure requires a well-thought-out protection strategy.
Our services as trademark lawyers
1. Trademark Search and Availability Search
Before you invest in a brand name, we check whether the mark is available and eligible for protection:
- Thorough investigation of identical and similar older trademarks
- Analysis of trademark registries (Benelux, EU, international)
- Risk Analysis of Potential Conflicts with Existing Rights
- Advice on registrability (distinctiveness, grounds for refusal)
- Strategic advice on alternative branding options, as needed
2. Trademark registration and protection
We guide you through the entire registration process:
- Preparing and filing trademark applications with BOIP (Benelux), EUIPO (European Union), or through WIPO (international, Madrid System)
- Strategic Classification of Goods and Services According to the Nice Classification
- Handling the registration process and representing clients before trademark offices
- Defense Against Third-Party Oppositions During Registration
- Renewal and Management of Your Brand Portfolio
3. Enforcement and protection from infringement
In the event of a (suspected) trademark infringement, we take decisive action:
- Notices of default and demand letters to the infringer
- Negotiations on termination and compensation
- Seizure in Connection with Counterfeiting for the Purpose of Gathering Evidence in a Suspected Infringement (Art. 1369bis of the Judicial Code)
- Injunction to promptly cease the infringement (Art. XVII.14 WER)
- Substantive proceedings for damages and recognition of your rights
- Customs Measures Against Counterfeit Goods at the Border
4. Opposition and nullity procedures.
We represent you in proceedings before BOIP and EUIPO:
- Opposing newer trademark applications that are too similar to your trademark
- Invalidity and cancellation proceedings against improperly registered or unused trademarks
- Defense Against Oppositions or Actions for Nullity Brought by Third Parties
- Appeals against decisions by trademark offices
- Amicable Settlements and Coexistence Agreements as an Alternative to Lengthy Legal Proceedings
5. Strategic brand advice and contracts.
- Drafting and reviewing brand licensing and franchise agreements
- Transfer Agreements in Connection with the Sale or Acquisition of Brands
- Due Diligence on Brand Portfolios in Acquisitions
- Coexistence agreements with owners of corresponding trademarks
- Trademark Valuation and Advice on the Enforcement of Trademark Rights
6. Domain name disputes and online trademark protection
- Taking Action Against Cybersquatting and Infringing Domain Names
- Enforcement Against Online Infringements on Social Media and Marketplaces
- Guidance on Trademark Use in Advertisements (Google Ads, Social Media)
- Protection Against Unauthorized Use of Trademarks Online
Assistance for Trademark Owners and Alleged Infringers
For trademark owners: Proactive protection of your trademark rights, enforcement strategies against infringers, and maximizing trademark value through optimal legal protection.
For alleged infringers: assessment of the alleged infringement and development of a defense strategy, negotiation with the trademark owner, defense against unfounded claims, and advice on the limitations and exceptions to trademark law.
Frequently asked questions about trademark law
What is the difference between a trademark, a trade name, and a company name?
A trademark protects distinctive marks for products or services through registration. A trade name is the name under which a business operates and is protected through its use. A corporate name is the official name of the legal entity and is protected under corporate law.
How long does trademark protection last in the Benelux?
A Benelux registration is valid for ten years and can be renewed indefinitely for additional ten-year periods, as long as the trademark is used in good faith and the renewal fees are paid.
Can I apply for a patent for my brand name?
No. A patent protects technical inventions, not brand names. You need a trademark registration for your brand name.
Do I need to register my trademark in every EU member state?
No. You can choose between a Benelux registration (Belgium, the Netherlands, Luxembourg) or an EU trademark (all EU member states). For countries outside the EU, use the Madrid System.
Can I take action against a domain name that matches mine?
Yes. As a trademark owner, you can take action against domain names that infringe on your trademark rights, including through proceedings with CEPANI (for .be domains) or through the UDRP at WIPO (for .com and other generic domains).
When does trademark infringement occur?
Trademark infringement occurs when a third party uses an identical or similar mark without authorization for the same or similar goods or services, thereby creating a likelihood of confusion among the public. Well-known trademarks are afforded broader protection.
How much does it cost to register a trademark?
The costs depend on the region (Benelux, EU, or international) and the number of classes. We will provide you with a transparent estimate in advance.
Drawing on our expertise as trademark attorneys, we work with you to build strong, legally protected trademarks that provide lasting value for your business.
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