Merkenrecht

Trademark law forms part of intellectual property law and governs the protection of signs that distinguish the goods or services of one undertaking from those of others. In the Netherlands and the Benelux, the Benelux Trademark Act applies, supplemented by European legislation such as the Union Trade Mark Regulation. Registration confers on the proprietor the right to prohibit third parties from using the mark without consent.

Trademark law serves to prevent consumers from being misled and undertakings from suffering detriment through counterfeiting or a likelihood of confusion. It safeguards investments in brand identity and reputation. Without adequate protection, marks may lose their distinctive character.

In practice, a trademark attorney advises on registration procedures, conducts opposition and invalidity proceedings, and enforces rights through cease-and-desist letters or actions before the courts or the Benelux Office for Intellectual Property.