By filing names, logos, forms of packaging, combination of colours, slogans etc. as trademarks, the exclusive use thereof can be protected. A trademark has the function to distinct not only goods but services as well. To prevent others for instance from profiting from the name of your company it is important to register this name as a trademark. Contrary to the patent right a trademark does not necessarily have to be novel at the time of filing. To obtain trademark protection a prescribed procedure, comparable to obtaining a patent right, has to be followed.
A design is a new aspect of the outside of a utility object. Design protection relates to the outside, not the inside. It may not relate to the technical construction only. A design is threedimensional, for instance a train, table, car, package. An object for ornament only cannot be the subject of design right. A design has to be novel at the time of filing. It will be granted without substantive research, for instance by the Benelux Office for Intellectual Property if a Benelux design is desired.
Via the Community design the protection of a Community patent may be obtained by the filing with the OHIM (Office for Harmonisation in the Internal Market) in the European Community by means of one Registration with the OHIM (Office for Harmonisation in the Internal Market) in Allicante, a so-called Community Design. Also for the application of protection of a trademark or utility model and the procedure to have it registered expertise is necessary that we can offer you as a Trademark and Design attorney.