Trademark rights and trade name law
Trademarks are essential in marketing products. Trademarks are intended to convey an image, quality and origin and, consequently, need to be unique. A similar trademark may infringe trademark rights and give cause to a petition for an injunction.
Brouwer & Law advises on and litigates in matters involving the protection and enforcement of trademarks and trade names, such as in cases involving counterfeit goods and cases in which although an infringement is not so evident the company in question nevertheless wishes to enforce its rights. Brouwer & Law offers legal assistance to companies with international trademark portfolios in the determination of their protection and enforcement strategies. We also represent clients in opposition proceedings and procedures concerning the revocation or deregistration of trademarks in the Benelux and at EU level (EUIPO).
Expert advice is essential in trademark disputes, not only in view of the commercial interests at stake, but also in view of the very high costs that can be awarded in IP infringement cases.
Brouwer & Law is a member of an international network of trademark law firms and specialised lawyers who can be called on as necessary to facilitate rapid, efficient and high-level legal assistance in cross-border infringement matters outside the Netherlands.
The use and protection of domain names is an important element of trademark and trade name law. The use of a domain name which incorporates the trademark or trade name of another company or organization can be regarded as an infringement. Domain names registered in bad faith – domain hijacking, or domain name grabbing – may be claimed in arbitration proceedings.
The services provided by Brouwer & Law include the drafting and review of national and international commercial contracts such as licensing contracts, distribution contracts, agency agreements and sales & delivery terms and conditions. Brouwer & Law has a wealth of experience with all types of contracts relating to the protection, use, enforcement and licensing of trademarks. Brouwer & Law assists clients in finding creative solutions that bring difficult negotiations to a successful conclusion.