Check if your idea is already protected by intellectual property rights
Do you want to protect your idea for a new product, brand, or logo with intellectual property rights? First, check if your idea has already been thought of and protected by someone else. This will help avoid misunderstandings or even legal action.
Brand name or logo
Trademark rights protect the brand name or logo of your company, product, or service. In the BOIP Trademarks Register, you can look up if a name or logo already exists. Also check the internet and the KVK Business Register to make sure the name is not someone else’s company name. Is the name or logo still available and does it comply with the legal rules? If so, you can register the trademark, making you the owner. Using the registered trademark symbol (®) with your brand name or logo shows that it has been trademarked.
Company name or trade name
Are you going to choose a company name (also known as a trade name)? Then it is a good idea to check if the name already exists for similar activities. It could be someone else’s company name, a trade mark, or both. Check both the the Business Register and the Trademark Register to see if the name already exists. A trademark is protected by law if it is registered in the Trademark Register. A trade name is legally protected if it is actually actively used as the name of the company. So, also search for the name on the internet.
Do you want to register your company name? Then you need to register your company in the KVK Business Register. If you are already registered, you can change your company name or add an additional company name.
Product design or model
Design rights protect product design and styling. Think, for example, of a new design for a watch, headphones, clothing, or bag. To claim a design right, a product must be new and have a distinct character. It must not closely resemble a design that is already well known. You can check in the BOIP Designs Register (modellenregister) if your design is really new. You can also search the internet or trade magazines. Is your design new? Then you can register the design. Patents, trademarks, and copyright can also sometimes offer protection.
Technological inventions
With a patent, you protect your invention of a technological product or process. A patent mens you forbid anyone else from copying, selling, or importing your invention. Use the Espacenet patent database to find out if your technological invention is really new. This database contains all published patents. If your invention is new, you can apply for a patent.
Text, lyrics, photo, illustration, or video
If you have created a text, photo, illustration, or video, you automatically hold a copyright for it. At least, if your work is original and personal. There is no register or database where you can look up if someone else has already created it. This is because no one has to register their work for copyright.
Do you want to be able to prove that you came up with the idea at a certain time? Then you can record the date in an i-DEPOT. This gives you a legal means of proof. This can sometimes be necessary in the event of a conflict. You can also use the copyright symbol (©) to show you own the copyright.
Getting started with your idea
Has your idea not been thought of before and do you want to take it further? Or do you want to temporarily record your idea to continue with it later? Then take a look at the checklist for protecting a product, service, or invention
Questions relating to this article?
Please contact the Benelux Office for Intellectual Property