Starting Your Company Brand in The Netherlands
If you are thinking about starting a company in the Netherlands, one of the first steps is checking that the proposed name or logo is unique, and can be protected from copycats. Your company brand will be distinguished by a word called a trademark (e.g. “Unilever” or “Heineken” – two world renowned Dutch trademarks). Even certain colours or shapes you create can become your trademarks (like the yellow and red shell from Shell Gasoline), but these will only be protected if they are registered.
After your trademark is registered, no one else can use it without your prior consent. Nor can a company use a name that’s similar to yours if there is a risk of confusing the two trademarks. To protect your trademark in the Netherlands, it must be registered at the Benelux Trademark Office (after which the trademark will be protected throughout the Benelux – Belgium, Netherlands, and Luxemburg). The registration costs €240, takes about four months to complete, and will be valid for a period of 10 years (after which it can be renewed).
If you conduct business outside the Benelux and require trademark protection in other European countries, you will need to register the trademark at the Office of Harmonization of the Internal Market in Spain. For worldwide protection you must register at the World Intellectual Property Organization in Geneva.
Although protection is available for your brand, not every name or logo can be registered as a trademark. The trademark needs to meet a few criteria, the first of which is a distinctive character. Signs must be unique from others that are already registered and, likewise, those that are merely descriptive are not allowed. Secondly, signs may not be deceptive or misrepresent the product or service being offered. For example, you cannot have a picture of a cow on a pork product.
Lastly, a logo cannot infringe other intellectual property rights. Confusion with existing trade names, for example, is a common infringement and should be checked through the Chamber of Commerce, which maintains a Register of Trade Names. Conversely, if someone starts using your trademark without your permission, you have the right to take action against their infringement by starting an injunction procedure, for example.
By: Jerry Grimes
For an expat moving to the Netherlands, getting the right direction is very important. It's important that one knows which steps and direction to take. Linda is an exceptionally talent counselor, her advice has helped me land a job within a week of coming to the Netherlands. I am grateful for her mentoring and look forward to a great working relationship in the future.
Dr. Hrishiraj S | Clinical Research & Affairs Manager
Together Abroad provided expert advice on personal branding including developing a top-notch, market-aware CV, highly tailored job applications, and approach strategies with potential employers in the Netherlands. Furthermore, I found them be highly knowledgeable in key related fields such as recruitment strategy, immigration law, contracts, labor agreements, and (un)employment benefits. I would recommend Together Abroad to anyone who needs professional help with transitioning to a new career.
A. Aboufirass | Structural Engeer
Linda is a big mind. She thinks about things that the rest normally overlook. The insight she has about the dutch job market can only be achieved through years of experience and persistence.
Her business savvy is complemented by her mastery of understanding the client's needs and requirements. For my career I could say, she was the “Mary Poppins”, who guided me through thick and thin and helped me to land a career in the Netherlands
S. Bhattacharjee | FP&A Manager
Mr. C. Joubert
Lead Workplace Strategy Consultant