Help page BOIP Trademark Alert

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Understanding the search results

Merkenregister zoekresultaten begrijpenYou have subscribed to BOIP Trademark Alert in order to monitor your trademark. This is an online notification service. You will receive alerts whenever someone applies for a trademark that is similar to your trademark. This does not necessarily mean that the trademark that you are monitoring has been infringed in each instance.

BOIP Trademark Alert – how does it work?

Your own trademark and the designated products and services to which it applies form the basis for the BOIP Trademark Alert search criteria. From the moment you subscribe, BOIP Trademark Alert searches using artificial intelligence for subsequent applications for similar trademarks in the Benelux Trademarks Register. Whenever someone applies for a trademark that is similar to yours in the same classes, it appears in your BOIP Trademark Alert overview. In your BOIP Trademark Alert settings, you can configure how often you wish to receive such alerts in your My BOIP Message Box.

BOIP Trademark Alert – how does it search?

Word mark. In the case of a word mark, the system searches in the Benelux Trademarks Register for the word elements of your trademark and variants of them that differ by a maximum of 2 characters.

Figurative mark or a combined word/figurative mark. In the case of a figurative mark, artificial intelligence determines which trademarks applied for at a later date match the word and/or figurative elements.

For the other (less common) types of marks, the system uses comparable search criteria. In no case do the results necessarily mean that infringement is taking place. Your own trademark and the classes of products and/or services for which you applied for your trademark form the basis for the search criteria in your BOIP Trademark Alert, which means it is not possible to search in a wider range of classes.

What does it mean if I don’t receive any alerts?

The greater the distinctive character of your own trademark, the less likely it is that trademark disputes will arise in the short term. So, if you do not receive any alerts for a while, it does not mean that the service is not working.

As your business becomes more successful, there is a risk that more people will want to profit from your success. This means that infringement may become more likely. This is why it is important to keep monitoring your trademark actively. Don’t forget, for example, to keep an eye on what is happening in the market and in your sector. You can use your trademark to take action against subsequent trade names or other commercial use of your brand name, for instance.

Should I take action against all the trademarks found?

The trademarks identified thanks to your search request do not all infringe on the trademark you are monitoring. BOIP Trademark Alert uses data from the Benelux Trademarks Register. From the moment you subscribe, the system searches using artificial intelligence for similar trademarks applied for at a later date.

BOIP Trademark Alert may for instance find a later trademark because it includes a figurative element that is similar to your trademark, or a descriptive word. The fact that the particular element is similar does not necessarily mean that the trademark found is infringing your trademark. For example, ´Baker Jan´ will not infringe ´Baker René´, despite the fact that both trademark names include the descriptive word ‘baker’. You will therefore need to assess each case individually to determine whether the trademark as a whole is similar to your own monitored trademark.

Does using BOIP Trademark Alert give me a guarantee that there are no other similar trademarks?

No, unfortunately we cannot guarantee that. BOIP Trademark Alert operates by performing highly accurate searches in the most recent data in the BOIP Trademarks Register, but that does not mean that some similar trademarks will not be identified. This may be, for instance, because those trademarks differ by more than 2 characters but are nonetheless phonetically similar to each other. A trademark may also have been applied for for another class of product or service.

In addition, BOIP Trademark Alert cannot assess whether a similarity between trademarks may constitute a source of confusion or not. That is something that has to be carefully evaluated individually in each case. Whether a later trademark is sufficiently similar to your trademark, and whether the products and services are sufficiently similar, depends on the specific circumstances of the case.

If you would like to know more about interpreting the results from your BOIP Trademark Alert, please contact our Information Centre. If you are seeking advice about trademarks that possibly infringe your trademark, please contact an external IP professional.

How to change My Settings

You can modify all the settings for your BOIP Trademark Alert in your My BOIP account by clicking on the cogwheel icon.

You can modify the following settings:instellingen

  • message frequency. You can select daily, weekly, monthly, or never, to receive messages from us about subsequent trademarks found.
  • search criteria. You decide which classes of products and/or services you want to monitor. The basis is always your own trademark, which means that you can only choose from the classes specified for your own trademark; it is not possible to search in a wider range of classes.
  • renew your subscription. One month before your annual subscription expires, the option to renew it will appear. We will also send you an e-mail reminder. If you do not renew, your subscription will automatically end after one year.
  • cancel your subscription. You may cancel your subscription at any time. Subscription fees will however not be refunded for the current subscription period.

Extra tips: What else do I need to consider?

When you registered your trademark, you specified which products or services you intend to use your trademark for. However, trademarks that relate to products and classes other than those designated for your own trademark may also infringe your trademark. This is because products and services are classified in categories (classes) purely from an administrative standpoint.

The provision of some services is not possible without access to the products: for example, a shop selling sunglasses cannot operate without sunglasses, needless to say. Despite the difference in nature between products and services, confusion may arise in certain cases between a retail outlet selling sunglasses in class 35 and a sunglasses trademark in class 9.

Whether products and services are similar to each other cannot be determined easily and automatically. This is why the BOIP Trademark Alert is limited to results in the same class as the trademark you are monitoring.

A BOIP Trademark Alert is a useful tool that removes a great deal of manual work for you. The system is able to search more extensively and faster than you would be able to yourself. The next important step in monitoring your trademark is determining how you interpret the search results. We advise you to contact an external IP professional to investigate or advise you on possible trademark infringements.

What can I do if I see a conflicting trademark?

Hulp bij uw merkregistratieA trademark applied for at a later date may not cause confusion with your trademark. Should that nonetheless be the case, the first logical step is often to contact the owner of the offending trademark and ask them to stop using it and to withdraw the application. During the two months after publication of a trademark application, you can also file an opposition against that trademark. Prior to taking any such action, it may be prudent to contact an IP professional for advice and assistance.

Telephone

Every working day between 8:30 and 17:00 via:
078 052 242 (from Belgium)
070 349 12 42 (from The Netherlands)
8002 5383 (from Luxembourg)

Information Centre

For general information, questions about your trademark or design registration, or about submitting an i-DEPOT.
We are ready for you five days a week.

Understanding the search results

Merkenregister zoekresultaten begrijpenYou have subscribed to BOIP Trademark Alert in order to monitor your trademark. This is an online notification service. You will receive alerts whenever someone applies for a trademark that is similar to your trademark. This does not necessarily mean that the trademark that you are monitoring has been infringed in each instance.

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