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International distribution

Many companies are trading internationally and cooperate with several national distributors for the distribution of their products. Needless to say, it is important to have all agreements with distributors recorded in writing. A well formulated distribution agreement will not only prevent discussions about for example financial agreements and delivery of products, but can also prevent discussions about trademark registrations, if such agreement includes agreements regarding the use of intellectual property rights, like trademarks.

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1. Choose how you wish to register your trademark.

Different types of trademark are available for registration. You can register a word, a logo, a shape, a combination of these items and in some countries you can even register a sound. All these types of registration come with their own scope of protection. If the trademark you wish to register is a fantasyword, then a registration of a wordmark is your best option in most cases, but if your logo is very distinctive you may wish to register a figurative mark.

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As Brexit is approaching, more and more companies are starting to think about the impact on their IP registrations. The original date for Brexit is 29 March 2019 which is getting very close, but it is now likely that Brexit will be postponed for some weeks or months. What the exact consequences are for European trademark or design registrations is still not certain, as we still don’t know what the deal (if any) between the UK and the EU will contain.

IP rights holders should however prepare for Brexit and adjust registration strategies or – for UK trademark or design owners – find a representative within the European Union. We currently expect the following consequences for both EU trademark and design registrations. Continue reading →