Though primarily devoted to Trade Marks and designs we shall be happy to assist our clients in other fields as well, among which we mention the following:
To enlarge trade name protection we can see to incorporation of companies and have these registered with the Chamber of Commerce. Magistrates' Courts ('Kantongerechten') have power to decide on conflicting trade names. Such proceedings are simple and inexpensive and take little time, but Magistrates have the power to amend the junior name whereas this is not permitted to superior Courts.
Copyright is much wider than Trade Mark and design rights.
The latter two are restricted to the goods for which registration was obtained and, in case of the Trade Mark, used. The copyright can be exercised against any reproduction, which reproductions can be seized as the property of the copyright owner.
Copyright by virtue of works of art made for hire does not exist under Netherlands law. The copyright is automatically vested in the employer if the employee was engaged as an artist. In the case of art specially made by third parties, the copyright remains the property of the designer until such time as he executes a Deed of Assignment.
Breeders rights/plant variety rights
For a number of plants it is possible to acquire a legal monopoly by registration with the Board for Plant Varieties. This Board has power with regard to the determination of generic names. If the breeder proposes a Trade Mark as a generic, the Trade Mark lapses by law.
Health registrations, labelling requirements
Packed pharmaceutical goods can only be marketed once an application is pending or after registration with the Health Authorities who assess inter alia the effectiveness and side-effects of the product as well as the suggestions evoked by the Trade Mark. We shall also be pleased to give an opinion whether labels and packaging conform to legal requirements and to solicit exemptions by Order of The Queen in Council.
The title to a mark may lapse on account of non-use.
We have facilities for obtaining the 'beginning' of proof of (non-)use which can be filed in evidence with the Courts.
Apart from this we also provide commercial business reports, but, of course, these are usually of a special nature.
We own a trust company that can be called in as a trustee if there is uncertainty as to in whose name a Trade Mark should be registered.
We feel that we should assist our clients in all aspects of Trade Mark practice, even though these aspects may be quite unusual. As certified brokers we are in a position to buy and sell Trade Marks; we have been arbitrators in Trade Mark litigation and have seen to the execution of the award. We were appointed on the board of collective Trade Mark owners because board members may by law not be involved in the management of Trade Mark users.