A trade mark is a symbol which allows your products/services to be readily identifiable and distinguishable over those of your competitors.
Article 2.1 of the Benelux Convention concerning Intellectual Property:
« The following shall be considered as individual marks: words, designs, prints, seals, letters, numbers, shapes of goods or their packaging and all other symbols which can be represented graphically and serve to distinguish the products and/or services of a firm ».
On the basis of this article and the relevant
case law, it follows that a trade mark may consist of (the list is not exhaustive):
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a name,
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a combination of letters and/or numbers,
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a device (device mark),
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the shape of goods or their characteristics,
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one or more colours,
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a combination of any of the above.
Today it is even possible, in some jurisdictions, to register a trade mark consisting of sound.
In concrete terms, it is the "symbol" or "name" under which you choose to offer your product and/or distinguishable service
(see examples of trade marks in § 8).
Collective trade marks (or certification marks) serve to distinguish one or more of the common characteristics of the goods/services of a number of different enterprises all authorised by the proprietor of the mark to use the mark in the manner prescribed by him and under his surveillance. A consortium of independent businesses or manufactures can register such a mark and supervise the proper use thereof by its members. The most well-known example is the "Woolmark". The registration of a collective mark requires a special procedure, notably the filing of the Use Regulations. GEVERS® is at your disposal for any further explanation on this subject. Top
