When you start a business, protecting your brand becomes a critical aspect of ensuring long-term success.
After the success of the SME Fund since 2021, which provides financial support to European SMEs for registering intellectual property rights, it has now been confirmed that the initiative will be extended into 2025.
The SME fund plays a crucial role in facilitating intellectual property protection for startups and emerging businesses.
The most frequently sought-after form of intellectual property (IP) protection is trademarks. Businesses register trademarks to protect their brand names, logos, and slogans. Trademarks prevent others from using similar marks that could confuse customers, which provides exclusive rights over your brand name, logo, and other identifiers.
Depending on where you plan to operate, you can choose between local, regional, and international protections.
Local Protection (Benelux)
For businesses operating primarily in Belgium, Luxembourg, or the Netherlands, registering your trademark with the Benelux Office for Intellectual Property (BOIP) gives you exclusive rights across these three countries. It’s an efficient and affordable way to protect your brand in the heart of Europe.
EU-Wide Protection
If your business has the potential to expand beyond the Benelux, or if you are already targeting a broader European market, registering your trademark with the European Union Intellectual Property Office (EUIPO) will grant protection in all EU member states. This registration offers a more comprehensive solution, covering a wide area with just one application.
Global Protection
As your brand grows internationally, it becomes essential to secure protection beyond Europe. The Madrid System offers a way to register your trademark in multiple countries with a single application. Through the World Intellectual Property Organization (WIPO), businesses can extend protection to over 100 countries. This system simplifies the process and reduces costs for those looking to enter foreign markets while maintaining control over their intellectual property rights.
How to Choose the Right Option for Your Business
The right trademark protection strategy depends on your business’s goals and the markets you aim to reach. If your primary market is local, a Benelux registration might suffice. However, if you envision expansion within Europe or internationally, registering your trademark at the EU level or through the Madrid System provides broader coverage and greater security.
Fabien FRANÇOIS, Partner
Author
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Fabien François is a partner in Lex Thielen's Luxembourg office. Admitted to the Luxembourg bar in June 2019, he holds a bachelor's degree in private law from the University of Montpellier, a master's degree in European competition law from the University of Amsterdam (2017), and an LL.M. in European and international business law from Trinity College Dublin (2018), with distinction. He is also the author of various articles in his field of expertise. Fluent in Luxembourgish, German, French and English, Fabien François is an accomplished and versatile professional.
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