Region: Belgium

Making the right choice: an A-Z of EU trademark court practice and performance

In the first of our five-part series, trademark counsel from law firms across Europe provide an overview of the performance of their countries’ EU trademark courts over the past two years.

23 August 2018

“Opportunistic filing after a disaster remains an issue” – MH370 rights shine spotlight on tragedy marks

Trademark departments have a key role to play in the wake of tragic events, with one expert telling us that defensive filings should be “a primary prevention tool” against opportunists

03 August 2018

Well-known marks: approaches to fame in Europe

Obtaining well-known status for a trademark can be a powerful tool for rights holders. In the third of a three part series, this article considers the best route in key European jurisdictions

20 July 2018

Procedures and strategies for anti-counterfeiting: Belgium

Featured in Anti-counterfeiting: A Global Guide 2017

Belgium is a party to all major international agreements in the IP field, including the Paris Convention, the Berne Convention and the Agreement on Trade-Related Aspects of Intellectual Property Rights. In addition, the main substantive IP laws applicable in Belgium are contained in national laws, EU regulations and a Benelux convention.

18 May 2017

Belgium

Featured in Anti-counterfeiting 2016 – A Global Guide

Belgium is a member state of the European Union, where goods can move freely in the internal market. Hence, border measures mainly target goods entering Belgium from outside the European Union or European Economic Area.

27 April 2016

WCO’s global actions to tackle counterfeiting

Featured in Anti-counterfeiting 2016 – A Global Guide

Globalisation has added significant complexities to international trade and global supply chains. In this environment, customs authorities across the world have a unique role in achieving balance between regulation and trade facilitation.

27 April 2016

Court decides on protection afforded to greyscale trademarks

The Antwerp Commercial Court has held that, when assessing the similarity between a registered trademark and a sign in an infringement action, the trademark can be assessed only as registered (ie, greyscale in the present case). The court's reasoning with regard to the protection afforded to greyscale trademarks is debatable and is likely to be contradicted by higher courts.

16 July 2015

Belgium

Featured in Anti-counterfeiting 2015 – A Global Guide

Belgium is a party to all major international agreements in the IP field, including the Paris Convention, the Berne Convention and the Agreement on Trade-Related Aspects of IP Rights. In addition, the main substantive IP laws applicable in Belgium are contained in national laws, EU regulations and a Benelux convention.

08 May 2015

Cooperation to combat counterfeiting

Featured in Anti-counterfeiting 2015 – A Global Guide

According to a recent CNN Money article, some companies have estimated that up to 80% of their goods found on internet marketplace Taobao.com are counterfeit. Meanwhile, Australia has announced that it has found counterfeit items in genuine packaging. Every day brings similar news of counterfeiting activity and heightened concerns as such goods may endanger the health and safety of consumers.

08 May 2015

Brussels Commercial Court bares its teeth and protects shape of dog food

In a recent judgment on the merits, the Brussels Commercial Court has held that the X shape of Mars’ Dentastix dog food constituted a valid 3D CTM and Benelux design. Both IP rights had been invoked against a Belgian company commercialising X-shaped chew sticks for dogs on the European market. Among other things, the court held that the defendant sought to free-ride on Mars’ DENTASTIX mark and to benefit from its power of attraction.

12 December 2014

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