Note: you must register your trademark!

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It is essential to officially register your trademark with BOIP, Benelux Office for Intellectual Property, which is the official body for registering trademarks and designs in the Benelux. Only if your trademark is registered (and thus protected), do you have a leg to stand on if you find trademark infringement.

Example of trademark infringement: Red Bull vs. Bullsone
The Korean company Bullsone had been selling car maintenance products for years. In 2011, Bullsone came up with a new logo, which the company also used to sell car products in Austria. The well-known Red Bull felt norway mobile numbers list that the logo was too similar to the Red Bull logo and objected to the use of Bullsone's logo. The highest court in Austria ruled that the logos were indeed too similar. The public could be confused and therefore there was trademark infringement.

Testing of trademark infringement
The key question in determining whether there is trademark infringement is: does confusion occur? For this purpose, three points of similarity are determined: phonetically, visually and conceptually. Does the brand name sound the same when you pronounce it (phonetically)? Or do the products look the same (visually)? Or are the products and services the same and have the same meaning (conceptually)? If any of these points are proven to cause confusion, there may be infringement.