An identical trademark to mine is showing in the Trademarks Register

It depends on the products and services 

What is important is the products and services the trademark has been registered for. The owner of the trademark only has an exclusive right for those. Watch the video about it. 👇

Almost the same products and services? 

Suppose you want to apply to register a trademark for the name ‘Ajax’ for a product that is a ‘fire blanket’, but that trademark has already been registered for a product that is a ‘fire extinguisher’. 

In this case, there is a high chance you would infringe on the existing trademark. This is because both the trademark and the products it has been registered for are similar to yours. To avoid any dispute, you would do better to think of a new trademark for your fire blankets.  

Completely different products and services?

If there is an identical trademark to yours in the Trademarks Register, but it has been registered for completely different products and/or services, you can apply to register your trademark.  

Be careful that the identical trademark is not a well-known one though. If it is, it would be better not to apply to register your trademark, not even for different products and services. 

Have you completed step 1: ‘Check whether your trademark already exists’? doorlopen? Have you searched properly and is your trademark still available for the products and/or services you want to use it for?

Go to step 2: Is your trademark distinctive?

Good to know: Someone else can file an objection against your trademark application if they believe there is risk of confusion. If you are unsure, it is best to consult an IP professional for advice. You can find an IP professional via https://www.bmm.nl/en/node/19