Help page BOIP Trademark Alert

Your own trademark and the designated products and services to which it applies form the basis for the BOIP Trademark Alert search criteria. From the moment you subscribe, BOIP Trademark Alert searches using artificial intelligence for subsequent applications for similar trademarks in the Benelux Trademarks Register. Whenever someone applies for a trademark that is similar to yours in the same classes, it appears in your BOIP Trademark Alert overview. In your BOIP Trademark Alert settings, you can configure how often you wish to receive such alerts in your My BOIP Message Box.

Word mark. In the case of a word mark, the system searches in the Benelux Trademarks Register for the word elements of your trademark and variants of them that differ by a maximum of 2 characters.

Figurative mark or a combined word/figurative mark. In the case of a figurative mark, artificial intelligence determines which trademarks applied for at a later date match the word and/or figurative elements.

For the other (less common) types of marks, the system uses comparable search criteria. In no case do the results necessarily mean that infringement is taking place. Your own trademark and the classes of products and/or services for which you applied for your trademark form the basis for the search criteria in your BOIP Trademark Alert, which means it is not possible to search in a wider range of classes.

The greater the distinctive character of your own trademark, the less likely it is that trademark disputes will arise in the short term. So, if you do not receive any alerts for a while, it does not mean that the service is not working.

As your business becomes more successful, there is a risk that more people will want to profit from your success. This means that infringement may become more likely. This is why it is important to keep monitoring your trademark actively. Don’t forget, for example, to keep an eye on what is happening in the market and in your sector. You can use your trademark to take action against subsequent trade names or other commercial use of your brand name, for instance.

The trademarks identified thanks to your search request do not all infringe on the trademark you are monitoring. BOIP Trademark Alert uses data from the Benelux Trademarks Register. From the moment you subscribe, the system searches using artificial intelligence for similar trademarks applied for at a later date.

BOIP Trademark Alert may for instance find a later trademark because it includes a figurative element that is similar to your trademark, or a descriptive word. The fact that the particular element is similar does not necessarily mean that the trademark found is infringing your trademark. For example, ´Baker Jan´ will not infringe ´Baker René´, despite the fact that both trademark names include the descriptive word ‘baker’. You will therefore need to assess each case individually to determine whether the trademark as a whole is similar to your own monitored trademark.

BOIP Trademark Alert shows all the results that correspond to your search criteria. If results are not relevant, it is possible to simply archive them:

1. Move your mouse over the trademark that you want to remove from your overview.  
2. Click on the option Archive. 
3. The trademark will be moved to the Archive. 

Do you want to move all the results to the archive in one go?
Click on the button Archive all.

Did you move a trademark to the Archive and wish to return it to your Trademarks found overview?
Move your mouse again over the trademark in question and select Unarchive. The trademark is once again included with the trademarks found and is given a label Back from archive.

How can I automatically archive trademarks from a particular class?

If you wish, you can ensure that - from now on - all of the results for a particular class are archived automatically by simply changing the search criteria in your settings:

1. Go to Settings. 
2. Unselect the particular class.
3. All trademarks found for this class will be moved directly to the Archive from now on. You will also no longer receive notifications for results from this particular class.
4. Trademarks already found for that class will also be moved to the archive. This is not the case for trademarks you are following; these trademarks will remain in your overview.

Did you move trademarks from a particular class to the archive and wish to return them to your overview?
Follow the steps above and select the desired class at step 2. The trademarks from the Archive will then be returned to Trademarks found.

No, unfortunately we cannot guarantee that. BOIP Trademark Alert operates by performing highly accurate searches in the most recent data in the BOIP Trademarks Register, but that does not mean that some similar trademarks will not be identified. This may be, for instance, because those trademarks differ by more than 2 characters but are nonetheless phonetically similar to each other. A trademark may also have been applied for for another class of product or service.

In addition, BOIP Trademark Alert cannot assess whether a similarity between trademarks may constitute a source of confusion or not. That is something that has to be carefully evaluated individually in each case. Whether a later trademark is sufficiently similar to your trademark, and whether the products and services are sufficiently similar, depends on the specific circumstances of the case.

If you would like to know more about interpreting the results from your BOIP Trademark Alert, please contact our Information Centre. If you are seeking advice about trademarks that possibly infringe your trademark, please contact an external IP professional.