Registration of a European Trademark

Question

My company's name is registered as a Trademark in the US and I would like to register it in Europe as well. After some searching it turns out that there is a company in the Netherlands with a similar name and it seems to be roughly in the same business (professional IT services & solutions). Does this mean we cannot register our name in Europe? Or can we maybe do something because of our US registration?

or

Answers: 4 public & 0 private

De449edbf6
Patent Attorney

Hi.
As Alaxander and Yucel mentioned it depends on the country you are operating in, since trademarks cover a certain jurisdiction (country or region, e.g. the EU). On the other hand, the use of the company name of the Dutch firm gives them a certain right of protection that is comparable to a trademark, so they could oppose your registration for the EU. However, to do so their name has to have more than mere local significance. Moreover, if your main market is not the Netherlands, then you should also consider operating without a trademark.
Of course, this is not a full legal advise, but should give you an idea of options.

Recent questions