Mr Brent De Jonghe

Brent De Jonghe


Intellectual Property

Protecting product appearance through trademark and design registrations
International | 22 February 2021

Consumers recognise products not only by the words and logos on their packaging, but also by their look and feel, including their shape and colour. Both copyright law and fair trade practice law provide legal protection to the look and feel of products. Where possible, IP owners should also seek protection for their products' appearance by obtaining a registration certificate under trademark and design law, which can be a strong asset if a dispute arises.

Did you know: domain name registration is no substitute for trademark registration?
International | 06 July 2020

Unlike a trademark, a domain name is a contractual right which is primarily used to identify a website. In most jurisdictions, it cannot serve as a basis to oppose the commercial use of a sign or the registration as a trademark of a sign that is contained in the domain name. In short, the exclusive character of the domain name holder relates and is limited to the domain name as such.