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ARQUE specialises in advising and litigating on trademarks, in other words the distinguishing marks of a company. These can be words, logos, colours, shapes or combinations of these. ARQUE assists companies that:

  • want to know whether their distinguishing marks are eligible for trademark protection and how they can best protect them.
  • are confronted with a summons from a third party in which they are ordered to cease using a certain mark.
  • determine that a competitor is using a distinguishing mark that is too similar to their mark (trademark infringement).

The trade name is the name under which a company is run. ARQUE helps companies that are accused of trade name infringement, i.e. using a trade name that causes confusion with an older trade name, or even want to summon another company to stop using a trade name.

ARQUE is a specialist in the field of copyright. Copyright protects original works such as photos, texts, musical works, software and utensils. Companies and individuals can contact ARQUE when they:

  • wonder whether copyrights apply to a work created for/by them.
  • have a conflict with a third party about who owns the rights to a work protected by copyright.
  • come across a copy or other form of counterfeiting of a work protected by copyright in the market or are themselves accused of copying/counterfeiting someone else’s work.

Design right, protects drawings (such as prints) and models (designs) such as the appearance of a product. ARQUE advises entrepreneurs on whether and how a design right can be registered, and assists entrepreneurs in disputes about design rights.

Competition is allowed, but there are limits. When these limits are exceeded, for example when a product not protected by intellectual property rights is copied in an unauthorized manner or when companies act unlawfully towards each other in another way, ARQUE shows companies the way.

Advertising is also subject to limits: advertising may not be misleading and a comparison with competitors may only be made under certain conditions. ARQUE advises and, if necessary, litigates on these types of issues.

Freedom of expression is a great asset and may only be restricted in exceptional cases. ARQUE assists individuals and companies who believe that a third party is making unlawful statements about them, or who are themselves accused of making such statements.

Good preparation is half the battle. Many disputes could have been avoided if the parties had (better) recorded the agreements in advance. ARQUE helps companies to prevent disputes as much as possible by advising on agreements and drafting them. Examples of contracts that ARQUE specializes in: Transfer and license agreements, coexistence agreements, confidentiality agreements (NDAs), research and development (R&D) agreements, assignment agreements.

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