Register a trade mark for an online shop

Registering a brand name for an online store via BOIP or EUIPO

A webshop name or logo can be registered as a trademark with the BOIP for the Benelux or with the EUIPO for the entire European Union, in the same way as for any other company. The mere fact that a webshop runs under a certain name does not in itself entitle you to that name — those who only use the name but do not register the name run the risk of someone else recording that same or similar name and then taking action against it. For a webshop, that risk is no different than for a store with a physical location: the name is the brand on which customers recognize the company, and that is exactly what a trademark registration protects.

When requesting a webshop, it is not only about the products that are sold, but also about the sales service itself. The NICE classification has separate classes for this purpose: in addition to the classes associated with the goods that the webshop offers, there is a class specific to retail and wholesale services, including online sales. Exactly which classes apply depends on what the webshop actually sells and offers. Prior to an application, it is common to consult the public records for similar names; a conflict scan against those registers provides an indication of possible overlap, not a guarantee that an application will run smoothly.

What this is based on: the registers and the NICE classification

The fact that a trademark only provides protection after registration and does not arise automatically through use follows from the working methods of the official registers of the BOIP and the EUIPO, where an application must be actively filed and assessed. The fact that requests for a webshop can include both products and the sales service itself follows from the layout of the NICE classification, which, in addition to commodity classes, also has a class for retail and wholesale services. For the precise class classification and its current descriptions, the NICE classification itself is the appropriate source, as are the BOIP and EUIPO registers for checking existing registrations.