As a lawyer, trust is key in attracting and retaining clientele. Clients trust that the person with expertise has at least taken ultimate responsibility for the advice or work.

I want to clarify to our clientele how we balance that bond of trust with the drive to modernise our operation.

I therefore want to provide my take on the use of technology for legal work in general, and generative AI specifically, at Jazz.legal.

In my opinion, the biggest opportunities for using technology in legal lie in streamlining the client experience: onboarding, quotes, invoicing. Unfortunately, many of our colleagues still use very archaic methods. We invest a lot of time and money, but our customers appreciate optimisation efforts.

We also keep a close eye on database suppliers. Legal databases aren’t new. But the possibilities of extracting useful information from the data – efficiently – have expanded considerably. Here, too, we are constantly looking for the right tools.

To arrive at the current hype: AI. Or let’s name it more correctly: generative AI and LLMs. I used to play Gameboy games against AI back in the 1990s.

As opposed to the ‘metaverse’, this is a technology I see medium term disruptive potential in.

Legal work often follows a certain logic. A computer can adopt this logic. On the other hand, giving legal advice is also largely about estimating people’s behaviour.

As yet, an algorithm does not sense that party X has a huge ego, has no budget for certain procedures or made it known over the phone that he or she isn’t that bothered. All things that a good lawyer will take into account before advising.

We do use generative AI as a tool for creating marketing graphics. We prefer to avoid AI marketing text, given how painfully obvious it is when someone is using AI tools.

It’s useful to have Copilot read the Benelux Convention on IP and ask which article mentions the requirement of use. No confidential information shared; saves us a few minutes.

As for giving legal advice, we are not at all convinced yet. We test the state of the technology on a weekly basis. For now, we consistently get incorrect or incomplete advice from ChatGPT 4. We also train our own GPT, but even there we miss a holistic approach, practical thinking and a client-oriented mindset. Therefore, we are not yet deploying these tools.

To conclude: yes, we are keeping track of all technological developments in our sector. And yes, we are ‘experimenting with AI’. But we do so in a measured way. We avoid gimmicks, avoid quick but bad advice, avoid meaningless content-for-the-sake-of-content.

This way we preserve and guard the trust of our clientele.

Nice classes constitute an international system for classifying goods and services for trademark application. This system was established in the Nice Agreement (the French city).

This system is used worldwide to organize trademarks based on the specific goods and services for which they are used. It simplifies the identification and classification of trademarks, making it easier for trademark holders to obtain the appropriate protection.

The Nice classes consist of a list of 45 classes, of which 34 classes are for goods and 11 classes are for services. This list includes comprehensive categories under which your goods or services must fall.

If a good cannot be directly classified into a pre-defined class heading, it may be classified by analogy with other similar end products listed. If no comparable products are found, other criteria, such as the material from which the product is made or how it works, may be applied. Services are classified based on the activity domains in the Nice classes or by analogy with other similar services listed alphabetically.

The costs for registering a trademark vary depending on the number of classes in which your trademark is registered. In the Benelux, the costs are calculated per class, with a base price of €244. For the second additional class the fee is €27 and for each additional class after the third you pay €81. For a European trademark registration, there is a basic fee of €850 for the first class, followed by €50 for the second class. From three classes or more, the fee is €150 per class.

Suppose you have a company specialized in professional window cleaning services. To protect your company name and apply for a trademark registration, you must choose the appropriate Nice class that best suits the nature of your services.

In this case, you would likely need to look at Class 37, which covers building services and installations. Although window cleaning is not specifically mentioned, it falls under the broader category of cleaning services often associated with the maintenance and repair of buildings. Within Class 37, you can then choose more specific terms such as the standardized term “window cleaning”.

You can include as many terms within the same class as you deem relevant, but it is essential to actually use your trademark for these terms. Proof of use for these terms may be requested during later opposition procedures.

Below is an overview of the different Nice class headings under which your goods and services must fall. These class headings describe in very broad terms the content of the class, but each class includes thousands of terms.

Class  1           Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; Unprocessed artificial resins, unprocessed plastics; Fire extinguishing and fire prevention compositions; Tempering and soldering preparations; Substances for tanning animal skins and hides; Adhesives for use in industry; Putties and other paste fillers; Compost, manures, fertilizers; Biological preparations for use in industry and science

Class 2           Paints, varnishes, lacquers; Preservatives against rust and against deterioration of wood; Colorants, dyes; Inks for printing, marking and engraving; Raw natural resins; Metals in foil and powder form for use in painting, decorating, printing and art

Class 3           Non-medicated cosmetics and toiletry preparations; Non-medicated dentifrices; Perfumery, essential oils; Bleaching preparations and other substances for laundry use; Cleaning, polishing, scouring and abrasive preparations

Class 4           Industrial oils and greases, wax; Lubricants; Dust absorbing, wetting and binding compositions; Fuels and illuminants; Candles and wicks for lighting

Class 5           Pharmaceuticals, medical and veterinary preparations; Sanitary preparations for medical purposes; Dietetic food and substances adapted for medical or veterinary use, food for babies; Dietary supplements for human beings and animals; Plasters, materials for dressings; Material for stopping teeth, dental wax; Disinfectants; Preparations for destroying vermin; Fungicides, herbicides

Class 6           Common metals and their alloys, ores; Metal materials for building and construction; Transportable buildings of metal; Non-electric cables and wires of common metal; Small items of metal hardware; Metal containers for storage or transport; Safes

Class 7           Machines, machine tools, power-operated tools; Motors and engines, except for land vehicles; Machine coupling and transmission components, except for land vehicles; Agricultural implements, other than hand-operated hand tools; Incubators for eggs; Automatic vending machines

Class 8           Hand tools and implements, hand-operated; Cutlery; Side arms, except firearms; Razors

Class 9           Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; Recorded and downloadable media, computer software, blank digital or analogue recording and storage media; Mechanisms for coin-operated apparatus; Cash registers, calculating devices; Computers and computer peripheral devices; Diving suits, divers’ masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; Fire-extinguishing apparatus

Class 10         Surgical, medical, dental and veterinary apparatus and instruments; Artificial limbs, eyes and teeth; Orthopaedic articles; Suture materials; Therapeutic and assistive devices adapted for persons with disabilities; Massage apparatus; Apparatus, devices and articles for nursing infants; Sexual activity apparatus, devices and articles

Class 11           Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating, water supply and sanitary purposes

Class 12          Vehicles; Apparatus for locomotion by land, air or water

Class 13          Firearms; Ammunition and projectiles; Explosives; Fireworks

Class 14         Precious metals and their alloys; Jewellery, precious and semi-precious stones; Horological and chronometric instruments

Class 15          Musical instruments; Music stands and stands for musical instruments; Conductors’ batons

Class 16          Paper and cardboard; Printed matter; Bookbinding material; Photographs; Stationery and office requisites, except furniture; Adhesives for stationery or household purposes; Drawing materials and materials for artists; Paintbrushes; Instructional and teaching materials; Plastic sheets, films and bags for wrapping and packaging; Printers’ type, printing blocks

Class 17          Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for all these materials; Plastics and resins in extruded form for use in manufacture; Packing, stopping and insulating materials; Flexible pipes, tubes and hoses, not of metal

Class 18          Leather and imitations of leather; Animal skins and hides; Luggage and carrying bags; Umbrellas and parasols; Walking sticks; Whips, harness and saddlery; Collars, leashes and clothing for animals

Class 19          Materials, not of metal, for building and construction; Rigid pipes, not of metal, for building; Asphalt, pitch, tar and bitumen; Transportable buildings, not of metal; Monuments, not of metal

Class 20         Furniture, mirrors, picture frames; Containers, not of metal, for storage or transport; Unworked or semi-worked bone, horn, whalebone or mother-of-pearl; Shells; Meerschaum; Yellow amber

Class 21          Household or kitchen utensils and containers; Cookware and tableware, except forks, knives and spoons; Combs and sponges; Brushes, except paintbrushes; Brush-making materials; Articles for cleaning purposes; Unworked or semi-worked glass, except building glass; Glassware, porcelain and earthenware

Class 22         Ropes and string; Nets; Tents and tarpaulins; Awnings of textile or synthetic materials; Sails; Sacks for the transport and storage of materials in bulk; Padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics; Raw fibrous textile materials and substitutes therefor

Class 23         Yarns and threads for textile use

Class 24         Textiles and substitutes for textiles; Household linen; Curtains of textile or plastic

Class 25         Clothing, footwear, headwear

Class 26         Lace, braid and embroidery, and haberdashery ribbons and bows; Buttons, hooks and eyes, pins and needles; Artificial flowers; Hair decorations; False hair

Class 27         Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; Wall hangings, not of textile

Class 28         Games, toys and playthings; Video game apparatus; Gymnastic and sporting articles; Decorations for Christmas trees

Class 29         Meat, fish, poultry and game; Meat extracts; Preserved, frozen, dried and cooked fruits and vegetables; Jellies, jams, compotes; Eggs; Milk, cheese, butter, yogurt and other milk products; Oils and fats for food

Class 30         Coffee, tea, cocoa and substitutes therefor; Rice, pasta and noodles; Tapioca and sago; Flour and preparations made from cereals; Bread, pastries and confectionery; Chocolate; Ice cream, sorbets and other edible ices; Sugar, honey, treacle; Yeast, baking-powder; Salt, seasonings, spices, preserved herbs; Vinegar, sauces and other condiments; Ice [frozen water]

Class 31          Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; Raw and unprocessed grains and seeds; Fresh fruits and vegetables, fresh herbs; Natural plants and flowers; Bulbs, seedlings and seeds for planting; Live animals; Foodstuffs and beverages for animals; Malt

Class 32         Beers; Non-alcoholic beverages; Mineral and aerated waters; Fruit beverages and fruit juices; Syrups and other preparations for making non-alcoholic beverages

Class 33         Alcoholic beverages, except beers; Alcoholic preparations for making beverages

Class 34         Tobacco and tobacco substitutes; Cigarettes and cigars; Electronic cigarettes and oral vaporizers for smokers; Smokers’ articles; Matches

Class 35         Advertising; Business management, organization and administration; Office functions

Class 36         Financial, monetary and banking services; Insurance services; Real estate affairs; Real estate services

Class 37         Construction services; Installation and repair services; Mining extraction, oil and gas drilling

Class 38         Telecommunications services

Class 39         Transport; Packaging and storage of goods; Travel arrangement

Class 40        Treatment of materials; Recycling of waste and trash; Air purification and treatment of water; Printing services; Food and drink preservation

Class 41          Education; Providing of training; Entertainment; Sporting and cultural activities

Class 42         Scientific and technological services and research and design relating thereto; Industrial analysis, industrial research and industrial design services; Quality control and authentication services; Design and development of computer hardware and software

Class 43         Services for providing food and drink; Temporary accommodation

Class 44        Medical services; Veterinary services; Hygienic and beauty care for human beings or animals; Agriculture, aquaculture, horticulture and forestry services

Class 45         Legal services; Security services for the physical protection of tangible property and individuals; Personal and social services rendered by others to meet the needs of individuals; Dating services, online social networking services; Funerary services; Babysitting

The European Union has a longstanding tradition of safeguarding traditional agricultural products. Within the EU, this protection is achieved through the implementation of systems for safeguarding geographical indications and designations of origin, ensuring the authenticity and quality of food and bevarages.. You may have already come across the familiar canine label on a bottle of Geuze or on the packaging of a Geraardsberg mattentaart.

For the buyer, these designations guarantee the close connection between these products and the regions they come from. It is a protection of years of knowhow and expertise that makes these products unique and guarantees local quality.

Following the success story of geographical indications in the agricultural sector, the label is now also becoming available for the industrial sector and local crafts, including textiles, jewellery, glass and porcelain.

This was made possible by EU Regulation 2023/2411 of 18 October 2023 on the protection of geographical indications for craft and industrial products.

This Protected Geographical Indication label ensures that consumers can trust the authenticity and quality of products. Through this means, the EU aims to protect traditional production methods and support the cultural identity and economic growth of its regions.

Important: What is considered “craft and industrial products” by the Regulation?

These products are:

In order for the name of a craft or industrial product to qualify for protection as a geographical indication, the product shall comply with the following requirements:

An application for registration of a geographical indication must be submitted by a producer group: any association, irrespective of its legal form, mainly composed of producers working with the same product (unless only one person produces the product).

This producer group must draw up a product specification indicating, among other things, the type of product involved, the defined geographical area, the production methods, etc.

A procedure is then launched at national level in a first stage, where the country’s authorities judge whether registration is appropriate.*

In a second stage, the EU Intellectual Property Office will do a formal check and then publish the product specification, to which third parties may object.

*EU member states can indicate that they allow to skip the national phase.

We already mentioned that registered geographical indications will be ‘protected’, but what does this protection entail?

The protection is quite broad. Registered geographical indications shall be protected against:

You will also not be able to register a trademark that goes against the above rules, for example.

Want to know more about protected geographical indications, or explore whether your product also qualifies? Then contact us by e-mail or via our contact form.

Copyright trolls are companies that obtain copyrights from many photographers and other authors, then use software to scan the Internet for infringements. Once they find a website on which the image has been posted without permission, they try to scare the operator and demand exorbitantly high sums. As all of this happens automatically, they often make mistakes and there isn’t even any infringement.

This way of working seems to pay off. Some companies are frightened into paying the excessively high costs. Others, without seeking professional advice, pick up the pen themselves, making false concessions or (even more often) failing to address the legally most important points. By doing so, they give the trolls a free pass in court.

Of course, there are also cases where there simply is infringement. It is then often appropriate to pay a fee to the author. However, the fee must be set at a correct level. A fee of thousands of euros (usually) isn’t.

In a recent judgment, the Corporate Court of Ghent, backed by the EU Court of Justice, disagrees with such practices. It is unacceptable that financial objectives take precedence over the effective protection of copyrights.

The plaintiff, Permission Machine BV, uses automated search engines to search for infringements of its clients’ copyrights. It then systematically sends a license offer to the (alleged) infringers. The payment of a license fee is clearly the goal, while the actual cessation of the infringement seems unimportant.

For example, in 2019, the Defendant, Kortom VZW (a non-profit organization), received a communication from Permission Machine: Kortom had used 3 photos in its newsletter on government communications, without permission. Permission Machine put the npo in default. As an accomplished copyright troll, of course, it also offers a license for no less than 848.00 euros.

Kortom’s newsletter is always removed after a month. When Permission Machine asks for 848.00 euro in license fees, the images have already been removed from the website. Kortom refuses to pay the amounts. After sending several reminders, Permission Machine sues the ngo in summary proceedings in March 2021. Permission Machine demands that the alleged copyright infringements cease and that Kortom pays the costs of the proceedings (1,440.00 euros). Such a verdict will then be used to scare future victims.

The judge, however, disagrees with Permission Machine’s way of working. He refers to recent case law of the European Court of Justice. The Court was asked whether a company such as Permission Machine can rely on all the instruments of enforcement that authors themselves can rely on. For example: a claim to stop copyright infringement. To this the Court answered with a very expansive “yes, but”. This because the general right to use these instruments is limited in the case of abuse.

A person who holds a copyright, but does not exploit it himself and only claims damages based on this right, can only use the instruments and procedures if it is judged that this does not constitute abuse. It is up to the national courts to determine whether there is abuse, but the Court provides a number of example circumstances.

Specifically, it is suggested that a judge look at the method of operation and the objectives. A modus operandi where the focus is always on financial compensation and not on actually stopping infringement may indicate abuse.

Therefore, the Corporate Court of Ghent now decided that Permission Machine is indeed abusing the cessation tool. The purpose is financial gain and not the effective protection of copyrights. The judge deduced this from the following elements:

• The cessation of infringement is not a priority in the communication to Kortom, where Permission Machine demands the payment of a fee. It even mentions that removal will not suffice to escape payment of the fee.
• Permission Machine makes no effort to prove that the images are indeed copyrighted and that the protection of these rights is entrusted to them.
• The requested fees seem arbitrarily determined. They are then compounded with unproven costs.
• There was a long period of time between the demands for payment and the final claim for cessation. This makes it appear that this claim is intended more as a punishment for non-payment than as a measure of actual copyright protection and cessation of infringement.
• The claim was filed unannounced.
• The damage from the use of the images is very limited. The newsletter is temporarily online. The website has a limited audience.

It is clear to the judge that the instrument of claim to cessation is misused in this case. Accordingly, the claim is judged unfounded.

The European and Ghent rulings undoubtedly have consequences for the practices of copyright trolls in Belgium. Threatening a summons and claiming damages to force a payment will become a less effective means of pressure. Of course, it remains important to respond appropriately to the communications of these shrewd creatures companies.

The image in the header is part of a work by John Bauer. John Bauer died in 1918, so his work is in the public domain.

Written by Barbara Verstraeten & Thierry Van Ransbeeck

Before publishing your EU trademark application, the EU Intellectual Property Office (EUIPO) will examine if the formal requirements are met.

If you are located outside of the European Economic Area, the deficiency will usually be a lack of local representation. The EUIPO’s notice will read along the lines of:

“No representative has been appointed. According to Article 119(2) EUTMR, natural or legal persons not having either their domicile or their principal place of business or a real and effective industrial or commercial establishment in the European Economic Area must be represented before the Office in all proceedings other than filing an application for a European Union trade mark. The representative appointed must be from within the European Economic Area. Article 120(1) EUTMR sets out who may act as a representative before the Office. A list of representatives can be found through eSearch on the Office website.”

While companies from any country can file an EU trademark application, only those established in the EEA can do so without a local representative.

As registered EUIPO Trademark & Design Attorneys, we can help you solve this type of deficiency. For instance, the above issue can be solved by us registering at the EUIPO as the representative for your application. In most cases, the cost for this action is only € 70,00 per trademark application.

If you don’t remedy formal deficiencies, the EUIPO will refuse your trademark application. You will not get your filing fees refunded.

The deadline to remedy the deficiency will be mentioned on the EUIPO’s notice. It’s usually 2 months. So don’t hesitate, and contact us for assistance.

If your dream is to fill in templates and copy-paste legal articles, look elsewhere.

Want to help build a legal consulting office for the future? Want to provide clear and comprehensible legal advice to fascinating clients in Belgium and abroad? Want to be challenged, learn and grow as a legal consultant in an expanding office? You’re the one we’re looking for!

Your profile:

• Experience: A first professional experience is a plus, but not a requirement.
• Areas of expertise: Intellectual property and more generally speaking: economic law.
• Character: Enterprising, intelligent, positive attitude.
• Languages: Very good knowledge of Dutch and English is essential. You can distinguish yourself by having good knowledge of French or another language.
• Education: Master’s degree in law. Good academic results are a strong plus, but don’t show the whole picture.

Our offer:

• Personal guidance and training. We set the bar high, but you won’t be on your own.
• Direct contact with exciting companies. You will connect with both experienced business people and enthusiastic world changers.
• Interesting, varied legal work for a very diverse national and international clientele. On day one, you might work on an IP infringement case for a multinational. The next day you’re reviewing contracts for a start-up. Another time you’re assisting an SME with its trademark strategy.
• A fair salary that grows as the firm grows. You deserve it!
• A modern approach. Internal and external communication is done the modern way. One does not print e-mails here. Extensive teleworking will be possible after Corona as well.

To apply, send your CV to info@jazz.legal. A motivation letter is not required, but tell us in your e-mail about something besides your studies or work that you are proud of.

Did you read something above that doesn’t apply to you? Contact us anyway, maybe your other talents will make up for it. Knowledge of Dutch and English, however, is essential.

We should distinguish between two situations:

1. Your company name will remain purely administrative. Your company name will be used and appear on invoices, but your products or services will bear another (brand) name;
2. You will also use your company name as a brand name. Whether you place it on products or offer services under this name, it is a recognition mark for your customers.

Purely administrative

In the first case, the task is less daunting. From a legal point of view, you only need to ensure that no company with the same or very similar name exists. You can quickly look this up in the Crossroads Bank for Enterprises.

If you are not going to use the name to (potential) customers, you should not take much account of its appeal. Of course, don’t go overboard; you wouldn’t want to ask a supplier to invoice Smoochie Ltd, would you?

Company name and brand name

The second situation requires more effort. You need a name that attracts, makes you curious, is not confusing and will not cause any legal issues. Keep these five tips in mind:

Not too long, not too short

Have a look at Interbrand’s annual ‘Best Global Brand’ list and you will see how often they are between five and ten letters long.

This, of course, is no coincidence. Overly long company and brand names are difficult to remember. Short abbreviations, on the other hand, are easily confused. Was it CFD or DCF?

Avoid negative connotations and difficult pronunciation

The name you have in mind is reminiscent of your childhood – but means toilet in Lithuanian. You thought of a nice pun on your own name – but this is also the name of a wanted terrorist.

Even if you deliver products or services offline, your company name will be frequently typed into search engines. You want your leads and suppliers to find you, not toilets or terrorists.

Tip: Write your company name into Google Translate without selecting a language. If it has a meaning in any language, it will be selected automatically. In any case, search extensively via search engines and social media for uses of the word in question. Especially if you want to be active internationally, this is essential.

Also make sure that your company name is easy to pronounce. You don’t want staff to have to introduce themselves on the phone as salesmen of @M@~i BV.

Not descriptive

In order to clearly indicate what the company offers, many founders look for a name that is descriptive. A new garage becomes “The Garage”. A lighting business becomes ‘Light’. It’s trendy, but not always a good idea.

On the one hand, you will never be able to register this name as a trademark, so that you cannot stop competitors from using it too. On the other hand, it is very difficult to come out on top in search engine results with such a name. Often, a combination of the two will happen to you: an established name in your sector with great SEO sees that you are successful, puts your descriptive name on its website a number of times and nobody can find you. Very annoying.

If you want your name to reflect what you do, try to give it a twist that will make it stand out.

Trademark and domain name available

When a trademark is registered, the owner of the registration gets an exclusive right to use this trademark or a similar one for identical or similar activities. You should therefore check beforehand that nobody has such a monopoly on the name you have in mind. Hint: we can help you with this.

In many sectors, it will also be important to have a website to attract and inform customers. For that, you need a domain name. Nowadays, there are many alternative top-level domain names in addition to the classic .com, .be, etc. So here you have some room to be creative. If .be or .com does not work out, go for .travel, .tattoo, .lighting or something else that is relevant to your sector.

Also make sure there are no social media profiles that could be confusing for your customers.

Be creative

Conclusion: Will your company name also be a brand name? Then think carefully about this name.

Good names create, without being descriptive, a visual image to which you can later relate your expertise and style of working. The classic Flemish solution *first letters of the partners’ names* can work, but you can also be more original: a flower, an animal, a historical figure you look up to, a musical genre :), … it can all serve as a starting point for a solid company name.

Try not to ‘fall in love’ with the first good name you think of, but wait until you are sure that you can use it as a brand and domain name. Also, avoid overly descriptive names if you want to prevent others from benefiting from your efforts.