Insight · Trade Marks (EU/Benelux)
The “Wendy’s” Benelux problem: territoriality and local prior rights
Summary: The long-running clash between the US fast-food brand and the Dutch snack bar “Wendy’s” shows how local earlier rights can derail EU/Benelux registrations and commercial rollout. Even global brands can be blocked or forced to adopt carve-outs or coexistence deals where a smaller business holds entrenched rights.
Why it matters
- EU/Benelux is territorial: earlier rights—however modest—can trump fame elsewhere.
- Late discovery means delays, rebrands and packaging rework—costly across channels and influencer campaigns.
What to do next
- Territory-by-territory clearance: include Benelux and regional company/Chamber searches; align with your registration roadmap.
- Plan B: prepare coexistence options, house-brand overlays, or territory-specific marks; tie to licensing terms.
- Operational readiness: align domains, social handles, packaging, and brief creators by territory (see fashion & modelling and content creation pages).
- Document goodwill: if you’re the local player, maintain dated proof of use (menus, signage, ads, receipts) to defend your position or oppose later filings (oppositions).
Key points
- Fame travels poorly without registrations/use.
- Early searches save months of remediation.
- Coexistence can be more cost-effective than total war.
Sources
- Brussels Times explainer: brusselstimes.com
- AKD note (PDF): akd.eu