Trademark registration Belgium
Register your trademark in Belgium online in 3 steps…
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We have researched availability for more than 150,000 brands and verified that they met all requirements to trademark them.
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Every year we register more than 1500 trademarks in all countries in the world, with objections being lodged in less than 1 percent.
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What are the costs of a trademark registration in Belgium?
The costs of trademark registration in Belgium depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get protection in all of classes 1 through 45 of the Nice classification.
- Includes all fees
- 2nd class
- Includes all fees
- up to 3 classes
- Includes all fees
- 2nd class
How do you get a trademark registration in Belgium?
If you want to register a trademark in Belgium, you can do so on a local, European and international level. If you choose the first – the basic registration – then you submit your application to the BOIP: the Benelux Office for Intellectual Property. Registration through this agency provides trademark protection in Belgium, the Netherlands and Luxembourg. In the Benelux, the First to File jurisdiction applies, which means that the person who registers the trademark first obtains the exclusive rights to it. Only a registration with the Crossroads Bank is insufficient.
What is the BOIP?
It is therefore important to register your trademark in Belgium, to ensure that third parties cannot use it. The BOIP is part of the BOIE: the Benelux Organization for Intellectual Property. Its tasks include promoting the protection of trademarks in the Benelux countries and continuously evaluating trademark rights in the light of international developments.
What are the steps of the trademark registration process in Belgium?
If you want to apply for registration of your brand name in Belgium, you always go through a procedure consisting of various standard steps. The first step is of course submitting the application. You will receive confirmation by e-mail within 24 hours. After receiving your application, the BOIP will examine the formal requirements, also referred to as the deposit requirements. If your application is approved during this first formal examination, it will be published in the Benelux trademark register. At the same time, the substantive assessment starts. At this stage, it is investigated whether the brand complies with the legal rules.
When your trademark appears in the Benelux trademark register, other entrepreneurs will have two months to object to it. They do this if they think that approval of your application is in conflict with the rights they have already acquired with their trademark. If someone objects to an opposition, a difficult procedure is started. In that case, it is best to hire a trademark advisor. If there is no opposition, trademark registration in Belgium can be granted. Filing a brand name in Belgium usually takes three months.
Using your brand name
If you are going to register a brand name in Belgium, it is not necessary at that exact moment to actively use this brand. This is not a condition for granting the registration. On the other hand, it is true that active brand names have an even greater chance of being accepted because they score higher on the criterion of distinction. Are you not using your trademark five years after registration? Then you run the risk that it will be canceled due to inactivity.
What is the duration of validity of a trademark registered in Belgium?
Registered trademarks are valid for ten years in the Benelux. This period starts on the date of the application. When the registration period comes to an end, you can extend it for another ten years. This can be done infinitely often. The application for extension can be submitted from six months before the end date. There is a grace period up to six months after the end of a registration period; You can still renew your trademark for an additional fee.
How to maintain your trademark?
Is registration of your brand name a fact in Belgium? Many entrepreneurs mistakenly think that they can then sit back; after all, their trademark is protected. However, you have to actively maintain your brand yourself. This means regularly checking which new trademarks are in an application procedure and whether they may conflict with your rights. You carry out the maintenance yourself, unless you have this done by an external IP professional such as a trademark advisor.
Registering a combined trademark in Belgium?
If you want to register a combined trademark in Belgium – i.e. a trademark that contains both word elements and figurative elements – then the exclusive right that you acquire with this registration applies to the use of the trademark in the exact composition, as offered with the BOIP. In other words, the word element and figurative element are protected as a combination, but not separately.
If a third party wants to use one of these two elements, this is therefore legal. You can only object if the product or service that this entrepreneur offers is very similar to yours. To avoid this situation, it is best to register the two elements of your trademark separately to guarantee optimal protection.
Trademark registration at European or international level
At the BOIP you apply for a trademark registration for the Benelux. Do you intend to register it outside the Benelux as well? For example within the European Union or in individual countries outside of it? Then you can also register your trademark with the EUIPO or WIPO respectively. With a European registration you obtain protection in all countries of the European Union. With an international registration through the Madrid Protocol, you can register your trademark in selected countries around the world.