Trademark registration Benelux
Register your trademark in the Benelux online in 3 steps…
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How to register a trademark in the Benelux
What are the costs of a trademark registration in the Benelux?
The costs of trademark registration in the Benelux 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.
Registration
- Includes all fees
- 2nd class
extra class
Watch
- Includes all fees
- up to 3 classes
extra class
Renewal
- Includes all fees
- 2nd class
extra class
How do you get a registered trademark in Benelux?
A trademark registration in the Benelux is valid in Belgium, the Netherlands and Luxembourg. In the Benelux, you only get rights to a trademark if it is registered with the Benelux Office for Intellectual Property, also known as BOIP. When your brand name is approved and registered, it gives you protection in all three countries.
The Benelux has FTF (First To File) jurisdiction, which means that it is necessary to register a trademark in order to obtain the rights to it. In the Benelux you therefore do not only acquire rights with the use of a brand name, as is the case in some countries.
Is registration with the Chamber of Commerce sufficient?
If you have registered with the Chamber of Commerce (the Netherlands), the Kruispuntbank (Belgium) or the Chambre de Commerce (Luxembourg), you are already on the right track. However, many entrepreneurs make the mistake of thinking here that registration in the Chamber of Commerce also means protection of the brand name and / or logo. However, that is not true. Do you want to be able to optimally protect your name or logo? Then you need to register a trademark. For example, competitors cannot just take advantage of your success and you get the exclusive right to use the brand.
What is the BOIP?
The Benelux Office for Intellectual Property (BOIP) is part of the Benelux Organization for Intellectual Property. The latter’s tasks include implementing the Benelux Convention on Intellectual Property, promoting trademark protection in the Benelux countries and continuously evaluating Benelux law in the light of international developments.
What steps do you have to take to register a trademark?
Applying for a brand name via the BOIP goes through a fixed sequence of steps. The first step involves submitting the application by you as an entrepreneur. You will receive a confirmation of receipt by e-mail within a day. In a next stage, the BOIP checks the formal requirements, also known as deposit requirements. For example, your name and address are checked, as is the class (es) in which your product or service is classified. Any foreign deposits are also checked.
If your application meets the formal requirements, it will be published in the Benelux trademark register. For a period of two months, third parties have to oppose on the basis of their rights. If this happens, it is best to hire a trademark advisor. During the same period, the BOIP carries out a substantive assessment, in which it is checked whether your brand complies with the legal rules. If so, it will be approved. If there is no opposition, the entire procedure will take approximately three months.
How does maintaining your trademark work?
In order to register a trademark, it is not necessary to actually have it in use at that specific moment. However, using the brand can strengthen you in its distinctiveness. If a brand name has not been used in the five years after registration, there is a risk of cancellation due to inactivity. Once you have registered your brand name, it is therefore important to maintain it. In addition to actively using it, this also means monitoring that no one other than you is using the brand.
Validity and renewal of your Benelux mark
When trademark registration is a fact, it is valid for ten years. This period starts on the date on which you submitted the application. When the trademark registration ends, you can renew it. You do this as often as you wish and each time for a period of ten years. The request for extension can be submitted as early as six months before the end date. Are you late and do you apply for an extension up to six months after the end date? Then it can still be processed. However, this is offset by higher costs.
How does trademarking work with word and figurative elements?
If you want to file a trademark, this can be a word mark, a logo or a combination thereof. In the latter case, the exclusive rights that you acquire with trademark registration only concern the specific combination as presented at the BOIP. If you want to be able to use the word element and the figurative element separately, it is recommended to register and protect these two separately.
If you don’t do this, you will not necessarily be left empty-handed. If another party uses one of the elements to offer very similar goods or services, you may appeal against it. However, its success is highly dependent on the situation.
How does registration work at European and International level?
In addition to the Benelux, you can also apply for a trademark registration for the European Union, just as for individual countries within and / or outside the European Union. You can then file a trademark with the EUIPO or WIPO respectively. The latter works on the basis of the Madrid Protocol; the main international system to facilitate trademark registration around the world.
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