Trademark registration Luxembourg
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What are the costs of a trademark registration in Luxembourg?
- Includes all fees
- Includes all fees
- up to 3 classes
- Includes all fees
How do you get a trademark registration in Luxembourg?
If you want to register your trademark in Luxembourg, you can apply for a Benelux registration, which also offers protection in Belgium and the Netherlands. In the Benelux there is a first-to-file jurisdiction, which means that you must be the first to register a trademark in order to obtain the exclusive rights to it. You therefore do not only acquire rights with the use of a trademark within this geographic area. It is not necessary to have your trademark in use prior to registration. However, this does increase the chance of approval, because active use contributes to a higher distinctive character.
The local, European or international registration of your trademark in Luxembourg
If you want to register a trademark in Luxembourg, you should contact the BOIP, the Benelux Office for Intellectual Property. Despite the fact that approved applications offer protection for three countries at the same time, the Benelux trademark is still seen as a national trademark. It is not possible to apply for a trademark in Luxembourg alone. In addition to registration at local level via the BOIP, registration at European and international level is also possible.
About the Benelux Office for Intellectual Property
The Benelux Office for Intellectual Property is the official body to which you turn to register your trademark, i.e. the name and / or logo that you use for commercial purposes. The office is part of the organization that promotes trademark protection in the Benelux countries and keeps a close eye on rights in the light of international developments. All trademark registrations in the Benelux can be found in the register of the BOIP, also known as the BOIP.
How can you register a combined trademark in Luxembourg?
We speak of a combined trademark when the trademark consists not only of word elements or figurative elements, but of a combination of both. The exclusive right that you acquire by registering your trademark will then only relate to the specific combination of these characters, as offered with the BOIP. In practice, this means that the individual elements can possibly be used by third parties for their own commercial purposes.
If you want to prevent this, it is strongly recommended that you also register the separate part of your trademark. More specifically: the separate part that you (possibly) want to use to promote your product or service. If you choose not to go through an additional registration procedure, you cannot object to third parties who use one of your separate brand elements. An exception to this is the situation in which an entrepreneur offers products and / or services that are very similar to yours and can cause confusion among consumers.
What are the steps to register the trademark in Luxembourg?
If you want to register a trademark in Luxembourg -which automatically gives you trademark protection in Belgium and the Netherlands-, you go through a number of steps in fixed order. After your registration you will receive a confirmation of receipt by e-mail within one day. The BOIP then checks the formal requirements. This includes the personal details of the owner of the brand, but also the classification of your product or service.
When your application successfully passes this first stage, it will be published in the Benelux trademark register. Third parties then have two months to object to the protection of your trademark. During the same period, the BOIP will take the time to carry out a further substantive assessment. This checks whether your trademark complies with legal regulations. If there is no opposition from third parties, the entire procedure will take approximately three months.
The distinctiveness of a mark
If you want to register your brand in Luxembourg, it is very important that it is distinctive. In fact, this is a hard requirement for registration. This involves looking at the overall impression that the elements of the brand make on the public. For example, a too general description of a product or service is not distinctive enough. Registration of general descriptions would also lead to other entrepreneurs being prohibited from using them. That is not the intention. A trademark with poor distinctive character will therefore be refused by the BOIP.
How does trademark protection work outside the Benelux?
As an entrepreneur, are you also active outside the Benelux? Then you need to expand your protection. This can be done by means of an EUTM application, with which you can apply for trademark protection in all member states of the European Union. The Benelux is also a member of the Madrid Protocol. This means that extension of the international registration is possible. The trademark will then be filed via WIPO.
The period of validity of a registered trademark
Did you succeed in filing your trademark in Luxembourg and therefore the entire Benelux? This has a validity of ten years, starting on the application date. It can be extended endlessly, each time for another ten years. You can apply for an extension from six months before the end date and up to six months afterwards, in the latter case by paying extra costs. If you do not use your trademark five years after registration, there is a risk of cancellation due to inactivity.