Trademark registration 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.

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.

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.

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.