Trademark registration the Netherlands
Register your trademark in the Netherlands 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 the Netherlands?
The costs of trademark registration in the Netherlands 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
- 2nd class
- Includes all fees
- 2nd class
How do you get a trademark registration in the Netherlands?
In the Netherlands there is a first-to-file jurisdiction, which means that the person who first applies for his trademark obtains the exclusive rights. The use of just a brand name is therefore not sufficient for this. The entire procedure to register a trademark in the Netherlands takes – provided there is no opposition to your application – approximately three months.
If you want to register a trademark in the Netherlands, you should contact the Benelux Office for Intellectual Property, also known internationally as BOIP. The result of a successful trademark registration in the Netherlands through this agency is not only trademark protection within the borders of the own country, but also within Belgium and Luxembourg. If you intend to file a trademark in the Netherlands, then protection will apply to the other Benelux countries at the same time. In addition to the Benelux registration, the European and international registration are also possible to obtain protection in this country.
Registration with the Chamber of Commerce is not enough
Many organizations wrongly assume that registration in the Chamber of Commerce automatically leads to the protection of their business name. Nothing could be further from the truth. Registration with the Chamber of Commerce only provides local protection for the trade name. Not on the trademark. It is also not possible to protect a logo at the Chamber of Commerce. Only by applying for a trademark in the Netherlands can you optimally protect your product or service.
What is BOIP?
The Benelux Office for Intellectual Property cannot and may not provide advice on trademark registrations. It is only the official authority of the Benelux that manages the trademark register. The fact that the BOIP registers your brand name in one go for the entire Benelux is laid down in the Benelux Convention for Intellectual Property. The three countries have had uniform rules for protecting trademarks since 1971. The BOIP carries out tasks related to intellectual property, promotes the rights of registered trademarks and closely monitors international developments.
How can you apply for a combined word-figurative mark?
Do you want to register a mark in the Netherlands? Perhaps it only consists of word elements or figurative elements (logos), but this can also be a combination of both. Are you going to register a brand in the Netherlands that belongs to the latter category? Then know that the exclusive rights that you obtain through registration only apply to the specific combination of elements as you have submitted it to the Benelux Office for Intellectual Property.
In practice, this means that the word element or the logo are not also protected separately. And so that a third party could use it to promote his or her product or service. You cannot object to this, unless this person offers the same or very similar products or services. If you want to prevent this, you must submit a separate application for the trademark element that you also want to use for commercial purposes separately from the whole.
What are the steps in the trademark registration process in the Netherlands?
Anyone applying for a trademark in the Netherlands and therefore automatically throughout the Benelux will go through a standard procedure, consisting of fixed steps. The first step is of course submitting the application. You will receive a confirmation of receipt by e-mail within 24 hours. The BOIP then starts to check the formal requirements, also known as deposit requirements.
When your application successfully passes the verification of the formal requirements, it will be published in the Benelux trademark register. This is a register that contains all brand names that are registered in the Netherlands, Belgium and Luxembourg. A period of two months starts on the date of publication, during which third parties are given the opportunity to oppose this. If someone is in opposition, it is best to get assistance from a trademark advisor. During the opposition period, the BOIP carries out a second substantive review. If your brand also complies with legal regulations, it can be protected.
How to use your trademark to maintain protection
If you already use your trademark before you start the registration procedure, the chance of success is greater because of the distinctive character you build up with it. However, the moment you apply for protection of your brand name in the Netherlands, you do not have to have launched your product or service on the market. If you do not use this five years after registration, there is a chance that it will be canceled due to inactivity. In addition, you should regularly check that no one is infringing on the exclusive rights you have acquired.
How about the validity and renewal of a Dutch trademark
Successfully applying for a Dutch trademark means protection for a period of ten years, with retroactive effect from the application date. The trademark protection can be renewed as often as you want and is always for a period of ten years. An application for an extension can be submitted from six months before the end date of the current period. There is a grace period of an additional six months.