In February 2005, Belgium, the Netherlands, and Luxembourg signed the Benelux Intellectual Property (Trademarks and Designs) Convention and established the Benelux Intellectual Property Organization. The organization is supervised by an executive committee composed of representatives from the three countries and promotes Trademark and design protection in the Benelux countries. Therefore, for trademark registration applications and design applications, one patent application or trademark application can cover the three countries of Belgium, the Netherlands, and Luxembourg. In the Benelux, apply for word marks, graphic marks, shape marks, color marks and sound marks in names, designs, signs, seals, letters, numbers, the appearance of products or packaging and their various combinations. Under certain circumstances, the three-dimensional shape of a product or package may be registered as a trademark. In addition, in the Benelux, you can also apply for series trademarks, joint trademarks, and collective trademarks, and you can apply for one trademark for multiple categories.
There are three ways to register a trademark in the Benelux. One is the single-country registration route; the second is to apply for an EU trademark and take effect in the Benelux; and the third is the Madrid route.
1. Trademark authority
- Benelux Office for Intellectual Property, English: Benelux Office for Intellectual Property, BOIP
- Website: All about trademarks | Benelux Office for Intellectual Property (boip.int)
- Trademark search: BOIP Trademarks register | Benelux Office for Intellectual Property
2. How to apply for trademark registration
- electronic submission
3. Trademark registration application language
- English/French/Dutch
4. Documents required for trademark registration application
- Trademark pattern;
- The applicant’s name and address;
- List of goods and services;
- Trademark type;
- Copy of priority document, only English translation required
- Benelux trademark registration generally does not require the submission of a power of attorney. However, details of the legal representative should be provided in the application.
5. Belgium/Netherlands/Luxembourg trademark registration application process
- Once a Benelux trademark application is submitted, the Benelux Trademark Office will send a confirmation letter via email, and the trademark application will appear in the Benelux trademark registration system on the same day. Trademark applicants can check the trademark application in the system at any time. status. BOIP conducts formal examination of trademark applications and substantive examination including trademark distinctiveness. The application will be made public after passing the formal review.
6. Documents required for trademark change/transfer
- Documentation of the change of name/address, such as an extract from the commercial register (this document must show the link between the old and new names), publication in the Official Gazette of Belgium, a copy of a notarized deed certifying the modification of the company's articles of association, etc.
- A copy of the transfer agreement signed by both parties (transferrer and transferee), or an excerpt of the entire contract.
- Notarized Transfer Statement.
7. Trademark cancellation
- If a registered trademark is not used for five consecutive years, the trademark may be revoked.
8. Trademark objections
- Within 2 months of the trademark announcement, anyone can file an objection request on the announced trademark.
- There are three outcomes for ending an objection:
- If the objection is established and all the opposed trademarks are rejected, the opposed party must pay €1,045 to the opposing party.
- If the objection is established and the opposed trademark is partially rejected, the trademark category of the opposed party will be partially deleted.
- If the objection is rejected, the original opposed trademark will be approved for registration, and the opponent must pay €1,045 to the opposed party.
9. Authorization, validity period and trademark renewal
- The trademark application fee includes the authorization fee. Counting from the date of application, the Benelux trademark is valid in Belgium, the Netherlands and Luxembourg for 10 years from the date of application. It can be renewed within 6 months before the validity period expires, and the trademark can be renewed for 10 years. If payment is made within the 6-month grace period, a late fee will be charged
10. Average time for trademark authorization
- If the trademark registration goes smoothly, it will take about 3 months to register the Benelux trademark.
11. Other matters needing attention
- Benelux trademark registration applications can request accelerated examination, but because substantive examination and opposition are conducted after registration, if the trademark is rejected or opposition occurs, the request for accelerated examination will be revoked. The fees for expedited review are not refundable.
- In special cases, after prolonged and intensive use, a descriptive mark may be regarded as a trademark by consumers. This is called acquisition of trademark use. In the Benelux, even if consumers think that a mark itself is not distinctive, it can still be used as a trademark because it is a descriptive mark, for example, Air France, British Airways, etc. However, as a trademark applicant, you must provide evidence to prove that the unique characteristics of the trademark are obtained through use.
