Registration of industrial designs in Benelux countries – Every company that owns an industrial design and intends to expand its business in the Benelux market should use the Benelux intellectual property system. It is paramount for businesses to file an industrial design application with Benelux for industrial designs, even if the launch of the respective product in the Benelux market has not yet commenced.
The Benelux is a political and economic union of three countries in northwestern Europe, including Belgium, the Netherlands, and Luxembourg. The official agency for the registration of industrial designs in Benelux is the Benelux Intellectual Property Office (BOIP).
Requirements for application for registration of industrial designs in Benelux
The official language when registering an industrial design at the Benelux Intellectual Property Office is English. Design applications may be filed in any language; however, an English translation certified by the applicant or the translator must be submitted within 2 months of the date of application.
It is necessary to provide the following information and documents in the application for registration of an industrial design at Benelux:
- request registration of industrial designs at Benelux;
- name, address, and nationality of the applicant, business address
- industrial design name;
- information on priority rights (if any).
Priority can be claimed within 6 months from the priority date.
Certified copies of the Priority Document will be provided within 3 months from the date of application. If the language of the Priority Document is not English, the English translation must be submitted within 6 months from the date of application.
A simply signed power of attorney needs to be filed at the time of application or within 2 months of filing.
If the applicant is not the creator of the design, a statement explaining the applicant’s rights to the design should be filed with the industrial design application with the Benelux.
Examination of industrial design applications in Benelux
Examination of the application for compliance with the formality requirements will be conducted.
Validity period and renewal of industrial designs in Benelux
There is no renewal period for industrial designs when registered at Benelux.
If the application complies with the appearance requirements, the design is registered and subsequently published. The validity period of the design is 10 years from the date of application, provided that the annual maintenance fee is paid in full. Maintenance fees are due on the date of application each year. The maintenance fee can be paid up to 6 months after the due date provided the corresponding surcharge is paid.
Represented by an industrial design registration attorney
An international applicant for industrial design registration in Benelux should perform an industrial design search in Benelux through a law firm, a lawyer with expertise in industrial designs.