Trademark registration in Luxembourg. Luxembourg, officially the Grand Duchy of Luxembourg, is a landlocked country in Western Europe. Luxembourg’s stable and high-income market economy features moderate growth, low inflation, and a high level of innovation. In addition, this country’s unemployment rate is traditionally low. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Luxembourg.
Signs registrable as a trademark in Luxembourg
Any sign that can be represented graphically can be registered as a trademark in Luxembourg. Specifically, a trademark in Luxembourg must be:
- Distinguishable: The mark must be able to distinguish the goods or services of its owner from the goods or services of others.
- Distinctive: The mark must be represented in a manner that enables the competent authorities and the public to recognize its purpose which is to offer a particular product or service.
The trademark in Luxembourg may consist of: letter, word, or digit, or a combination thereof; words (including slogans); drawings; letters; digits; three-dimensional signs, such as the shape of a product or its packaging; musical or vocal sounds; scents; colors.
Forbidden signs as a trademark in Luxembourg
Ideas, concepts, sounds, and smells may not be registered as a trademark in Luxembourg. However, trade names and advertising slogans may be registered as a trademark.
A mark cannot and will not be registered or will be declared null and void if it is:
- A mark that cannot be used as a trademark;
- A mark that is devoid of any distinctive character;
- A mark that is contrary to public order or principles of morality;
- A mark that is likely to deceive or cause confusion to the public;
- A mark that is identical or similar to a previously registered trademark.
The procedure of trademark registration in Luxembourg
Luxembourg does not have a national trademark protection scheme. As such, all trademark filings will be registered in the 3 Benelux countries.
Luxembourg is a member of Benelux which is the union of the countries of Belgium, Netherlands, and Luxembourg. Accordingly, if an applicant registers a trademark through the Benelux Office for Intellectual Property (BOIP) in Luxembourg, it will be granted protection in all three-member countries of Benelux.
After receiving the trademark application, if there are no problems detected, the trademark application will be published in the Trademarks Register for a period of two months. During this time, any third parties who feel like their rights are violated may file an opposition to the registration of the trademark.
During this time, the BOIP will conduct a substantive examination to determine whether the application complies with the registration requirements.
If there are no oppositions raised and no errors identified in the application, the trademark will be registered and the applicant will be granted a trademark certificate in Benelux and they will have their trademark protected in all 3 countries of the Benelux including Belgium, Netherlands, and Luxembourg.
The registered trademark in Benelux has a protection period of 10 years from the filing date. Every 10 years, 6 months before and after the expiration of the trademark, the trademark owner may file for renewal of the trademark to extend its protection period to another 10 years.
Note:
The members of Benelux are members of the European Union, thus European Union Trademarks (EUTM) are protected in this jurisdiction.
Benelux is also a member of the Madrid Protocol. Accordingly, the applicant may choose to register their trademark through the Madrid System in order to obtain protection in Luxembourg.
Use requirement of a trademark in Luxembourg
A trademark doesn’t need to have been used for it to register in Luxembourg. However, previous use of the trademark in practice may be useful to help overcome future objections raised on the grounds of lack of distinctiveness.
If a trademark has not been used in the 5 years from its registration, it will become vulnerable to cancellation actions based on non-use of the mark.
You can see a list Luxembourg IP firms here.