Registering a trademark at BOIP is a necessary action for companies that want to do business in this market, the right to a trademark at BOIP will be granted to an individual or company using that mark for the first time in the Benelux.
The Benelux is a political and economic union of three countries in northwestern Europe, including Belgium, the Netherlands, and Luxembourg. The official agency that registers trademarks and industrial designs in Benelux is the Benelux Intellectual Property Office (BOIP).
Trademarks can also be protected in BOIP countries through the European Union Trademark registration or by designating BOIP in an international application.
Requirements when filing a trademark application at BOIP
The official languages for trademark registration at the BOIP Intellectual Property Office are Dutch and French.
The application for registering a trademark at BOIP must contain the following information: trademark to be registered, request for trademark registration in BOIP, information about the applicant(s), list of registered goods and/or services signature, priority document (if priority is required), 4 trademark samples.
To claim priority, a copy of the Priority Document (without legalization) must be provided at the same time as the filing of the trademark application at BOIP. An English translation of this document is required.
Power of attorney is usually not a required document when registering a trademark at BOIP. However, the legal representative’s details must be entered on the application.
Examination, publication, and objection to trademark applications in BOIP
A BOIP trademark application must undergo a formal and substantive examination including a distinctiveness test. The application will be published after a successful examination of the official requirements. An objection to a trademark application at the BOIP may be filed within 2 months after the date of publication of the trademark.
Term of validity and renewal of trademark
The degree fee is included in the application fee. The BOIP trademark is valid in the territories of Belgium, the Netherlands, and Luxembourg for ten years from the date of filing. Trademarks may be renewed for ten consecutive years within six months before the expiration date. A six-month extension may be granted on condition of payment of a surcharge.
The trademark registration process at BOIP takes about 3 months.
The time limit for filing a response to a decision to temporarily deny an international registration is six months from the date the BOIP issues the refusal decision. Requests for an extension of time can be sent to BOIP. The language of the response form is Dutch, French, or English.
Usage requirements
Trademarks may be revoked on a non-use basis if such provisions are provided in national law.
Represented by a trademark attorney
For foreign applicants, a trademark search at BOIP should be done through a law firm or a trademark attorney at BOIP.