Trademark registration in Belgium. Belgium is a member of Benelux which is the union of the countries of Belgium, Netherlands, and Luxembourg. Therefore, if an applicant registers a trademark through the Benelux Office for Intellectual Property (BOIP) in Belgium, it will be granted protection in all three-member countries of Benelux. Furthermore, the members of Benelux are members of the European Union, thus European Union Trademarks (EUTM) are also protected in this jurisdiction.
To register a trademark in Belgium, you will need to prepare a trademark registration dossier. Here are the key components typically included in a trademark registration dossier for Belgium:
- Application Form: Begin by completing the trademark application form. The form will require details such as the applicant’s name, address, and contact information, as well as a clear representation of the trademark and a list of the goods and/or services associated with the mark.
- Power of Attorney: A signed and notarized power of attorney is usually required if you are using an agent or representative to file the trademark application on your behalf. The power of attorney authorizes the representative to act on your behalf during the trademark registration process.
- Trademark Specimen: Include a specimen or sample of the trademark. This can be a graphical representation or a stylized version of the mark, depending on the nature of your trademark.
- Priority Claim (if applicable): If you are claiming priority based on an earlier application filed in another country, you need to provide the details of the priority application, including the filing date, country, and application number.
- Goods and Services Classification: Identify the specific goods and/or services associated with your trademark. Classify them according to the International Classification of Goods and Services (Nice Classification). Each class has a corresponding list of goods and services, and you need to indicate the relevant classes for your trademark.
- Supporting Documents: Depending on the specific requirements in Belgium, you may need to provide additional supporting documents. These may include a copy of the applicant’s commercial registration certificate or a certified copy of the priority document (if applicable).
Once you have compiled the trademark registration dossier, you can submit it to the Benelux Office for Intellectual Property (BOIP) if you are seeking trademark protection in Belgium, the Netherlands, and Luxembourg collectively (Benelux trademark). If you wish to register the trademark specifically in Belgium, you can submit the dossier to the Belgian Intellectual Property Office (OPRI). The office will review your application, conduct an examination, and process your trademark registration. It’s advisable to consult with a local intellectual property attorney or a trademark agent in Belgium to ensure compliance with the specific requirements and regulations of the country.
Please note that the information provided is a general overview, and it is important to consult with a legal professional or intellectual property specialist in Belgium for specific guidance tailored to your situation.
You can see a list of Belgium IP firms here.