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.
Trademark registration procedures in Belgium
Benelux is a “first-to-file” jurisdiction. This means that it is necessary to register a trademark to obtain rights over the trademark, for other parties may register your trademark before hands and take ownership of it, exclude the circumstance of well-known trademarks.
It should be noted that a trademark doesn’t need to have been used beforehand for it to register. However, previous effective use of the trademark may be useful to help surmount future objections raised on the grounds of lack of distinctiveness.
Once a trademark application is filed, it will be published in the Trademarks Register for two months. During this period, related third parties may file oppositions against the trademark application based on their prior rights. At the same time, the BOIP will conduct a substantive examination to determine whether the application complies with the registration requirements.
If the applicant file for a combined trademark (both word and figurative elements) in Benelux, the exclusive right to use the trademark is limited to the use of the trademark in the exact configuration or way in which it was filed and registered.
Note:
- If the applicant wishes to use the word element of their trademark separately from the logo (or vice versa), it is recommended that they register for another trademark including only the word or figurative elements you wish to use and protect separately.
- If a trademark has not been used in 5 years following its registration, it will become vulnerable to cancellation based on the claim of non-use of the mark.
Trademark registration fees in Belgium
Search prices First class $90.00 – Each additional class $70.00
The price is for wordmarks only. If the trademark includes a figurative element (logo), an additional fee of 30 USD per class will apply.
Application prices First class $580.00 – Each additional class $180.00
Trademark registration validity in Belgium
Registered trademarks in Benelux have a validity of 10 years from the date of registration. The applicant can file for renewal for consecutive periods of ten years continuously. The trademark renewal can be requested as early as 6 months before the expiration date and as late as six months after it during a grace period in which payment of late renewal fees are required.
You can see a list of Belgium IP firms here.