Benelux includes the Netherlands (Holland). The Benelux countries are Belgium, the Netherlands, and Luxembourg. To register a trademark in the Netherlands, an application must be submitted to the Benelux Office for Intellectual Property (BOIP), and protection will be provided in all the three member nations.
Benelux members are also European Union members, hence European Union Trademarks (EUTM) are protected in this jurisdiction.
Benelux is also a member of the Madrid Protocol. As a result, this country can use the Madrid System to extend an international trademark registration.
The Benelux is a “first-to-file” country, which means that registering a trademark is required to get the rights to it. Well-known trademarks, on the other hand, can be protected in rare circumstances even if they have not yet been filed.
Benelux’s filing requirements
The official languages for trademark applications in the Benelux are Dutch and French, but an application can also be filed in English.
In order to obtain the filing date, a trademark application in the Benelux must provide the following information:
– representation of the trademark;
– applicant(s)name and address;
– list of goods and services;
– trademark type;
– priority details (country, number, date).
A copy of the Priority Document (non-legalized) must be filed simultaneously with trademark applications in Benelux to confirm the priority right. It is sufficient to translate it into English.
In most cases, the POA form is not necessary for trademark registration in the Benelux. The legal representative’s information, on the other hand, should be included in the application form.
Examination, publication, and opposition of a trademark application
Formal and substantive examination of Benelux trademark applications, including examination of distinctiveness, is required. Following the successful examination of formal requirements, the application will be published. In the Benelux, an opposition to a trademark application must be filed within two months of the trademark’s publication date.
Grant, validity term, and trademark renewal
The filing fee includes the grant fee. A Benelux trademark is valid for ten years from the date of filing in Belgium, the Netherlands, and Luxembourg. Within six months after the expiration date, it can be renewed for another ten-year period. A six-month grace period may be given in exchange for the payment of a surcharge.
How long will it take to register a trademark in Benelux?
In the case of a successful registration procedure, the processing period from first filing to registration is approximately 3 months.
Use requirement
A trademark’s validity in the Benelux could be revoked if it hasn’t been used for five years after it was registered.
Representation by an attorney who specializes in trademarks
If an applicant lives outside of the Benelux nations, trademark prosecution should be handled by an agent, a registered trademark attorney with a residency or registered office in the European Union or the European Economic Area.