What is a Benelux trademark registration?

Before we start an application, we look at whether your trademark meets the formal requirements:

• the trademark must be distinctive
• it may not be descriptive
• it may not conflict with public order or morality

Does the trademark not (yet) meet these requirements? We think along with you about how it can be made suitable for registration.

Although not mandatory, a preliminary search is strongly recommended. The Benelux Office for Intellectual Property does not check whether your trademark infringes older rights. That responsibility lies with you as the applicant.

We therefore look — depending on the chosen service level (LIGHT, SOLID or GOLD) — at whether older trademarks exist that could pose a risk. We discuss the results transparently with you and advise on the best approach.

In this phase, the application details are carefully drafted:

• Description of goods and services in accordance with the Nice classification, based on your activities
• Applicant name for the trademark (in the name of a natural person or legal entity). Note: incorrect details can lead to invalidity of the trademark
• Choice of trademark type (word mark, figurative mark or combination). We jointly determine which form offers the best protection with the lowest risk

After your approval, we file the trademark application with the BOIP and arrange payment of the official fees. You immediately receive:

• a filing number
• a filing date (the start date of your trademark right)

The BOIP checks whether the application is formally correct. This covers:

• the correctness of the classification and description
• the completeness of the trademark owner’s details (note: no check against the Chamber of Commerce)
• the admissibility of the trademark itself

If something is not in order, we receive a so-called regularisation notice. This can be responded to within one month:

• Questions about description or applicant details: free of charge
• Objection to a refusal of the trademark itself: €250

After successful examination, the trademark is published. From that moment, an opposition period of 2 months applies, during which other trademark owners can file an objection. If no opposition is filed, approximately 2 weeks after expiry of the opposition period the registration is usually definitive and you will receive the digital registration certificate.

After registration, it doesn’t stop. We keep you actively informed about important points:

• Use requirement: the trademark must be genuinely used within 5 years of registration for the registered goods and services. Use that differs from the registered form can affect protection.
• Renewal: a Benelux trademark is valid for 10 years and can always be renewed for 10-year periods.
• Changes: no changes can be made to the trademark itself. In case of changes, a new trademark application is often necessary.
• Changes to trademark owner details: such as name or address — these must be reported in time.
• Enforcement: as a trademark owner you are yourself responsible for taking action against infringements, for instance via trademark watch.