Belgium Trademark Registration

To obtain trademark protection in Belgium, you must file through the Benelux system. Belgium is part of Benelux, the union of Belgium, the Netherlands and Luxembourg.

This means that when you register a trademark for Belgium, the application is filed with the Benelux Office for Intellectual Property, also known as BOIP, and the resulting registration automatically protects your mark in all three Benelux countries.

Benelux is a first-to-file jurisdiction: in practice, you must register your trademark to obtain and enforce exclusive rights, except in some exceptional cases involving well-known marks. Prior use is not required to file or register, but previous effective use may help overcome objections based on lack of distinctiveness.

You can also obtain protection in Belgium via a **European Union Trademark (EUTM), which covers all EU member states, or through an international registration via the Madrid System, since Benelux is a member of the Madrid Protocol. We offer services for trademark filing through the Madrid System.

To register a trademark in Belgium, you will generally need to provide:

• The name or logo you want to register
• The applicant’s details

No documents are necessary.

If any additional information or country-specific formalities apply, your iGERENT consultant will confirm the exact requirements and guide you through each step.

The average trademark application process in Belgium (Benelux) takes around 4 months for straightforward cases, based on current timeframes.

This duration may vary depending on the specific circumstances of the application, including any office objections or third-party oppositions.

Once your trademark has successfully passed examination and the opposition period:

• It is registered in Benelux, granting protection in Belgium, the Netherlands and Luxembourg.
• The registration is valid for 10 years from the application date.
• It can be renewed indefinitely for further periods of ten (10) years.
• The renewal may be requested from six (6) months before the expiry date and up to six (6) months after it, subject to late renewal fees in the grace period.

Your registered trademark may become vulnerable to cancellation if it is not used for five consecutive years, so maintaining genuine use in the Benelux territory is important.

Yes. Once a trademark application is filed in Benelux (covering Belgium), it is published in the Trademarks Register for two (2) months.

During this publication period, interested third parties may file an opposition against the application based on prior rights and confusing similarity between the marks.

The Benelux Office for Intellectual Property (BOIP) will also examine whether the application meets all registration requirements. The chances of success for an opposition will depend on the specific facts and evidence in each case.

• Use is not required for a trademark to be filed or to obtain registration in Benelux (Belgium).
• However, if a registered trademark is not used for a continuous period of five (5) years, it becomes vulnerable to cancellation actions based on non-use.

Previous and effective use of the mark in the Benelux territory may also help overcome distinctiveness objections during examination.

Belgium recognizes three-dimensional (3D) trademarks through the Benelux Office for Intellectual Property (BOIP). Key points for registering a 3D trademark in Belgium/Benelux include:

• Distinctiveness: the 3D shape must be capable of distinguishing your goods or services from those of others.
• Non-functionality: the shape cannot be determined solely by a technical function of the product.
• Representation: applicants must provide clear graphical representations or photographs of the 3D mark from different angles.
• Acquired distinctiveness: if the 3D mark is not inherently distinctive, BOIP may require evidence of acquired distinctiveness through use in the Benelux market.

The BOIP examines 3D marks rigorously to ensure they meet the legal criteria. For more information, you can consult the BOIP website.