How Much Does Does the Benelux Trademark Registration Cost?
Benelux Trademark Search Fees
First class $100 - Each additional class $80
Benelux Trademark Application Prices
First class $580 - Each additional class $200
How Long does it Take to Register a Trademark in Benelux?
The average application process takes 4 months.
This is an estimated process time for straightforward cases based on current timeframes for applications. It may vary considerably.
What Documents Are Needed to Start the Benelux Trademark Registration Process?
No documents are necessary to register a trademark in Benelux.
Rest assured, with iGERENT’s seamless trademark registration in Benelux services, we’ll manage the whole process and notify you promptly if there’s anything else we need from you.
Why and How to Register a Trademark in Benelux
Benelux is the union of the countries of Belgium, Netherlands, and Luxembourg. In order to register a trademark in any of these countries, the application necessarily has to be done through the Benelux Office for Intellectual Property (BOIP), and protection will be granted in all three member countries.
As Benelux members are also part of the European Union, European Union Trademarks (EUTM) are protected in this jurisdiction.
Benelux is also a member of the Madrid Protocol. Therefore, you can extend an international trademark registration through the Madrid System to Benelux. We offer services for trademark filing through the Madrid System.
Benelux follows a first-to-file system. This means it is necessary to register your trademark to obtain rights over it. However, in exceptional cases, unregistered well-known trademarks may be protected.
Does My Trademark Need to Be Used to Register It in Benelux?
It is not necessary for a trademark to have been used in order to register it in Benelux. However, prior use of a trademark may help overcome objections raised on the grounds of lack of distinctiveness.
What Happens If My Trademark Is Not Used?
If a trademark has not been used within five (5) years after registration, it can become subject to cancellation actions based on non-use.
What Happens After I File My Trademark Application in Benelux?
Once your trademark application is filed, it will be published in the Trademarks Register for two months, during which time interested third parties can file oppositions based on prior rights. At the same time, the Benelux Office for Intellectual Property (BOIP) will conduct a substantive examination to ensure the application meets the registration requirements.
What Are the Requirements for a Combined Trademark in Benelux?
If you register a combined trademark in Benelux (which includes both word and figurative elements), the exclusive right to use the trademark is limited to the exact configuration in which it was filed and registered. If you wish to use the word element separately from the logo (or vice versa), it is recommended to register a new trademark that includes only the elements you wish to protect separately.
Can I Oppose a Trademark Application in Benelux?
Yes, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.
What Is the Validity Period for a Registered Trademark in Benelux?
Registered trademarks in Benelux are valid for 10 years from the date of registration. The trademark can be renewed for additional 10-year periods indefinitely.
Renewal can be requested up to 6 months before the expiration date, and also within the 6-month grace period after expiration, subject to late renewal fees.
How Can I Register a 3D Trademark in Benelux?
Benelux recognizes three-dimensional (3D) trademarks, which provide protection for distinctive shapes or packaging. The Benelux Office for Intellectual Property (BOIP) requires that 3D trademarks be represented by images showing the object from multiple angles (front, back, top, bottom, and sides). The shape must be distinctive and cannot solely be dictated by its function.
For more information on trademark registration in Benelux, please visit the BOIP website.