The Netherlands (Holland) is part of the Benelux union, together with Belgium and Luxembourg. To register a trademark in the Netherlands, the application must be filed through the Benelux Office for Intellectual Property BOIP. A single Benelux trademark registration grants protection in all three member countries.
Benelux is a “first-to-file” jurisdiction, which means that trademark rights are obtained through registration, not through use. Registration is therefore essential to secure exclusive rights. In exceptional cases, well-known trademarks may be protected even if they have not yet been filed.
Benelux members are also part of the European Union, so European Union Trademarks (EUTM) are protected in this jurisdiction. In addition, Benelux is a member of the Madrid Protocol, so protection can also be obtained by designating Benelux via the Madrid System. We offer services for trademark filing through the Madrid System.
If you register a combined trademark (including both word and figurative elements), your exclusive rights are limited to the exact configuration in which the mark is filed and registered. If you wish to use the word element separately from the logo (or vice versa), it is recommended to file an additional trademark covering only the elements you want to use and protect independently.