Netherlands Trademark Registration

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.

To register a trademark in Netherlands, 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 application process takes approximately 4 months.

This is an estimated processing time for straightforward cases, based on current timeframes for trademark applications. Actual times may vary considerably depending on the circumstances.

Registered trademarks in Benelux (including the Netherlands) are valid for 10 years from the date of application.

They can then be renewed indefinitely for successive periods of ten (10) years. Renewal can be requested:

• As early as six (6) months before the expiration date, and
• As late as six (6) months after the expiration date, in which case late renewal fees will apply.

If a trademark is not used during the five years following its registration, it becomes vulnerable to cancellation actions based on non-use.

Yes. Once a Benelux trademark application is filed, it is published in the Trademarks Register for a period of two (2) months. During this period, interested third parties may file oppositions against the application based on their prior rights.

If a third party intends to register or use a trademark for similar goods or services that includes a primary or distinctive part of your mark, you may oppose the application on the grounds of confusing similarity. The likelihood of success will depend on the specific circumstances of each case.

At the same time, the BOIP conducts a substantive examination to determine whether the application complies with registration requirements.

A trademark does not need to have been used in order to be registered in Benelux (Netherlands). Prior use is not a prerequisite for filing or registration.

However:

• Previous effective use may help overcome objections based on lack of distinctiveness during examination.
• If a registered trademark is not used for a consecutive period of five (5) years after registration, it becomes vulnerable to cancellation actions based on non-use.

The Netherlands, through the Benelux Office for Intellectual Property (BOIP), allows the registration of three-dimensional (3D) trademarks.

Key points from the text:

• The 3D shape must have distinctiveness, i.e., it must be capable of distinguishing the goods or services of one undertaking from those of others.
• The shape cannot be exclusively functional or result solely from the nature of the goods themselves.
• Applications must include clear representations of the 3D mark from different angles.
• If the 3D mark does not have inherent distinctiveness, it may be necessary to provide evidence of acquired distinctiveness through use in the Benelux market in order to obtain registration.