COUNTRY : KINGDOM OF BELGIUM
CAPITAL : BRUSSELS
COUNTRY : NETHERLANDS
CAPITAL : AMSTERDAM
COUNTRY : GRAND DUCHY LUXEMBOURG
CAPITAL : LUXEMBOURG
Language: Dutch, French & German
MEMBER : European Union, OECD, Benelux, Trademark Law Treaties Western European Union, WIPO, WTO-TRIPS, Paris Convention PCT, Madrid Agreement, Hague Convention, Locarno Agreement, Bern Convention
The Intellectual Property Office administering Benelux Countries is known as the Benelux Office for Intellectual Property (BOIP).
PROTECTION OF TRADEMARKS IN BENELUX:
1. BENELUX REGISTRATION: Within the territory of Belgium, Netherland & Luxembourg
2. EUROPEAN UNION COMMUNITY TRADEMARK THROUGH OHIM: Within the territory of EUROPEAN UNION.
3. MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF TRADEMARKS
Please refer our Treaties section on International protection under Madrid System, Community Trademark Registration and Benelux Countries Trademark Registration.
Therefore, to obtain protection in Benelux Countries, there are three options from which the applicant can choose.
Search can be carried out in the trademark registers which contain all the filed as well as registered trademarks. These registers are available online in English, French and Dutch.
Filing can be done online or by paper in Dutch or French. However, it is advised to file trademark applications online as it is faster and easier. Once the online application is submitted, a confirmation receipt is sent within 1 working day by email. Paper submissions can be made by post or fax and a confirmation receipt will be received by the applicant within approximately 2 weeks. Once the confirmation receipt is issued, the data on the application is entered into the system. From that moment onwards, the status of the application can be monitored on the register.
At the outset, the application is examined to ensure compliance with minimal requisites:
· Clear representation of the trademark on the application.
· Reference to the name of the applicant to ascertain whether it is a person or a company.
· Clear description of the goods and services
· In the case of a collective mark, inclusion of regulations for use and control
Once the trademark application fulfils all the legal requisites, it is published in the IP journal to which interested third parties may file opposition within stipulated period of time.
Once the application fulfils all the legal requisites, the approximate duration within which the data is entered and published is around 4 months. Provided there is no opposition, the mark is registered and a certificate of registration is issued which will be reflected in the trademark register.
MAINTENANCE OF THE TRADEMARKS IN NETHERLAND - BENELUX: