COUNTRY : THE NETHERLANDS
CAPITAL : AMSTERDAM
LANGUAGE : DUTCH FRENCH & GERMAN
MEMBER : PARIS CONVENTION, WTO-TRIPS, BENELUX TREATIES, EUROPEAN UNION COMMUNITY TRADEMARKS, TRADEMARK LAW TREATIES, MADRID AGREEMENT AND MADRID PROTOCOL, BERNE CONVENTION
PROTECTION OF TRADEMARKS IN THE NETHERLANDS - BENELUX:
Please refer our Treaties section on International protection under Madrid System, Community Trademark Registration and Benelux Countries Trademark Registration.
Therefore, to obtain protection in THE NETHERLANDS, there are three options from which the applicant can choose.
The following kinds of marks can be registered with the BOIP:
ii) Device Markssuch as Logos & Labels, words in special fonts, stylised fonts, special layouts in which a logo includes a name.
iii) Shape Marks inclusive of 3D marks.
iv) Colour Marks.
v) Sound Marks such as an advertising jingle.
i) The trademark should be distinctive.
ii) The trademark should not be deceptive.
iii) Shape marks should not:
· Result from the nature of the goods themselves
· Give a substantial value to the goods.
· Be necessary to obtain a technical result.
iv) Should not comprise of flags, official emblems, Insignia, maps belonging to organisations, institutions, associations etc.
v) Should not be contrary to public policy.
Applicants should bear in mind that the following will not be registrable as Trademarks in - BENELUX:
Search can be carried out in the trademark registers which contain all
the filed and registered trademarks. These registers are available
online in English, French and Dutch. These registers also contain
Benelux marks along with community and international trademarks. The
BOIP will also conduct a search upon payment of a fee. Search is always
recommended before filing of trademarks to rule out conflict with prior
Filing is done with the Trademark office of Benelux.
• Infringement & Opposition Actions
• License and Assignment procedures
• Trademark Watch Services
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: