Yes. The first to file rule is applicable in Benelux. It is mandatory to register a trademark in order to establish rights. Using an unregistered mark, even for many years, does not guarantee ownership and protection.
The Benelux national office of trademark can be accessed at http://www.boip.int
Use of mark or intention to use it is not a requirement for registration.
Yes. Objection to application is permitted on the grounds of propriety rights, i.e., the challenger has registered a similar mark earlier.
Your application may be objected by the owner of a mark that has a strong resemblance to your mark and was registered earlier than yours.
Yes. A registered mark can be cancelled on the grounds of propriety rights and violation of the rule regarding geographical indication.
Yes. The owner of a registered mark establishes the following rights:
- Exclusive right to use the mark
- Right to license other businesses to use his trademark for selling
- Right to file an infringement case against third-parties that use strikingly similar mark
- Right to file an action to cancel any conflicting application
- Right to bring seizure to counterfeit goods
After the application is examined, the details will be published for interested parties to see. Opposition starts on the date of publication and will end 60 days (or two months) after the publication date.
Yes. Benelux is a Madrid Protocol and Madrid Agreement member.
No. The owner is not required to file a periodic statement of use.