Trademark Search in Benelux

Search your trademark within Benelux Trademark Office. Search by Trademark Name, Number or Applicant

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Frequently Asked Questions
Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 3 months, if no objections or oppositions arise.


If I register my trademark in Benelux, do I have protection in other territories?

Registered trademarks in Benelux are protected in Luxembourg, Belgium and Netherlands

Do I need to sign a Power of Attorney?

A Power of Attorney is not required.

Are there any benefits from using your trademark before filing?

The applicant may benefit from using the mark before filing for application but it does not guarantee any right. First, pre-filing use helps in acquiring distinctiveness. Second, third-parties will have no ground to file an opposition based on non-distinctiveness.

Will there be problems if I don’t use my trademark after registration?

Yes. Your trademark may possibly get attacked and get cancelled if you don’t use it after it was registered.

What are the types of trademark that can be registered in Benelux?

Any sign or mark that can distinguish a product from its counterparts can be registered as a trademark. It can be a: name, sound, word, device, colour, slogan, and 3-dimensional shape. The law does not require a mark to be visually graphic in order to register it.

What are the phases of application after a trademark has been filed in Benelux?

The application process starts with the examination of requirements. This phase will ensure that the applicant complies with all the requirements with regards to formality, classification, distinctiveness, descriptiveness and deceptiveness.  Next, the application details will be posted online and opposition period will start. Depending on whether there are objections or none, the next step would be the actual registration of the mark.

What type of trademark is not registrable?

You may not register a mark that may cause scandal such a signs that contradict moral standards and signs that threaten public order. Flags and emblems of international organizations, nations and states are protected and cannot be registered. More so, generic terms and marks that resemble a geographical map of a location are prohibited for registration.

Does Benelux use the "Nice Classification" system?

Yes, Nice Classification System is effective in Benelux. A single application may cover several classes of products/services.

Does the European Union trademark cover Benelux?

Yes. Benelux is covered by the European Union Trade Mark (formerly Community Trademark). Multinational registration is effective in Benelux.

Can you claim priority in Benelux?

Yes. Since Benelux is a member of the Paris Convention, you can protect your trademark in all other countries that are also a member of the Paris Convention. Your mark will be protected from the date when you initially filed your application. The same also applies if the home country of the applicant is a member of the World Trade Organization.

What do I need to do to satisfy the use requirement?

Use your trademark within 5 years from the date it was registered. It is mandatory to use the mark on a commercial scale and the transaction must occur in the Benelux jurisdiction.

Once my trademark has been registered, for how many years will be valid?

The trademark registration has validity for 10 years from the filing date.

What will be the renewal date of my trademark?

Ten years from the date the application was filed.

Is it legal to use my trademark if it is not yet registered?

Yes. It is legal to use a mark for selling goods/services even if it is not registered.

Does having a registered trademark in Benelux give me any right?

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.

What is the website of the trademark national office?

The Benelux national office of trademark can be accessed at

Do I need to be using my trademark before I apply for registration?

Use of mark or intention to use it is not a requirement for registration.

Can a Trademark Application be opposed?

Yes. Objection to application is permitted on the grounds of propriety rights, i.e., the challenger has registered a similar mark earlier.

Who can oppose my trademark registration?

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.

Is it possible to cancel a registration?

Yes. A registered mark can be cancelled on the grounds of propriety rights and violation of the rule regarding geographical indication.

Are there any rights established by having a registered trademark?

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
How long is the opposition period?

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.

Is Benelux a member of the Madrid System?

Yes. Benelux is a Madrid Protocol and Madrid Agreement member.

Do I need to present periodic statement of use?

No. The owner is not required to file a periodic statement of use.

When should I renew my trademark?

Count 10 years from the date the registration was renewed.

What will be the renewal date of my trademark?

Count ten years from the date the application was filed.

Is there any documentation that is required when renewing a trademark?
If my trademark expires, do I have a grace period?

The grace period allotted for expired trademarks is 6 months.

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