From filing of application to actual registration, provided there is no opposition or refusal action, the time frame would be 4 months.
Registered trademarks in Benelux are protected in Luxembourg, Belgium and Netherlands
A Power of Attorney is not required.
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.
Yes. Your trademark may possibly get attacked and get cancelled if you don’t use it after it was registered.
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.
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.
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.
Yes, Nice Classification System is effective in Benelux. A single application may cover several classes of products/services.
Yes. Benelux is covered by the European Union Trade Mark (formerly Community Trademark). Multinational registration is effective 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.
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.
The trademark registration has validity for 10 years from the filing date.
Ten years from the date the application was filed.
Yes. It is legal to use a mark for selling goods/services even if it is not registered.
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.
Count 10 years from the date the registration was renewed.
Count ten years from the date the application was filed.
No documentation is required.
The grace period allotted for expired trademarks is 6 months.