Register a trademark

The Benelux Trademarks Register contains all filed and registered trademarks that are valid in the Benelux. That includes EU and international trademarks with Benelux designation. You can use the Register to monitor the status of applications and registrations and easily research the trademarks of other parties.

If a trademark is not found in the Register, that does not necessarily mean that it is available.

To find out whether a trademark is registered outside of the Benelux, you can carry out a search in the WIPO database, the EUIPO database, the database of the relevant country, or in TMview.

Copies

The Trademarks Register is the official place of publication for Benelux trademarks. You can print free copies by clicking on 'Print'. Most official bodies will accept this copy as proof of an application or registration. If you need an authenticated copy, you can order one, for a fee, from BOIP. Click on 'Order'.

Filing a trademark in the Benelux for three classes costs 244 euro.

A trademark registration is valid for ten years, running from the filing date. The registration can be renewed for ten-year periods an unlimited number of times.

It takes about three months to complete the trademark registration procedure.

In the event that your trademark is not registered, e.g. owing to refusal or opposition, the application fees paid will not be refunded.

For that reason, before you apply for a trademark on your client's behalf, you should check:

• that your client's trademark is sufficiently distinctive;
• where your client intends to use and thus protect the trademark;
• whether the trademark already exists;
• whether the formal requirements have been met.

The relevant statutory provisions are set out in the BCIP and the Implementing Regulations.

Register a trademark

You can file a trademark application at BOIP online. You will need a My BOIP account for this. Creating an account is free and takes just a few minutes. Do you already have an account? If so, you can log in directly.

Go to trademark registration

It takes about three months to complete the trademark registration procedure.

Filing date

Upon receipt of an application, BOIP assigns the date and time of receipt. You are sent confirmation of this. The details provided by you are entered in our system. From that point onwards, you can monitor the status of your application in the Trademarks Register.

BOIP first checks whether the application meets the minimum requirements:

• Is the trademark clearly depicted?
• Has the name of the applicant (person or company) been provided?
• Have the goods and services been clearly described?
• In the case of a collective trademark, have the regulations been appended?

These requirements must be met as a minimum. Otherwise the application will be inadmissible.

The filing date is the date on which these minimum requirements are met. The filing date is important when it come to determining the order of priority between the filed trademark and the rights of others.

Accelerated registration

You can have entry of the trademark in the Register fast-tracked for an extra charge.

With accelerated registration, the trademark is registered as soon as the formalities have been completed. This procedure can be completed within a few days. Please note that the assessment on absolute grounds and any opposition will take place after the trademark has been registered. This could result in the registration being cancelled.

Publication of the application

Once the filing date has been established, the file is processed by a member of our staff, who checks that all of the formal requirements have been met and contacts you if any additional information is required. The goods and services specified are classified according to the international Nice classification system.

Once the filing date has been established and the goods and services have been correctly classified, BOIP publishes the application in the Trademarks Register. The date of publication is also stated in the Register. You will receive confirmation when your application has been published. Publication is, in fact, that first step of the substantive registration procedure.

Substantive examination

BOIP subjects the trademark to a substantive examination, known as the assessment on absolute grounds. If the sign that you have filed cannot be a trademark, e.g. because it lacks distinctive character, BOIP is obliged to refuse to register it. You have a maximum period of six months in which to object to the refusal in writing. If BOIP upholds the refusal, a final decision to refuse will be issued. You may appeal that decision at the Benelux Court of Justice. Read more about Refusal on absolute grounds 

Opposition

An opposition may be filed within two months of the application being published. Opposition is a procedure by which the holder of an older trademark can object to the registration of a newer trademark at BOIP.

Both parties are first given the opportunity to resolve their dispute in mutual consultation. If this proves unsuccessful, BOIP makes a decision on the matter, naturally, after both parties have had the opportunity to present their arguments. The decision could be to reject the opposition or, if the opposition is well-founded, to refuse to register the trademark. You may appeal that decision at the Benelux Court of Justice. Read more about opposition

Trademark registration

If the application meets the statutory requirements, BOIP enters it in the Register. The procedure takes an average of three months. However, if an opposition is filed or the application is refused on absolute grounds, it may take (much) longer or it may not be possible to register the trademark at all.

In the event that your trademark is ultimately not registered, the application fees paid will not be refunded.

From the date of registration onwards, your client holds an exclusive right that he can invoke against others. In the event of a dispute about which trademark has precedence, the filing date is decisive.