Trademark Registration in the Netherlands and the BENELUX

The Netherlands is part of the BENELUX countries (comprising Belgium, the Netherlands and Luxembourg). In order for a trademark to be protected in the Netherlands (and the whole of the Benelux) , it has to be registered at the Benelux Office for Intellectual Property (BOIP) based in The Hague, Netherlands.

When registering a Dutch trademark at the Benelux Office of Intellectual Property, individuals must file an application before the Benelux Office and wait for an examination that will determine the distinctiveness of the mark.

After compliance with all the formal requirements, the trademark will be published in the Benelux Bulletin and will be subject for opposition (if any) for a period of two months. If no opposition is filed, a digital certificate of registration will be issued to complete the registration of the trademark.

The registration procedure in the Benelux takes about 3 to 6 months.

Trademark registration in the Benelux has a validity period of 10 years. It can be subsequently renewed for another 10 years.

A Benelux trademark registration is useful for entrepreneurs who are largely active in the Benelux countries. A Benelux registration also provides a solid basis if you want to register your trademark abroad (international registration).

European Union

The members of Benelux are also members of the European Union, thus European Union Trademarks (EUTM) are protected in this jurisdiction when registered at the European Union Intellectual Property Office (EUIPO).

An EU trademark can be an attractive option if you are or plan to be active in countries outside the Benelux. This type of trademark provides protection in all of the EU member states.

Subsequently, an EU trademark registration can also be objected to by third parties from any of the 28 member states that may undermine your complete registration. Five years after registration, the company must comply with the use requirement of the trademark being used for products and services in a large part of the European Union (not just 1-2 jurisdictions). Failure to comply with the use requirements can cause loss of rights.

If your company has no actual plans to use the brand in a large part of the EU, an EU trademark is not the best choice.

Alternatively, if your company has activities or plans to expand activities in most of the EU countries, then an EU trademark is very suitable.

Start your Trademark Study today!

This report is optional but highly recommended.
Before filing your trademark, it is important that you evaluate possible obstacles that may arise during the registration process. Our Trademark Comprehensive Study will not only list similar trademarks {graphic/phonetic} that may conflict with yours, but also give you an Attorney's opinion about registration possibilities.