NETHERLANDS – Benelux

• Kinds of Trademarks registrable in NETHERLANDS – Benelux

  • The following kinds of marks can be registered with the BOIP:

    1. Word Marks.
    2. Device Marks such as Logos & Labels, words in special fonts, stylised fonts, special layouts in which a logo includes a name.
    3. Shape Marks inclusive of 3D marks.
    4. Colour Marks.
    5. Sound Marks such as an advertising jingle.
• Requisites for a Trademark to be registrable in NETHERLANDS – Benelux

  • Applicants should bear in mind that the following will not be registrable as Trademarks in – BENELUX:

    1. Trademarks consisting exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services.
    2. Trademarks that indicate time of production of the goods or of rendering the services or other characteristics of the goods or services.
    3. Trademarks consisting exclusively of signs or indications customary to current language or in the established practices of the trade to designate the goods or services.
    4. Trademarks or signs contrary to law, public order, morality.
    5. Trademarks liable to deceive the public as to the nature, quality, geographic indication of goods or services.
    6. Trademarks containing or being similar to signs, seals, emblems, flags, maps and / or official insignia of national and international organisations and associations.
    7. Marks containing or bearing resemblance to another person personal name or company name, logo, legal title, portrait, picture, protected copyright, photograph
    8. Proposed Trademark being identical or similar to an earlier registered mark including well known marks
    9. Trademarks having a likelihood of confusion including a likelihood of association with an earlier registered trademark.

    TrademarkCopia through its associate Law Firms and Lawyers in the Netherlands is at hand to help you with trademark registration and prosecution.

• Kinds of Trademarks not registrable in NETHERLANDS – Benelux

  • Applicants should bear in mind that the following will not be registrable as Trademarks in – BENELUX:

    1. Trademarks consisting exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or services.
    2. Trademarks that indicate time of production of the goods or of rendering the services or other characteristics of the goods or services.
    3. Trademarks consisting exclusively of signs or indications customary to current language or in the established practices of the trade to designate the goods or services.
    4. Trademarks or signs contrary to law, public order, morality.
    5. Trademarks liable to deceive the public as to the nature, quality, geographic indication of goods or services.
    6. Trademarks containing or being similar to signs, seals, emblems, flags, maps and / or official insignia of national and international organisations and associations.
    7. Marks containing or bearing resemblance to another person or personal name or company name, logo, legal title, portrait, picture, protected copyright, photograph
    8. Proposed Trademark being identical or similar to an earlier registered mark including well known marks.
    9. Trademarks having a likelihood of confusion including a likelihood of association with an earlier registered trademark.

    TrademarkCopia through its associate Law Firms and Lawyers in the Netherlands is at hand to help you with trademark registration and prosecution.

• Trademark Search in NETHERLANDS – Benelux

  • Search can be carried out in the trademark registers which contain all the filed and registered trademarks.

    These registers are available online in English, French and Dutch. These registers also contain Benelux marks along with community and international trademarks.

    The BOIP will also conduct a search upon payment of a fee. Search is always recommended before filing of trademarks to rule out conflict with prior existing marks.

• Trademark Filing in NETHERLANDS – Benelux

  • Filing is done with the Trademark office of Benelux. Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.v  Power of Attorney (POA)
    5. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       (Vienna agreement for figurative mark)

    TRADEMARKCOPIA.COM  will assist you with the following:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in NETHERLANDS – Benelux

  • At the outset, the application is examined to ensure compliance with minimal requisites:

    • Clear representation of the trademark on the application.
    • Reference to the name of the applicant to ascertain whether it is a person or a company.
    • Clear description of the goods and services
    • In the case of a collective mark, inclusion of regulations for use and control
• Trademark Publication & Opposition in NETHERLANDS – Benelux

  • Once the trademark application fulfils all the legal requisites, it is published in the IP journal to which interested third parties may file opposition within stipulated period of time.

    Provided there is no opposition to the trademark application, the mark is registered and a certificate of registration is issued which will be reflected in the trademark register.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Netherlands can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in NETHERLANDS – Benelux

  • Once the application fulfils all the legal requisites, the approximate duration within which the data is entered and published is around 4 months. Provided there is no opposition, the mark is registered and a certificate of registration is issued which will be reflected in the trademark register.

    Trademark registration in Netherland – Benelux is valid for 10 years from the date of application after which it can be frequently renewed for another 10 years for unlimited number successive 10 years.

    Rights of Trademark Owners:Trademarks may be:

    1. Exclusively used by the owners of the registered trademarks.
    2. Transferred in whole or in part- Inherited
    3. Assigned and licensed.
    4. Mortgaged and creditors may seize such trademarks belonging to their debtors.
    5. Licensed to natural or legal persons
    6. Prevented from unauthorized usage by third parties
    7. The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in NETHERLANDS – Benelux

  • MAINTENANCE OF THE TRADEMARKS IN NETHERLAND – BENELUX:

    The mark is maintained by using it, monitoring it and renewing the registration in good time and in keeping it up to date at all times.

    Non-usage of the registered trademark within five years from the date of registration may lead to cancellation of registration of the trademark.

• Trademark Cost of Registration in NETHERLANDS – Benelux

  • Please write mail for the cost of registration of trademark in Netherlands – BENELUX or European Union to the mail address given below:

    contact@trademarkcopia.com