Discover the risks and dangers of failing to register a trademark to understand the value and importance of trademark registration for your brand.
The Risks of Not Registering a Trademark
Benelux Trademark Registration
Protect Your Brand in the Benelux Through a Simple Process Backed by Certified Local Attorneys
Simple steps to register your trademark
Benelux registration protects your trademark in Belgium, the Netherlands, and Luxembourg. You can secure trademark rights in the Benelux region through two routes: applying for protection across the entire European Union with the European Union Trademark, or registering directly with the Benelux Office for Intellectual Property.
STEP 1
Comprehensive Trademark Study
Before filing your trademark in the Benelux, you must evaluate any issues that may arise during the registration process. Our Comprehensive Trademark Study not only lists similar trademarks (graphic and phonetic) that may conflict with yours but also provides you with an Attorney's opinion on the trademark registration possibilities and the class(es) that your goods/services belong to.
- Graphic and phonetic similarity trademark search report
- Trademark attorney's analysis and advice
- Trademark class recommendation
STEP 2
Trademark Application Filing
Specialized attorneys will file your trademark application in the Benelux and carry out all the necessary formalities to bring your application for approval and registration. As soon as your trademark is filed, we will send you a filing report that will include the application number and application date. Also, we will send you a scanned copy of the filed application.
- Process Handled by Experienced Trademark Attorneys
- Filing the Report & a Scanned Copy of the application
- Tracking the Registration Process Online
Additional Services in the Benelux
Discover how our services help protect and strengthen your brand in the Benelux.
Trademark Search
Check if your trademark is available for registration with our easy-to-use search tool.
Search TrademarkTrademark Renewal
Renew your trademark to maintain uninterrupted protection for your brand.
Renew TrademarkFrom our Blog
National vs. International Trademark Registration
Discover how national and international trademark registration compare, the pros and cons of each, and which is right for you.
Commonly Asked Questions About Trademark Registration
Learn answers to some of the most commonly asked questions on trademark registrations to improve your trademark knowledge.
Frequently Asked Questions
Do I need to sign a Power of Attorney document?
You do not need to sign a Power of Attorney.
What are the steps involved in the trademark application process in Benelux after filing?
The application process begins with checking if all requirements are met. This step ensures the applicant follows rules about formality, classification, distinctiveness, descriptiveness, and deceptiveness. After this, the application details are published online, starting the opposition period. If there are no objections, the mark is then officially registered.
What is the duration of the opposition period?
Once the application is reviewed, its details are made public for others to examine. The opposition period begins on the publication date and lasts for 60 days, or two months, from that date.
Is Benelux included in the coverage of a European Union trademark?
Yes, the European Union Trade Mark (previously known as the Community Trademark) includes Benelux. This means that a trademark registered in the EU is also valid in Benelux countries.
What steps must I take to meet the usage requirement for my trademark?
To meet the use requirement, you must use your trademark within 5 years of its registration date. The trademark should be used commercially, and the transaction must take place within the Benelux region.
Who can challenge my trademark application?
If someone already has a registered trademark that looks a lot like yours, they can challenge your application.
How long is my trademark valid after it has been registered?
A trademark is valid for 10 years starting from the date you file it.
What rights does a registered trademark provide to its owner?
Yes. Registering a trademark gives the owner the following rights:
- The exclusive right to use the trademark
- The ability to license the trademark to other businesses for sales purposes
- The right to take legal action against others who use a confusingly similar mark
- The right to challenge and cancel any conflicting trademark applications
- The right to seize counterfeit goods
What are the advantages of using your trademark before submitting a trademark application?
Using your trademark before filing can be beneficial, but it doesn't ensure any legal rights. Firstly, using the mark early can help it become distinctive. Secondly, it reduces the chances of others opposing your application by claiming the mark isn't distinctive.
Is it possible to claim priority for a trademark in the Benelux region?
Yes, you can. Because Benelux is part of the Paris Convention, you can secure your trademark in any other country that is also a member of this convention. Your trademark protection will start from the date you first submitted your application. This also holds true if the applicant's home country is a member of the World Trade Organization.
Do I have to use my trademark before applying for registration?
It's not necessary to use the trademark or plan to use it before applying for registration.
Can a registration be canceled?
Yes, you can cancel a registered mark if there are issues with ownership rights or if it breaks the rules about geographical indications.
What is the typical duration for trademark registration approval?
The typical time it takes to get a trademark registered is about 3 months, as long as there are no objections or challenges.
If I register my trademark in Benelux, will it be protected in other countries?
If you register your trademark in Benelux, it will be protected in Luxembourg, Belgium, and the Netherlands.
Does registering a trademark in Benelux provide me with any legal rights?
Yes, in Benelux, trademark rights are granted to the first person to register the trademark. You must register your trademark to secure your rights. Simply using a trademark without registering it, even for a long time, does not ensure you own or can protect it.
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