Trademark registration in Benelux means trademark protection in three member states of Benelux Union – Belgium, The Netherlands and Luxembourg. 

• Trademark fees

Fees associated with filing trademark applications in Benelux, as well as other trademark fees, are available in the fee calculator.

• Multiple-class applications

Multiple-class trademark applications are possible in Benelux.

• Filing requirements in Benelux

The official languages of trademark applications in Benelux are Dutch and French, however, it is possible to file an application in English.

To obtain the filing date, a trademark application in Benelux must contain:
- representation of the trademark;
- applicant(s)name and address;
- list of goods and services;
- trademark type;
- priority details (country, number, date).

To confirm the priority right, a copy of the Priority Document (non-legalised) must be provided simultaneously with filing trademark applications in Benelux. English translation thereof is sufficient.

The POA form is usually not required for registration of a trademark in Benelux. However, legal representative’s details should be entered in the application form.

• Examination, publication and opposition of a trademark application in the Benelux countries

Benelux trademark applications are subject to formal and substantive examination that includes examination of distinctiveness. The application will be published following the successful examination of formal requirements. Opposition against a trademark application in Benelux may be filed within a period of 2 months after the date of publication of a trademark.

• Grant, validity term and trademark renewal

The grant fee is included in the filing fee. A Benelux trademark is valid in the territory of Belgium, the Netherlands and Luxembourg for ten years from the date of filing. It may be renewed for successive ten-year periods within six months before the expiry date. A six-month grace period may be granted upon condition of a surcharge payment.

• Duration of registration procedure

The processing time from first filing to registration is approximately 4 months in the case of a smooth registration procedure.

• Use requirement

The validity of a trademark in Benelux may be subject to cancellation if it has not been used within five years from registration.

• Representation by a trademark attorney

If an applicant resides outside the Benelux countries, it is recommended to perform a trademark prosecution through an agent, a registered trademark attorney having a place of residence or registered office within the European Union or the European Economic Area.

• Notes

1. Online Search Databases: Benelux Trademarks, International Trademarks.
2. Trademark protection in Benelux countries may also be obtained via registration of a European Union Trademark or by designation of the Benelux in an international application.
3. The time limit for filing of a response to a provisional refusal of an international registration is up to six months from the date the BOIP issues the refusal. Requests for extension of time can be submitted to the Office. The language of the response is Dutch, French or English. It is recommended to appoint a local representative, a Benelux trademark attorney for performing this action before the Office. Appeals can be filed with the Benelux Court of Justice and not with the Benelux Office for Intellectual Property. An appeal can be launched within 2 months from the final decision of the BOIP.

The above information was verified by NEOVIAQ IP/ ICT Solutions sàrl on 23.01.2024
Please contact us if the above information is not in conformity with Benelux IP Laws