Netherlands

Belgium, the Netherlands and Luxembourg are treated as one common area with a uniform trademark law and one trademark office. Since the adoption of the Benelux Trademarks Act in 1971, there are no national trademark laws in any of the Benelux countries anymore. 

Trademark registration classification:

Nice Classification

 Requirements:

  • The name and address of the person requesting the registration.
  • Representation of the trademark;
  • Information about the applicant(s);
  • List of goods and services;
  • A copy of the priority document, if the priority is claimed. 

Procedure:

  • A trademark application has to be filed before the Benelux Office of Intellectual Property.
  • The application process includes an examination on absolute grounds; the official search has been abandoned. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use. 
  • After the examination on formalities and absolute grounds, the application is published in the online Benelux Bulletin for opposition purposes. 
  •  After the mark has been published, the oppositions (if any), can be filed within a period of two months. 
  • The whole procedure takes between 5 and 8 months if there are no complications. There also exists an expedited registration procedure.

Duration and Renewal: A trademark registration in The Benelux is valid for 10 years from application date. The registration is renewable for periods of 10 years.


 Fee Structure
          
 More info...
 


1