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Benelux Trademark Registration Procedures

Updated:2018-4-11 16:47:52    Source:www.tannet-group.comViews:338

Benelux trademark registration procedures need to go through several steps. A trademark is a sign that distinguishes your goods (products) or services from those of your competitors. Registering your trademark at the Benelux Office for Intellectual Property (BOIP) gives you the exclusive right to use the trademark for certain goods (products) and services within the Benelux, for a(n) (extendable) period of 10 years.

I. Receipt of application
When your application has been received, the BOIP makes a note of the date and time of receipt, of which you will receive confirmation. The data you have stated on the form is then entered into our system. From that moment on you will be able to monitor the status of your application in the Trademarks Register. The filing date is important for determining priority as regards your trademark and the rights of others.

II. Publication of Request
The filing date is fixed after approximately 14 days. The goods and services specified are categorized into classes according to the international classification of the Nice Agreement. The application is then published in the Trademarks Register. This is the start of the substantive part of the procedure.

III. Assessment on absolute grounds
The BOIP also carries out a substantive assessment of your trademark, the so-called assessment on absolute grounds. If the sign you have filed cannot be a trademark, for example because it is not distinctive, the BOIP is obliged to refuse its registration. You have a maximum of six months to submit a written objection against the refusal. If the BOIP upholds the refusal, it will then take a definitive refusal decision. An appeal can be made against this definitive decision before the courts of appeal in the Hague, in Brussels or in Luxembourg.

IV. Registration and publication
If your application fulfils all the legal requirements, the BOIP will enter it into the register. This procedure lasts approximately 3 months. However, if opposition is filed against your application or a refusal on absolute grounds is pronounced, the period can obviously last longer and it will then be uncertain whether your trademark can be registered at all. Please note that if your trademark cannot be registered after all, the filing fees will not be refunded. This is all the more reason for you to make inquiries in advance about the potential risks, or to seek advice from an expert.

Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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