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Registering a trademark with the Benelux Office for Intellectual Property (BOIP) takes about 3–6 months if there are no oppositions or errors in the application. Complex cases, such as those involving oppositions, may take up to 12 months.
The deadline for filing an opposition is 2 months from the publication of the application in the BOIP trademark register.
In the Netherlands, you can register word marks, figurative marks, combined marks, three-dimensional marks, sound marks, color marks, holographic marks, and multimedia marks, provided they are distinctive. Marks contrary to public morality, religious values, or state symbols are prohibited.
The certificate is valid for 10 years from the filing date and can be renewed indefinitely every 10 years.
The owner has the exclusive right to use the mark commercially in the Benelux countries (Belgium, Netherlands, Luxembourg), prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $400–700 for one class of goods or services, including registration and publication fees. Additional costs may include legal services or fees for extra classes.
Use of the trademark is not mandatory, but non-use for 5 consecutive years after registration may lead to cancellation upon third-party request, as per Article 2.23bis of the Benelux Convention on Trademarks.
If the trademark is not renewed within 10 years from the filing date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
A strong brand distinguishes your products and services, building customer loyalty and competitive advantage. The Netherlands stands out as a promising market due to its strategic location, stable economy, and openness to international trade. To legally and securely operate within this country, registering your trademark is crucial. Trademark registration ensures exclusive rights over your brand, providing protection against infringement and unfair competition.
Registering your trademark in the Netherlands offers multiple benefits that enhance your business's value and security:
Protection Against Copying and Unfair Competition: By registering your tm logo trademark, you prevent competitors from using similar marks that could confuse customers or dilute your brand’s identity.
Exclusive Rights to Use Your Brand: A registered trademark grants you exclusive rights to use your tm logo in connection with your goods or services across the Netherlands, securing your brand presence.
Increased Brand and Company Value: Owning a trademark registered logo adds significant value to your business assets. It becomes a valuable intangible asset that can be leveraged in financing, partnerships, or sales.
Licensing and Franchising Opportunities: A registered mark enables you to legally license your trademark or develop franchising agreements, expanding your business model efficiently.
Legal Advantages in Trademark Disputes: Having a registration mark provides a strong legal basis in case of disputes or infringement claims, supported by the national trade mark office search system.
The process of trademark registration in the Netherlands is managed by the Benelux Office for Intellectual Property (BOIP), which oversees trademarks within the Benelux region (Belgium, Netherlands, Luxembourg).
Here are the key steps:
Trademark Name Search: Before applying, it is advisable to conduct a comprehensive trademark name search using the trade mark office search tool to check for existing trademarks that might conflict with your tm trademark logo.
Filing the Application: Submit your application with all necessary details, including:
A clear representation of your tm logo or trademark registered logo.
Details of the goods and/or services for which the mark will be used.
Applicant information.
Payment of the application fees.
Formal Examination: The BOIP conducts a preliminary review for formal correctness and completeness.
Substantive Examination: The office examines whether the trademark complies with legal requirements and is not restricted trademark under any grounds for refusal.
Publication and Opposition: If the application passes examination, it will be published in the official trade mark journal, allowing third parties 2 months to oppose the registration for registered trademark.
Registration and Certificate: Absent opposition or once oppositions are resolved, the registration mark will be granted, and the registered logo will be entered into the Benelux trademark register. A certificate of registration is then issued.
The entire process typically takes about 4 to 6 months if no objections arise.
The Benelux trademark register is publicly accessible and allows anyone to perform a trademark name search or trade mark office search. This transparency helps businesses avoid conflicts and better strategize their branding.
Trademark registration, while straightforward, can become complicated without expert guidance:
Errors in the application can delay or jeopardize your registration.
Lack of thorough trademark name search increases the risk of conflicts and oppositions.
Navigating oppositions or legal disputes requires specialized legal knowledge.
Ensuring compliance with classification rules and local regulations demands professional insight.
ProfitMark offers comprehensive support to simplify your trademark registration process:
Complete Assistance: From initial trademark name search to the final receipt of your registration mark certificate.
Uniqueness Verification: We conduct detailed searches across tm registration databases to confirm your tm logo trademark’s originality.
Remote Filing: Submission of documents without the need for your physical presence.
Legal Support: Handling oppositions or disputes with expert legal guidance.
Transparent Pricing and Fixed Timelines: No hidden costs or unexpected delays.
Over 13 years of experience in trademark registration globally.
Successful trademark registrations in over 30 countries.
A team of international trademark experts.
Personalized, professional service tailored to each client.
Fully online service: register your tm registration mark remotely.
Quality assurance in every step.
Don’t delay protecting your brand. Registering a trademark in the Netherlands secures your rights and opens new business opportunities in a thriving market. With ProfitMark, the process of trademark registration will be simple, transparent, and reliable. Contact us today to safeguard your business’s future!