Entrepreneurs put time, effort, and money into their businesses. You develop a solid reputation, adding financial value. The trade name of your business, the name of your item or service, or the logo all include this value. Perhaps all three. You don’t want someone else to benefit from your work.
Protecting your trade name, brand name, and logo makes sense in this situation. By doing this, you place yourself in a position to take legal action against anyone using them illegally or violating the law.
Registration at the Chamber of Commerce or the Crossroads Bank for Enterprises (KBO, Belgium) and registering your domain name are a very good start. Still, they do not provide trademark protection for your trade name or logo.
Filing requirements in Benelux
Benelux trademark applications can be submitted in English even though Dutch and French are the official working languages.
A trademark application in Benelux must include the following information to receive the filing date:
- representation of the trademark;
- applicant(s)name and address;
- list of goods and services;
- trademark type;
- priority details (country, number, date).
A copy of the Priority Document (non-legalized) must be submitted concurrently with the submission of trademark applications in Benelux to validate the priority right. It can be translated into English without issue.
The POA form is often not necessary for Benelux trademark registration. However, the application form has to include the legal representative’s information.
Trademark validity term
The filing cost includes the grant fee. A Benelux trademark is recognized for 10 years from the date of filing in the countries of Belgium, the Netherlands, and Luxembourg. Within six months of the expiration date, it may be renewed for further ten-year terms. If a surcharge payment is made, a grace period of six months may be given.
Requirement of Use
The validity of a trademark in Benelux may be subject to cancellation if it has not been used within five years from registration.
Apply to register your trademark in Netherlands, Belgium and Luxembourg. Our BOIP attorney services at low cost.