Trademark Registration in Belgium

The Benelux Office for Intellectual Property accepts applications for trademark registration from investors who want to establish a business in Belgium and expand it here (BOIP). This office provides registration choices for designs, concepts, and trademarks in addition to trademarks, making it appropriate for companies looking to do business in the Benelux region.

A larger word for ideas, identifiers, and concepts that cannot be conveyed tangibly yet are developed by businesspeople interested in preserving them is intellectual property (IP). Belgium is one of the nations with highly developed IPs.

Trademark Registration Process

An application for registration of a Benelux trademark can be filed in Dutch, French or English. The application should contain the following:

  1. The applicant’s name and address (if the applicant is a corporate body, its legal form should also be indicated);
  2. where appropriate, the agent’s name and address in the European Economic Area;
  3. The representation of the trademark in a manner that enables the competent authorities and the public to determine precisely the sign enjoying the protection;
  4. The list of goods and services that the trademark is intended to cover, including – as far as possible – the numbers and classes of these goods and services in accordance with the Nice Classification;
  5. An indication of whether the trademark is a verbal, figurative trademark (including a good-quality image in .jpeg format), semi-figurative trademark, form trademark or any other type of trademark (in which case, the type of trademark should be specified);
  6. an indication in words of the colour or colours of the mark, accompanied by the corresponding colour code where appropriate; and
  7. The (electronic) signature of the applicant or the applicant’s agent.

Period to Oppose

Applications for Benelux trademarks are subject to a formal and substantial review, which includes a look at distinctiveness. After all formal requirements have been successfully met, the application will be published. Within two months of the date of publication of a trademark, opposition against a trademark application may be filed in the Benelux.

Validity Period

The filing fee includes the grant fee. A Benelux trademark is recognized for ten years from the filing date in Belgium, the Netherlands, and Luxembourg. Within six months of the expiration date, it may be renewed for additional 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.

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