Trademark Registration in Luxembourg

By adhering to local laws, businesses, and natural individuals may register trademarks in Luxembourg. A correct registration with international organizations can offer even more effective protection of locally registered intellectual property (IP) rights because Luxembourg is a party to many international agreements that protect trademarks.

The primary rules governing the registration of trademarks and industrial designs in Luxembourg are the Benelux Convention on Intellectual Property and the Implementing Regulation under the Benelux Convention on Intellectual Property. However, it is important to keep in mind that these IP rights are protected by the two acts throughout the Benelux region, consisting of Belgium, Luxembourg, and the Netherlands. Additionally, registered trademarks are automatically protected when the process is finished in one of the three states.

The international conventions to which Luxembourg is a party to the registration of trademarks:

  • The Madrid Agreement Concerning the International Registration of Marks;
  • The Paris Convention for the Protection of Industrial Property;
  • The Nice Agreement Concerning the International Classification of Goods and Services for the Registration of Marks;
  • The EU Regulation 2017/10001 on the EU trademark and other Directives providing for IP rights.

Trademark Registration Process

There are no restrictions to registering a trademark in Luxembourg, as the procedure can be completed by natural persons and companies, local or of foreign origin.

Trademark registration in Luxembourg implies preparing the following documents:

  1. An application form that can be filed in Dutch, French, or English;
  2. The details of the applicant (name, business name, address, and legal form in the case of companies);
  3. The representation of the trademark and the goods or services it will be used for representation;
  4. Information about the type of trademark (verbal, symbolic) and an image of it;
  5. Information on the color or colors of the trademark and the appropriate codes of the color;
  6. The personal details of the person applying and their electronic signature.

Where a proxy completes the trademark registration procedure, their personal information alongside a power of attorney must be provided.

The registration procedure of a Luxembourg trademark is completed with the Benelux Trademarks Register and implies the following steps:

  1. Filing of the application;
  2. Examination of the application file and publishing of the trademark;
  3. The waiting period for any trademark opposition to be submitted;
  4. The issuance of the Certificate of Registration.

Period to Oppose

Within two months of a trademark application’s publication, the applicant or the owner of a competing trademark may submit an opposition to the BOIP. It is also possible to ask for the cancellation of a Benelux trademark or an international trademark identifying Benelux after the trademark has been registered in an administrative proceeding before the BOIP or the Benelux Court of Justice.

Validity Period

Ten (10) years from the date of application, registered trademarks in the Benelux are valid. After that, it may be renewed for ten-year increments indefinitely. With the payment of late renewal fees, the trademark renewal can be requested up to six months before the expiration date and up to six months after it.

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