Trademark Registration in the Netherlands

The registration of Benelux trademarks is governed by the following:

  • The Benelux Convention on Intellectual Property (trademarks and designs) of 25 February 2005 (as last amended by the Protocol of 11 December 2017, which entered into force on 1 March 2019); and
  • The Implementing Regulation under the Benelux Convention on Intellectual Property (trademarks and designs).

Trademark protection solely for the territory of Belgium, Luxembourg or the Netherlands is unavailable; successful trademark applications filed with the Benelux Office for Intellectual Property will result in protection for the entire Benelux territory. The benefit of such a system is that registrants automatically receive protection in at least three nations, even though there may be a larger chance of encountering opposition.

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

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 the Benelux in an administrative proceeding before the BOIP or the Benelux Court of Justice after the trademark has been registered.

Validity Period

A registered trademark in the Netherlands is initially valid for ten years.

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