Benelux
Fees for registering Benelux trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The Benelux Economic Union is an economic group established by Belgium, the Netherlands, and Luxembourg in 1946; On March 19, 1962, the Benelux Economic Union signed the Benelux Economic Union Trademark Convention in Brussels, which came into effect on July 1, 1966. According to the convention, a trademark registration takes effect simultaneously in these three countries, and there is no need to apply for registration separately in each country, nor is there a "single country registration" method.
The current trademark regulations in Benelux are mainly based on the revised and promulgated Benelux Convention on Intellectual Property Rights on October 1, 2013. The Benelux Intellectual Property Organization, located in The Hague, the central government seat of the Netherlands, is responsible for managing trademark affairs and its official languages are Dutch and French. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The Benelux trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Benelux is a party to international intellectual property treaties such as the TRIPS Agreement, the Trademark Law Treaty, the Paris Convention, the Nice Agreement, the WIPO Convention, the Singapore Treaty, the Madrid Agreement, the Madrid Protocol, and the Nairobi Treaty. Additionally, all three Benelux countries are EU member states, so trademark protection can be handled through "single country registration," "EU registration," or "Madrid international registration.
Trademark Registration Process
At present, the Benelux Intellectual Property Organization adopts the Nice Classification 11th edition for the description of goods and services and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Benelux include: text, name, graphics, three-dimensional identification, color combination, slogan, sound, smell, name, etc.
If the applicant does not reside in the Benelux region, they must entrust a specialized agent in the region to handle it. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product items;
3. Name and address of the applicant;
4.If priority is declared, proof of priority must be provided.
The main process for applying for the registration of a Benelux trademark is: application - examination - approval - announcement - issuance. After the application is submitted, the official will conduct a formal examination, which usually takes about one week to complete the acceptance. After acceptance, the trademark will undergo substantive examination, including examination of its distinctiveness and whether it violates the prohibition and prohibition clauses. If the examination is passed, it will be announced; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice.
The objection period is within 2 months from the date of announcement, and any interested party or prior right holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued after the objection period ends. If everything goes smoothly, the registration of the Benelux trademark will take about 6 months; If there is any rejection or objection encountered during the process, the time will be extended.
Trademark registration materials
The Benelux trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The application for invalidation or revocation of a trademark registration can generally be filed in accordance with Articles 2.26, 2.27, and 2.28 of the 2013 version of the Benelux Convention on Intellectual Property Rights. The main content is as follows:
1. Lack of significance, violation of public order and good customs, evolution into generic names, etc;
2. If the trademark has not been actually used in the local area for five consecutive years after registration.
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