Select Country

Select a country to view information on local trademark law


Countries
A-E  F-J  K-O  P-T  U-Z

Multinational Agreements
AIPO/OAPI  ARIPO 
EUIPO  WIPO
SEARCH
TRADEMARKS
FOR FREE
+
+
TMZOOM

Services Firms

Check IP services firms here

Feedback

Please report us if any of this content needs an update


Law Firms and
IP Consultancies

For legal advice please contact:

Arnold + Siedsma
Amsterdam, Netherlands (NL)

More info

Further contacts here

Get Listed

Promote your expertise to IP professionals worldwide.
read more

Benelux (BX)

Print this page
Latest News: Dez 13, 2018 (Newsletter Issue 21/18)
Declarations on Hague Agreement of Industrial Designs
On June 7, 2013, September 3, 2013, and September 18, 2018, respectively, the Government of Belgium, the Government of Luxembourg and the Government of the Netherlands (for the European part of the Netherlands), deposited with WIPO their instruments of ratification/accession to the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs.

The said instruments were accompanied by the following declarations:
– the declaration referred to in Article 4(1)(b) of the 1999 Act, whereby international applications may not be filed through the Benelux Office for Intellectual Property (BOIP);
– the declaration referred to in Article 11(1)(a) of the 1999 Act, whereby the maximum period for the deferment of the publication of an industrial design provided for by the legislation of Benelux is 12 months;
– the declaration required under Article 17(3)(c) of the 1999 Act, specifying that the maximum duration of protection provided for by the legislation of Benelux in respect of industrial designs is 25 years; and
– the declaration referred to in Article 19(1) of the 1999 Act, according to which the BOIP is designated as the common Office to the three Benelux countries and the territories of the three countries to which the Benelux Convention on Intellectual Property (trademarks and designs) applies are considered as one single Contracting Party for the application of Articles 1, 3 to 18 and 31 of the 1999 Act.

Therefore, in accordance with Articles 27(3)(c), 28(3)(b), 30(1)(i) and 30(2) of the 1999 Act, the 1999 Act and the declarations made under Articles 4(1)(b), 11(1)(a) and 17(3)(c) of the same Act, will enter into force, with respect to Benelux, on December 18, 2018.

More information on the declarations is available here


Source: www.wipo.int

Latest News: Nov 30, 2018 (Newsletter Issue 20/18)
Change to Official Fee Structure and Increase Soon
The Benelux Office for Intellectual Property (BOIP) informs that they will introduce a number of modifications to the fee structure for trademarks and designs, including a fee increase.

From January 1, 2019, the basic fee for trademark applications and renewals will no longer cover three classes of goods or services. A basic fee will cover one class and a fee for each extra class of goods or services will be added.

The same fee structure is also in use by EUIPO and many of the EU Member States. The aim is to encourage registration of trademarks for the goods and services for which they will actually be used, and to prevent the descriptions to be too broad.

With respect to trademark renewals, it will be possible from January onwards to renew a trademark registration for only some of the indicated classes.

In the case of applications for designs there will no longer be a supplement per added image. The fee structure for designs will be simplified by doing away with the outdated splitting of costs for applications for designs.

Further, from January onwards, the same fee level and structure as applies to trademarks will be applied to modifications of design registrations.

For more information on the official fees, please check here (currently only available in Dutch)


Source: www.boip.int; www.landmark.eu

Latest News: Okt 30, 2018 (Newsletter Issue 18/18)
Hague Agreement for Industrial Designs Ratified by NL
The Kingdom of the Netherlands (for the European part of the Netherlands) has deposited the instrument of ratification of the Hague System for the international registration of industrial designs on September 18, 2018.

The instrument was accompanied by a declaration under Article 19, according to which:
"The Benelux Office for Intellectual Property has been designated as the common office for the three Benelux countries. The territories of the three countries to which the Benelux Convention on Intellectual Property (trademarks and designs) applies are, as a whole, considered to be one single Contracting Party for the purposes of Articles 1, 3 to 18 and 31 of the Geneva Act".

WIPO reminds that the Kingdom of Belgium deposited, on June 7, 2013, its instrument of ratification of the Geneva Act, and the Grand Duchy of Luxembourg deposited its instrument of accession to the said Act, on September 3, 2013.

The Geneva Act will enter into force, with respect to the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, on December 18, 2018.

For more information on The Hague Notification No. 135, please click here


Source: www.wipo.int

Okt 30, 2018 (Newsletter Issue 18/18)
Draft Trade Secrets Directive Bill in NL
On October 16, 2018, the Dutch Senate passed a Bill that implements the EU Trade Secrets Directive (the Bill). The Bill, after its publication as Act, shall enter into force at a time to be determined by Royal Decree.

The debate in the Senate concentrated on a provision of the Bill that gives the court the ability to order the unsuccessful party to pay the full legal costs of the other party (the Provision). The Provision forms no part of the EU Trade Secrets Directive so the Netherlands opted for a broader protection for trade secrets than the directive provides.

For more information, please click here


Source: www.taylorwessing.com

Okt 11, 2018 (Newsletter Issue 17/18)
Belgian Act on the Protection of Trade Secrets Adopted
The Belgian Act on the protection of trade secrets, implementing the EU Directive 2016/943 came into force on August 22, 2018.

It aims at protecting undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure. The Act introduces specific provisions on trade secrets in existing legislations (namely the Code of Economic Law, the Judicial Code and the Employment Contracts Act of 3 July 1978). Amongst other provisions, the Act introduces new legal actions and an increased protection of the confidentiality of trade secrets in the course of legal proceedings.

For more information, please click here


Source: www.linklaters.com

Jun 14, 2018 (Newsletter Issue 11/18)
Trademark Cancellation Procedure before BOIP Possible Now
The introduction of a trademarks cancellation and invalidation procedure before the Benelux Office for Intellectual Property (BOIP) came in force on June 1, 2018.

The basis of a cancellation action may be:
1. The trademark has not been genuinely used during the last 5 years since it has been registered.
2. The trademark is not inherently registrable.
3. The trademark is confusingly similar to a prior registered mark.

BOIP’s official fee for filing a cancellation procedure is EUR 1,400. In case the trademark proprietor does not defend himself against the cancellation action or if he loses the procedure and no appeal has been filed, half of the official fees will be reimbursed. Also, more than one ground can be combined in the Benelux cancellation procedure, e.g. the trademark has not been genuinely used during the last 5 years and is not inherently registrable.

For more information, please check here


Source: www.landmark.eu

Apr 26, 2018 (Newsletter Issue 8/18)
Benelux Trademark Regime to Change Soon
The Benelux Convention on Intellectual Property (BCIP) will be amended by two protocols which will enter into force on June 1, 2018.

Centralisation of appeals at the Benelux Court of Justice (BCJ)
Until now appeals from decisions of the BOIP in opposition cases were brought before the courts of appeal of The Hague, Brussels or Luxembourg which could result in different outcomes.

As per June 1, 2018, all appeals from decisions of the BOIP (refusals, oppositions etc.) have to be brought before the Benelux Court of Justice (BCJ). This Court established a new chamber consisting of judges from national courts of the Member States of the Benelux. It is expected that change will result in a more consistent and harmonious case law.

Opening up oppositions to holders of well know trademark
With regard to opposition proceedings, the BCIP will also allow holders of well known trademarks to oppose to the registration of younger marks. Currently, opposition can only be based on an identical trademark, a confusingly similar trademark or a well-known mark.

Invalidation or cancellation actions before the BOIP
As per June 1, 2018, it will be possible to seek invalidation or cancellation of registered marks with the BOIP in administrative procedures. It will no longer be required to initiate judicial proceedings.

For further information, please check here

Source: De Clercq & Partners, Belgium and Arnold + Siedsma, Netherlands


Apr 11, 2018 (Newsletter Issue 7/18)
Income Tax Law on IP Assets in Luxembourg Soon to be Amended
The bill of Law n°7163 implementing the new tax regime applicable to intellectual property assets (the “new IP regime”) was approved by a first constitutional vote on 22 March 2018 and should be exempt from the second constitutional vote.

It is therefore likely that the new IP regime set out in article 50ter of the Luxembourg Income Tax Law (“LITL”) will enter into force from the start of the 2018 tax year. The new IP regime will apply to any Luxembourg-resident taxpayer carrying out a business activity in Luxembourg.

It should be noted that the former IP regime will still apply to IP income of Luxembourg entities received between 1 July 2016 and 31 December 2017 on IP rights developed or purchased before 1 July 2016. As from 1 January 2018, the transitional provisions have been repealed and replaced by the new article 50ter of LITL.

More information can be seen here


Source: www.cms.law

Feb 13, 2018 (Newsletter Issue 3/18)
Official Fees Increased
As of January 1, 2018, new tariffs apply for most of the actions before the Benelux Office for Intellectual Property (BOIP).

The new tariffs are automatically and correctly calculated in the online application on the website of BOIP. A list of the amended fees can be seen here


Source: www.boip.int

Okt 05, 2017 (Newsletter Issue 17/17)
Official Fees Increase Announced
The Benelux Office for Intellectual Property (BOIP) informed on its website an increase of their tariffs for their products with effect from January 1, 2018. BOIP tariff's have remained unchanged since 2005. On September 28, 2017, the Management Board decided to increase them.

In 2018, the tariff for filing a trademark will be EUR 248. The tariff for filing a single design will be EUR 112.

Further information can be seen here

Source: www.boip.int


Apr 26, 2017 (Newsletter Issue 8/17)
Request for Correction of Declaration of Standard Characters
Since January 6, 2014, an application for international registration of a trademark under the Madrid System, where the Benelux Office for Intellectual Property (BOIP) would be the Office of origin, must be filed using the Madrid e-Filing Module (“MeF”).

When this tool was introduced, it did not provide a box for applicants to check to declare that the mark should be considered as a mark in standard characters (“Declaration of Standard Characters”). Such box was made available in MeF on December 1, 2016, which means that in the period from January 6, 2014 to December 1, 2016, it was not possible for applicants to make such a declaration. It is optional for the applicant to make such declaration. However, if the applicant wants to make this declaration it must in principal be made at the time of filing the international application.

Holders who filed international applications within the dates mentioned above now receive the possibility to request a correction in the International Register, under Rule 28 of the Common Regulations to the Madrid Protocol (“Common Regulations”), to record a Declaration of Standard Characters in their international registration. There is no time limit to ask for this correction.

A request for such correction must be submitted through BOIP, using the available electronic form here

Further information can be found here

Source: www.boip.int


Nov 22, 2016 (Newsletter Issue 21/16)
Electronic Renewal of Design Registrations Possible Now
The Benelux Office for Intellectual Property (BOIP) informed that it is now possible to renew design registration via their website.

After logging into ‘My BOIP’, owners need to click on 'Renew a design registration'. Upon completion of the application, owners may pay directly with iDEAL, Visa, MasterCard, Bancontact or their current account with BOIP.

Owners will receive a confirmation by email once the payment has been processed. This confirmation contains a reference to the online Designs Register, where they can always find the most up-to-date information on their design registration. Renewal certificates will no longer be received by post.

Source: www.boip.int


Mai 31, 2016 (Newsletter Issue 10/16)
IP Bureau of Sint Maarten Opened
On April 8, 2016, the Bureau for Intellectual Property of Sint Maarten (BIP SXM) has opened.

The Benelux Office for Intellectual Property (BOIP) has entered into an agreement with Sint Maarten and is responsible for the administration of Sint Maarten trademark applications. The Bureau in Sint Maarten takes care of the assessment of the applications on absolute grounds and delivers the titles.

Source: www.boip.int


Nov 11, 2015 (Newsletter Issue 17/15)
E-Filing in Sint Maarten Available Now
The Bureau for Intellectual Property of Sint Maarten (BIP SXM) in cooperation with the Benelux Office for Intellectual Property (BOIP) has opened for business on-line on Monday, October 5, 2015.

The Bureau for Intellectual Property of Curaçao will no longer handle or process any requests received on or after October 1, 2015 concerning Sint Maarten.

Applications, requests for renewal and other requests concerning Sint Maarten trademarks received between October 1st and October 5th will be given the time of their actual receipt and will be processed accordingly.

A trademark representative has to be recognized by BIP SXM who will publish a list on their website of all Sint Maarten trademark representatives registered at the Bureau. The registration form for the representatives can be found here

Further, a list of the applicable fees, as per October 1st, 2015, of the Bureau for Intellectual Property Sint Maarten, can be found here

Source: www.bip.sx


Sep 29, 2015 (Newsletter Issue 15/15)
IP Bureau of Sint Maarten Starts Soon
The Bureau for Intellectual Property of Sint Maarten (BIP SXM) starts soon. The National Ordinance BIP is planned to go into effect as per October 1, 2015. As from this day, entrepreneurs active on Sint Maarten can protect their national as well as their international trademarks via a electronic procedure. Trademark representatives on Sint Maarten can register before October 1, 2015, at BIP SXM via the form on the website.

In addition to the registration system, there is a fully online trademarks register available for Sint Maarten. This register will provide real-time information regarding the current trademark rights on Sint Maarten and facilitate the procedure for acquiring rights quickly and efficiently.

The BOIP will take care of the back-office activities. For its part, the BIP SXM will be responsible for the execution of the legal tasks from the Trademarks Ordinance and disseminating information to the public. With these activities, the BOIP has further expanded its network of international partnerships. Since 2010, it has already been charged with the execution of the Trademarks Act for Bonaire, Sint Eustatius and Saba (Wet Merken BES, or WMB) on behalf of the Department of the Caribbean Netherlands (Rijksdienst Caribisch Nederland). The Act applies to the three special Dutch “municipalities” of Bonaire, Sint Eustatius and Saba, which are jointly referred to as the Caribbean Netherlands.

Source: www.boip.int


Sep 15, 2015 (Newsletter Issue 14/15)
Process for Design Applications Improved
The Benelux Office for Intellectual Property (BOIP) will use a new internal system starting September 3, 2015 for the processing of design applications. This new system will speed up the registration proceedings.

Important modifications are:
- Registration certificates for designs will no longer be sent. A copy of the registered design can be printed out through the online register. This copy will have the same legal status as a copy issued by BOIP.
- The Benelux Designs Register has been the official publication medium for drawings and designs since July 2015. From September drawings or designs will be published daily in the register.

Source: www.boip.int


Jul 14, 2015 (Newsletter Issue 11/15)
New Online Design Register
As of July 13, 2015, the Benelux Designs Register will be the official publication of drawings and designs. The Benelux Designs Gazette will therefore no longer be published.

All information previously available in the Benelux Designs Gazette is now available in the online register. This register contains the details and images of the drawings and designs registered in the Benelux valid on January 1, 2012 or registered on a later date.

The details of, among others, renewals and changes of the registrations can also be consulted via the register. The publication will initially be updated monthly. In the near future, the publication will happen on a daily basis, as is currently already the case for the Benelux Trademarks Register.

Designs older than January 1, 2012 are still available in the Benelux Industrial Designs Gazette, previously the official place of the publication.

Source: www.boip.int


Jul 14, 2015 (Newsletter Issue 11/15)
Bureau for Intellectual Property of Sint Marten Now Online
The Benelux Intellectual Property Office (BOIP) has announced that the website of the Bureau for Intellectual Property of Sint Maarten is now online. The new BIP SXM is being established to register trademarks in Sint Maarten in partnership with BOIP. It needs to be noted that it is not yet possible to file applications for Sint Maarten trademarks with BIP SXM/ BOIP. At this moment BIP CUR is still the competent authority for Sint Maarten trademarks.

Alongside the website, a new online register for Sint Maarten is now also available. Trademarks cannot yet be filed with the BIP SXM, but this will be possible once the necessary legislation is in place.

All international trademark registrations valid in Sint Maarten are included in the online register. They will be mentioned in the list of trademarks found after a search and can also be retrieved by their registration numbers.
For detailed information concerning these international trademarks, the online register provides a link to the WIPO ROMARIN database, their original source. This link is activated by clicking the trademark concerned.

Source: www.boip.int, www.bip.sx


Jul 14, 2015 (Newsletter Issue 11/15)
New And Improved Online Trademark Filing
The Benelux Intellectual Property Office (BOIP) has announced that it is now possible to file trademark applications online using the BOIP's updated web environment.

Benefits of the new environment:
- Intuitive and user-friendly
- Quick and easy to find and select all the relevant goods and/or services
- Immediate PDF confirmation in your mailbox, with the application number and a financial overview

The following needs to be noted:
- In order to submit trademark applications online, users must log in using their My BOIP account. The account can be set up on the BOIP's website free of charge.
- Payment is due online when the applications get filed. It can be paid with iDEAL, Bancontact, credit card or current account.

The new environment does not affect applications submitted via BMB Connect.

Quelle: www.boip.int


Mai 27, 2015 (Newsletter Issue 8/15)
Filing of Oppositions Online Possible
The Benelux Intellectual Property Office (BOIP) has announced that customers can file oppositions against trademark applications online as from April 21, 2015.

The online procedure for filing oppositions is largely the same as the paper procedure, but it offers a number of important benefits. For example, it allows customers to file oppositions at any time and from any location, provided they have access to an Internet connection. Furthermore, customers can easily import the disputed trademark and the right invoked from TMview. Online filings also involve no paper forms and customers receive an e-mail confirmation in the form of a PDF file immediately following filing. Paper filings of oppositions will remain possible.

For more information on the opposition procedure, please click here

Source: www.boip.int


Dez 09, 2014 (Newsletter Issue 19/14)
Changes to International Registration Procedures
The Benelux Intellectual Property Office (BOIP) has announced on its website that several changes to international trademark registration procedures enters into force on 1 December 2014.

These changes have arisen as a result of the BOIP's decision to no longer process requests for modifications, territorial extensions and the renewal of international trademark registrations. Most of the procedures relating to the international register are automated. The BOIP's involvement is not necessary, and may even be inefficient and delay the process. Applications for the above should be submitted directly to WIPO's website effective 1 December 2014 by completing one of the online forms.

There are, however, cases in which intervention by BOIP is necessary. This is the case for cancellations ordered by a court and for modifications (transfers, licenses, rights of pledge and attachments) that are requested by a party other than the registered holder. Such requests, which are in any case exceptional, must be filed via BOIP.

The appropriate WIPO form needs to be completed and must be sent to BOIP (preferably using our contact form), together with the necessary supporting documents and an explicit statement that due to the nature of the request it cannot be submitted directly to WIPO.

Trademark holders will still be able to find all the relevant information about renewals, modifications and the extension of your international registration, including direct links to the relevant WIPO services, on the BOIP's website.

BOIP's Information Centre can be contacted in case of questions.

Source: www.boip.int


Jun 10, 2014 (Newsletter Issue 9/14)
Agreement between Sint Maarten and BOIP
An agreement was concluded between Sint Maarten and the Benelux Office for Intellectual Property (BOIP) regarding the execution of Sint Maarten's trademark law.

Starting on 1 January 2015, entrepreneurs who are active on Sint Maarten can protect their trademarks by means of a modern electronic procedure. The BOIP will set up and manage this procedure for Sint Maarten. The BOIP will also see to it that Sint Maarten makes a fully online trademarks register available to the public. This register will provide real-time information regarding the current trademark rights on Sint Maarten and facilitate the procedure for acquiring rights quickly and efficiently.

The agreement entails that the BOIP will take care of the back-office activities of the Bureau for Intellectual Property of Sint Maarten (BIP SXM). For its part, the BIP SXM will be responsible for the execution of the legal tasks from the Sint Maarten Trademarks Ordinance and disseminating information to the public.

Source: www.boip.int


Feb 04, 2014 (Newsletter Issue 2/14)
E-filing for Designs/International Trademarks Now Possible
The Benelux Intellectual Property Office (BOIP) has announced on its website the implementation of e-filing for designs, developed by OHIM´s Cooperation Fund.
E-filing for designs offers a simple five step online registration process, making the design application process easier and quicker for users. Access to the e-filing procedure is provided by "My BBIE" based on an account which can be requested here

Further, BOIP also introduced a new e-filing tool for international trademark applications in conjunction with the World Intellectual Property Organization (WIPO). Paper filing of international trademark applications will no longer be available. Access to the e-filing procedure is provided by "My BBIE".

Source: www.boip.int and www.oami.europa.eu


Nov 18, 2013 (Newsletter Issue 16/13)
Accession to Singapore Treaty
The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify the deposit by the Benelux Organization for Intellectual Property, on October 8, 2013, of its instrument of accession to the Singapore Treaty on the Law of Trademarks, adopted at Singapore on March 27, 2006.

In conformity with Article 28(3), the said Treaty will enter into force, with respect to BOIP, on January 8, 2014.

On that date and in accordance with Articles 26 and 28 of the Treaty, the Member States of BOIP, that is, Belgium, Luxembourg and the Netherlands, will become bound by the Singapore Treaty.

Source: www.wipo.int


Okt 15, 2013 (Newsletter Issue 15/13)
Singapore Treaty Ratified by LU
The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify the deposit by the Government of the Grand Duchy of Luxembourg, on September 3, 2013, of its instrument of ratification of the Singapore Treaty on the Law of Trademarks, adopted at Singapore on March 27, 2006.

The Grand Duchy of Luxembourg being a Member State of the Benelux Organization for Intellectual Property, the said Treaty will enter into force with respect to the Grand Duchy of Luxembourg at a later date, in accordance with Articles 26 and 28 of the said Treaty.

Source: www.wipo.int


Sep 17, 2013 (Newsletter Issue 13/13)
Significant Changes to IP Practice
The Benelux Office for Intellectual Property (BOIP) has announced significant changes to the IP practice starting on or after 1 October 2013.

This affects the following:
- English as a working language: English becomes a working language next to the official languages Dutch and French.
- New way of calculating the opposition period: The opposition period of two months shall be calculated from the date of publication instead of from the first day of the month after the publication date.
- Modification of the period for suspension of oppositions: Extension of the cooling off period on the joint request of both parties will be 4 months instead of 2 months
- Simplification of the procedure for renewal of a trademark: E-filing of renewal application is accompanied with an e-payment module.

There will also be some other changes. The exact date of which is not yet known, but this is expected for the end of the year. It concerns the following points:
- E-filing of international filings
- E-filing of design filings
- Implementation of TMclass

Source: www.boip.int and Landmark Trademark Protection, The Netherlands


Sep 03, 2013 (Newsletter Issue 12/13)
Opposition Proceedings Soon Changed
The Benelux Office for Intellectual Property (BOIP) has announced that the opposition period shall be calculated from the date of publication with effect from October 1, 2013.

This change is related to the fact that trademark applications are no longer published monthly but on a daily basis.

Source: www.boip.int


Jul 01, 2013 (Newsletter Issue 10/13)
Singapore Treaty Ratified
The Kingdom of Belgium, has deposited its instrument of ratification of the Singapore Treaty on the Law of Trademarks on June 7, 2013.

The Kingdom of Belgium being a Member State of the Benelux Organization for Intellectual Property, the said Treaty will enter into force, with respect to the Kingdom of Belgium at a later date, in accordance with Articles 26 and 28 of the said Treaty.

Source: www.wipo.int


Jun 25, 2012 (Newsletter Issue 10/12)
Accession to TLT
The World Intellectual Property Organization (WIPO) has informed that the Government of the Grand Duchy of Luxembourg deposited on May 11, 2012 its instrument of ratification of the Trademark Law Treaty (TLT). The Trademark Law Treaty will enter into force on August 11, 2012.

The Grand Duchy of Luxembourg being the last Member State of the Benelux Organization for Intellectual Property to have deposited its instrument of ratification of the Trademark Law Treaty, the said Treaty will enter into force with respect to the Kingdom of the Netherlands in Europe and the Kingdom of Belgium, on the same date.

Source: www.wipo.int


Mrz 28, 2011 (Newsletter Issue 5/11)
Publication of Caribbean Netherlands TMs
The Benelux Office for Intellectual Property (BOIP) now has the possibility to publish the Caribbean Netherlands trademarks. A page has been added to their website. The registered trademarks are visible on this website. All the data concerning a specific trademark can be made visible by clicking the trademark's number. The publication only contains published and registered trademarks. It does not extend to pending applications and/or international registrations. The list of published trademarks can be searched by number, trademark, applicant, filing and expiry date.

To enter the publication, please click here


Mrz 08, 2011 (Newsletter Issue 4/11)
Country Codes for the Caribbean Netherlands Allocated
The country codes for the subdivided Antilles used by WIPO and applicants of international trademarks have been made definite.
The Caribbean Netherlands (Bonaire, Sint Eustatius and Saba) was assigned the country code BQ. Curacao was allotted the code CW and Sint Maarten now has the code SX.

Now that the country codes are definite, the AN (Netherlands Antilles) designation will soon disappear from WIPO data. All existing trademarks that formerly bore a Netherland Antilles designation, and therefore have AN as a country code, will automatically be subdivided and assigned the three new country codes (BQ, CW or SX). All new international applications must specify for which part of the former Netherlands Antilles the protection is required.

For further information please click here


Jan 01, 2011 (Newsletter Issue 1/11)
Consequences of Dissolution of Netherlands Antilles
As from October 10th, 2010, the Netherlands Antilles ceased to exist as a political entity. The islands of Bonaire, Saint Eustatius and Saba (“BES islands“) have become part of the Netherlands. These islands, also called Caribbean Netherlands, have become special individual municipalities within the Kingdom of the Netherlands. The BES islands are not covered by a Benelux or EU trademark registration.

Curaçao and Sint Maarten have become autonomous states within the Kingdom of the Netherlands. This can be compared with the status of Aruba. Both Curaçao and Sint Maarten are not covered by a Benelux or EU trademark registration.

Current trademark registrations:

BES islands
There is a transitional period with respect to the BES islands. Owners of Netherland Antillean trademark registrations have one year after the dismantling, i.e. until October 10th, 2011, to file maintenance applications for the BES islands. A maintenance application needs to be filed with the Benelux Office for Intellectual Property (“BOIP’). This Office has been appointed to manage the Trademark Register for the BES islands.

Curaçao and Sint Maarten
The situation about Curaçao and Sint Maarten is not clear yet. Most likely existing Netherlands Antilles trademarks will automatically be converted into trademarks for the territories of Curaçao and Sint Maarten. However, it is also possible that trademark owners need to file maintenance applications for these islands too within one year after the dismantling (i.e. until October 10th, 2011). Such maintenance application should be filed with the Bureau for Intellectual Property of the Netherlands Antilles.

International Registrations designating Netherlands Antilles

The above-mentioned transitional period is not applicable to International trademark registrations, designating the Netherlands Antilles. As from October 10th, 2010, those International Registrations continued to have effect in the three new territorial entities. The owner of the International registration was not required to file any request to the World Intellectual Property Organization.

Future trademark registrations

The BES islands have their own trademark law called Trademark Law BES.


Source: www.novagraaf.com

Nov 03, 2010 (Newsletter Issue 16/10)
Application of the Madrid Protocol by the Netherlands Amended
The Kingdom of the Netherland had extended the application of the Madrid Protocol to the Netherlands Antilles, with effect from April 28th, 2003. As a territorial entity whithin the Kingdom of the Netherlands, the Netherlands Antilles ceased to exist on October 10th, 2010. The territory has been divided into the tree territorial entities of Curaçao, Sint Maarten and the Islands of Bonaire, Saint Eustatius and Saba (BES), each haging a distinctive trademarks legislation and administration within the Kingdom of the Netherlands. The Government of Kingdom of the Netherlands extended the application of the Madrid Protocol to the new independent territorial entities of Curaçao, Sint Maarten and the Islands of Bonaire, Saint Eustatius and Saba effective from October 10th, 2010.

For more information please click here


Apr 01, 2010 (Newsletter Issue 9/10)
Accession to Singapore Treaty by Netherlands
The Kingdom of the Netherlands ratified the Singapore Treaty on the Law of Trademarks on October 2nd, 2009. It entered into force with respect to the Netherlands Antilles, on January 2, 2010.

The said Treaty will enter into force with respect to the Kingdom in Europe at a later date.

Source: www.wipo.int


Belgium, the Netherlands and Luxembourg are treated as one common area with a uniform trademark law and one trademark office. Since the adoption of the Benelux Trademarks Act in 1971, there are no national trademark laws in any of the Benelux countries anymore.
Legal basis is the Benelux Treaty for Intellectual Property (trademarks and designs) which replaced the Benelux Trademarks Act on September 1, 2006. Trademark protection is created by registration.
The Benelux countries are members of the Madrid Agreement, of the Madrid Protocol and of the European Union.
Nice classification, 11th edition
Registrable as trademarks are word marks, device marks, three-dimensional marks, colour marks, slogan marks and sound marks. Holograms are registrable when capable of being represented graphically.
The application is filed at the Benelux Office for Intellectual Property in The Hague.
Multiple-class applications are possible.
Foreign applicants do not need a local trademark attorney as long as they have an address for service in a member state of the European Union (EU) or the European Economic Area (EEA).
There is no requirement for a power of attorney anymore.
Foreign applicants do not need a domestic registration.
There is only examination on absolute grounds; the official search has been abandoned. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
After the examination on formalities and absolute grounds, the application is published in the online Benelux Bulletin for opposition purposes. The whole procedure takes between 3 and 4 months if there are no complications. There also exists an expedited registration procedure. In this case the mark is registered and published after the formalities check. The mark could in this case still be refused on absolute grounds or due to a successful opposition.
National:
The opposition period is 2 months from the date of publication of trademark application.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from the application date and is renewable for the same period.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration or has later not been genuinely used during the last 5 years, it may be subject to cancellation by way of a cancellation procedure before BOIP or a court action. Subsequent use of the trademark can restore protection.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is EUR 248 for up to three classes and EUR 39 for each additional class under the normal procedure. The fee for the expedited procedure is EUR 199 extra for up to three classes and an extra of EUR 31 for any following class.

As of January 1, 2019, the official fee for filing a trademark application is EUR 244 for the first class, EUR 27 for the second class and EUR 81 for each additional class.
Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
Jun 26, 2018
Landmark Trademark Protection, Amersfoort, Netherlands

Mai 23, 2016
Landmark Trademark Protection, Amersfoort, Netherlands

Mrz 18, 2015
Landmark Trademark Protection, Amersfoort, Netherlands

Nov 27, 2014
Landmark Trademark Protection, Amersfoort, Netherlands

Aug 13, 2013
Landmark Trademark Protection, Amersfoort, Netherlands

Jul 15, 2012
Arnold + Siedsma, Amsterdam, Netherlands  

Jul 12, 2012
Landmark Trademark Protection, Amersfoort, Netherlands

Aug 10, 2011
Marks & Clerk (Luxembourg) LLP, Luxembourg, Luxembourg



Arnold + Siedsma



Michiel Rijsdijk

Michiel Rijsdijk
A.J. Ernststraat 595F
1008 Amsterdam
Netherlands (NL)
Tel + 31 20 333 1433
Fax + 31 20 333 1434
mrijsdijk@arnold-siedsma.com
www.arnold-siedsma.com

A good idea deserves protection

We love intellectual property and it is what we do best. We believe in excellence and we achieve this by combining decades of IP experience with youthful élan, by staying sharp and focused, with dedication to the needs of our clients.

We have renowned solicitors, patent attorneys and trademark attorneys. As is speed, straight forward communication, maximum personal attention, and direct and easy contact with the case manager. In other words, we stand for quality and clarity in the way we serve you, irrespective of the nature, urgency and complexity of the question or case.

We are conscious of the need to keep the costs as low as possible, reason why we offer a transparent and highly competitive cost structure. We make your business our business.

We have experience in proceedings before the European Patent Office, the Benelux and Community trademark offices, WIPO and the European Court of Justice. In complicated patent and trademark cases we often deal with cross-border issues. Thus we are at ease with high profile cases, complex legal issues and tough litigation, but always aiming at the most efficient way of protecting your interests.

As we constantly seek to surpass ourselves, we systematically monitor the quality of our services and are critical to ourselves and each other. We greatly value and appreciate feedback from our clients and welcome any discussion with you about the quality of our service.

Amsterdam | Breda | Den Haag | Eindhoven | Enschede | Leeuwarden | Nijmegen | Utrecht | Antwerpen | Zug | München

Benelux Office for Intellectual Property
Bordewijklaan 15
NL-2591 XR Den Haag
The Netherlands
Tel + 31 7 03 49 11 11
Fax + 31 7 03 47 57 08
www.boip.int
P.O. Box 90404, NL-2509 LK Den Haag

European Union Intellectual Property Office (EUIPO)
Avenida de Europa, 4
03008 Alicante
Spain
Tel +34 965 139 100
Fax +34 965 131 344
Mail information@euipo.europa.eu
www.euipo.europa.eu


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int