Oct 02, 2023 (Newsletter Issue 10/23)
Trademark Holder Privacy Improved
In order to meet trademark owners’ increasing privacy concerns, the Benelux Office for Intellectual Property (BOIP) recently stopped showing trademark owners’ addresses by default in its Trademarks Register.
While IP representatives’ addresses remain fully visible by default, the Register now only shows trademark owners’ name and town/city. Only users logged into the BOIP website whose My BOIP accounts contain at least one valid trademark, design or i-DEPOT registered with BOIP are now able to see trademark owners’ street and postcode.
BOIP has announced that it will implement the same change in its Designs Register.
Source: www.petosevic.com
Aug 01, 2023 (Newsletter Issue 7/23)SMEs Can Recuperate 75% of their Application Fees for TMs and DesignsSmall and medium enterprises can recuperate 75% of their Benelux trademark or design application fee. The SME voucher is available for all companies established in the EU that meet the definition of an SME as determined by the European Commission.
Both basic costs and additional costs (costs for extra classes, for example) qualify for this partial reimbursement:
For an application for a Benelux trademark, that is a minimum of 183 euros (75% of the basic fee of 244 euros).
For an application for a Benelux design, that is a minimum of 112.50 euros (75% % of the basic fee of 150 euros).
For more information, please click here.Source: www.boip.int May 28, 2020 (Newsletter Issue 8/20)
New Online Services
Since May 12, 2020, the Benelux Office for Intellectual Property (BOIP) provides additional online services: Change of Representative and Transfer of Rights for trademarks and for designs, which will help modernise IP-related operations in the Benelux. These new digital services complement BOIP’s existing services (Change of Name, Change of Address, Change of Name and Address, Renewal Trade Mark, Renewal Design, Opposition and e-Filing Trade Mark/Design).
The new BOIP services are the result of the work carried out by the EUIPO and its partners under the European Cooperation Projects (ECP1).
Source: www.euipo.europa.eu
Jul 11, 2019 (Newsletter Issue 9/19)
Sint Maarten Will Not Accept Division or Merger Requests of Intl. Registration
Sint Maarten (Dutch Part) has notified WIPO in accordance with Rules 27bis(6) and 27ter(2)(b) of the Common Regulations.
In the said notification, it is indicated that the law applicable in Sint Maarten does not provide for the division of registrations of a mark nor for the merger of registrations of a mark. As a result, the Office will not present to WIPO requests for the division of an international registration under Rule 27bis(1) nor requests for the merger of international registrations resulting from division under Rule 27ter(2)(a).
Source: www.wipo.int
Apr 04, 2019IP Office Will Not Accept Merger Request of Intl. RegistrationBenelux has notified WIPO in accordance with new Rule 27ter(2)(b) of the Common Regulations under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to that Agreement (the Common Regulations), which entered into force on February 1, 2019.
In the said notification, the IP Office has declared that its law does not provide for the merger of registrations of a mark and that, as a result, its Office will not present to the International Bureau of WIPO requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).
For further information, please click hereSource: www.wipo.int Jan 31, 2019 (Newsletter Issue 1/19)Upcoming Changes to Trademark LawsThe Benelux Office for Intellectual Property (BOIP) informs that the laws on trademarks in the Benelux will change as of March 1,2019.
One of the changes concerns the collective mark, which will be replaced by two variants as of March 1, 2019 (the "new-style" collective mark and certification marks). Owners of collective marks filed before March 1, 2019, need to notify the authorities of their choice for one of these variants as a premise for the next renewal. Respective trademark owners have been notified by BOIP.
The differences of at a glance:
New-style collective mark
- Serves to inform that the products or services are provided by a business that is a member of a given organization
- Owner must be an association or a legal entity under public law
- Can indicate a geographical origin
Certification mark
- Serves to inform that the products or services meet certain requirements
- Owner is not allowed to market the products and services himself
- Cannot certify geographical origin
For more information, please check the BOIP's websiteSource: www.boip.int Dec 13, 2018 (Newsletter Issue 21/18)Declarations on Hague Agreement of Industrial DesignsOn 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 hereSource: www.wipo.int Nov 30, 2018 (Newsletter Issue 20/18)Change to Official Fee Structure and Increase SoonThe 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 Oct 30, 2018 (Newsletter Issue 18/18)Hague Agreement for Industrial Designs Ratified by NLThe 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 hereSource: www.wipo.int Oct 30, 2018 (Newsletter Issue 18/18)Draft Trade Secrets Directive Bill in NLOn 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 hereSource: www.taylorwessing.com Oct 11, 2018 (Newsletter Issue 17/18)Belgian Act on the Protection of Trade Secrets AdoptedThe 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 hereSource: www.linklaters.com Jun 14, 2018 (Newsletter Issue 11/18)Trademark Cancellation Procedure before BOIP Possible NowThe 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 hereSource: www.landmark.eu Apr 26, 2018 (Newsletter Issue 8/18)Benelux Trademark Regime to Change SoonThe 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 AmendedThe 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 hereSource: www.cms.law Feb 13, 2018 (Newsletter Issue 3/18)Official Fees IncreasedAs 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 Oct 05, 2017 (Newsletter Issue 17/17)Official Fees Increase AnnouncedThe 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 CharactersSince 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
May 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 NowThe 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 SoonThe 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 RegisterAs 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 OnlineThe 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
May 27, 2015 (Newsletter Issue 8/15)Filing of Oppositions Online PossibleThe 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 Dec 09, 2014 (Newsletter Issue 19/14)Changes to International Registration ProceduresThe 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 PossibleThe 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
Oct 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 PracticeThe 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
Mar 28, 2011 (Newsletter Issue 5/11)Publication of Caribbean Netherlands TMsThe 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 Mar 08, 2011 (Newsletter Issue 4/11)Country Codes for the Caribbean Netherlands AllocatedThe 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 AmendedThe 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 NetherlandsThe 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.
A trademark may consist of any signs, in particular words, including personal names, or designs, letters, numerals, colours, the shape of goods or of the packaging of goods, three-dimensional forms, sounds, holograms, movement marks, position marks, pattern, multi-media provided that such signs are capable of:
a. distinguishing the goods or services of one undertaking from those of other undertakings; and
b. being represented on the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.
The following trademark types are registrable: trademarks, service marks, collective marks and (as of March 1, 2019) certification marks.
The application is filed at the Benelux Office for Intellectual Property (BOIP) 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 in all three Benelux countries (Belgium, the Netherlands, and Luxembourg).
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.
A trademark registration is valid for 10 years from the application date and is renewable for the same period.
The official fee for filing a trademark application is EUR 244 for the first class, EUR 27 extra for the second class and EUR 81 for each additional class.
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General Trademark Regulations
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