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Amendments to Trademark Laws

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Jun 14, 2018 (Newsletter Issue 11/18)
Benelux
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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