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Amendments to Trademark Laws

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Jan 31, 2019 (Newsletter Issue 1/19)
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Upcoming Changes to Trademark Laws

The 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 website