Registration procedure trademarks - Benelux

Application filing date :
DateActionfeesComment
18.12.2018
filing of the application for registrationofficial fees:
€ 248 in three classes +
€ 39 per additional class
between 25.12.2018 and 08.01.2019
examination of formal requirementsThe Benelux Office for Intellectual Property (BOIP) examines e.g. whether the claimed products are correctly classified. If there are any objections, the application can be rectified within a month (this period can be extended). When the formal requirements are met, BOIP proceeds with the publication of the application.
between 25.12.2018 and 08.01.2019
Publication of the application.The first day of the following month marks the beginning of the two-month opposition period during which earlier trademark holders can institute an opposition procedure.
between 08.01.2019 and 29.01.2019
Examination of the intrinsic validityBOIP examines whether the trademark is intrinsically distinctive, not merely descriptive and not misleading. If it is, the trademark is provisionally refused. The applicant may submit arguments to remove the objection. A final decision is taken after a maximum of six months. An appeal may be lodged against a final refusal with the courts of appeal of Brussels, Luxembourg or The Hague.
between 25.02.2019 and 11.03.2019
End of the opposition period.If an opposition is lodged, the procedure as such is preceded by a cooling off period. If no agreement is reached, each party can in turn submit arguments. An appeal may be lodged against a decision with the courts of appeal of Brussels, Luxemburg or The Hague.
between 04.03.2019 and 18.03.2019
Registration of the trade mark.If no opposition proceedings have been instituted or if an opposition is rejected/withdrawn, BOIP registers the trademark whereupon the trademark owner can fully exercise and enforce his rights.
between 18.03.2019 and 18.04.2019
Issuance of the registration certificate.The certificate is proof of ownership of the trademark. Certified copies are easily available upon payment of an official fee.
18.06.2019
End of the Convention priority period.If the trademark has been registered for the first time, the holder may file corresponding applications in other countries within six months. If the priority right is invoked, these corresponding applications are in somehow deemed to be filed at the date of the initial filing (in the Benelux).
18.12.2028
Renewal of the registration.official fees:
€ 260 in three classes +
€ 46 per additional class
After ten years, the holder may renew the registration for an additional period of ten years upon payment of renewal fees.