BENELUX

Registration of trademarks Benelux: Members of the European Community, the Madrid Protocol, and the Madrid Agreement are Belgium, the Netherlands, and Luxembourg. It should be noted that none of the Benelux nations have national trademark regulations in place as of the Benelux Trademarks Act of 1971. Registration is required to acquire trademark protection.

Requirements

It is necessary to submit a trademark application to the Benelux Office of Intellectual Property. It is not necessary to have a Power of Attorney. A domestic registration is not required for foreign candidates.

Procedure

An examination on absolute grounds is part of the application process; the official search has been cancelled. If a sign has gained uniqueness through use, it may be registered even if it was not found to be distinctive during the evaluation. The application is posted online in the Benelux Bulletin for opposition purposes following the requirements and absolute grounds investigation. It is possible to file an opposition within two months of the mark’s publication date, on the first day of the subsequent month. If there are no problems, the entire process takes five to eight months. An expedited registration process is also available.

Duration

A trademark application is valid in The Benelux for ten years following the date of application. Ten-year renewal periods are available for the registration.

Registration of trademarks Benelux: Members of the European Community, the Madrid Protocol, and the Madrid Agreement are Belgium, the Netherlands, and Luxembourg. It should be noted that none of the Benelux nations have national trademark regulations in place as of the Benelux Trademarks Act of 1971. Registration is required to acquire trademark protection.

Requirements

It is necessary to submit a trademark application to the Benelux Office of Intellectual Property. It is not necessary to have a Power of Attorney. A domestic registration is not required for foreign candidates.

Procedure

An examination on absolute grounds is part of the application process; the official search has been cancelled. If a sign has gained uniqueness through use, it may be registered even if it was not found to be distinctive during the evaluation. The application is posted online in the Benelux Bulletin for opposition purposes following the requirements and absolute grounds investigation. It is possible to file an opposition within two months of the mark’s publication date, on the first day of the subsequent month. If there are no problems, the entire process takes five to eight months. An expedited registration process is also available.

Duration

A trademark application is valid in The Benelux for ten years following the date of application. Ten-year renewal periods are available for the registration.

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