Services Trademarks

For the countries of The Netherlands, Belgium and Luxembourg (Benelux), it is only possible to obtain Trademark protection by means of one registration (10 years). For these countries, a Uniform Benelux Trademark Act applies. In the Benelux multi class application are possible in all 45 nice classes. The fee for filing a Benelux application are € 675,- for 3 classes.

A Trademark must meet legal Benelux requirements: It must have a distinctive character; but it may not be descriptive of the products or services involved. A Trademark must not be misleading to the public nor should it be in conflict with public order or decency. The Benelux Trademark Office (BTO) has the authority to ‘ex-officio’ refuse marks on the above mentioned grounds. Against such a provisional refusal we may file objections.

Opposition is possible in the Benelux during approximately 2 months from the publication of the application. Occasionally a Trademark may infringe older rights or can be filed in bad faith. The owner of these older rights may object to Trademark registrations at the Courts of the Benelux. The owner of a Trademark can appeal, inter alia, against the use of signs which are similar or identical, are used for the same or similar products/services, and may cause confusion with the public. Known Trademarks are protected even more broadly. For these reasons availability searches are crucial in determining the risks of conflicts.

See our downloads for the requirements to file a Trademark in the Benelux.