Netherlands Trademark Registration

Netherlands is belong to the Benelux countries (Belgium, the Netherland and Luxembourg) as they are members of the Madrid Agreement, of the Madrid Protocol and of the European Community. Duly note, since the Benelux Trademarks Act in 1971, there are no national trademark laws in any of the Benelux countries anymore. Thus, Netherlands (Benelux) Trademark Registration (Benelux) can be obtained in 3 different ways:

 

1. Through Benelux trademark registration, only valid for Belgium, The Netherlands, Luxembourg and not for other countries.

 

2. Through an international registration (WIPO) with designation for the Benelux and the possibility to also designate other countries that take part in the Madrid Protocol.

 

3. Through a Community Trademark Registration, which has validity for all 28 countries of the European Community including all Benelux countries.

 

Netherlands

 

Netherlands Trademark Filing Documents

Netherlands trademark application has to be filed before the Benelux Office of Intellectual Property. A Power of Attorney is not required. Foreign applicants do not need a domestic registration. To obtain the filing date a Netherlands trademark application must contain:

– Logo in JPEG Format;

– Information about the applicant(s);

– List of goods and services;

– Copy of the priority document, if the priority is claimed.

 

Procedure of Netherlands Trademark Registration

The application process includes an examination on absolute grounds; the official search has been abandoned. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use. After the examination on formalities and absolute grounds, the application is published in the online Benelux Bulletin for opposition purposes. Oppositions could be filed within a period of 2 months after the first day of the month which follows the date of publication of the mark. The whole procedure takes between 5 and 8 months if there are no complications. There also exists an expedited registration procedure.

 

Duration of Netherlands Trademark Registration

The Benelux trademark registration is valid for 10 years from application date. The registration is renewable for periods of 10 years. 

 

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