Benelux Trademark Filing Guide

 

II. Means of Availability
A. How is the information on the Trademark Register available?
  • Manually
    		•
    No
  • Electronically at the Registry Office
    		•
    No
  • Electronically via the Internet
    		•
    Yes
    Comments:
    B. The following details of registration are available for searching:
  • Representation of Mark
    		•
    No
  • Description of mark
    		•
    No
  • Application number of mark
    		•
    Yes
  • Registration number of mark
    		•
    Yes
  • Owner
    		•
    Yes
  • Class
    		•
    Yes
  • Goods/Services
    		•
    No
  • Application date
    		•
    Yes
  • Date of entry on the register
    		•
    Yes
  • Priority date
    		•
    No
  • Seniority claims
    		•
    No
  • Status
    		•
    No
  • Charges and security interests
    		•
    No
  • Endorsement, e.g., disclaimers, geographical limitations
    		•
    No
  • Licenses
    		•
    No
  • Chain of title/assignment/other changes in owner
    		•
    No
  • Indication whether the mark was allowed on the basis of acquired distinctiveness
    		•
    No
  • Attorney/representative
    		•
    No
    Comments:
    Colour claims: device marks in colour can be filed and the colours are mentioned in the publication. – this is however not a searcheable item.

    Re Licenses and chain of title/assignment/other changes in owner: only via monthly publication
    C. The following details of an application for registration are available for searching:
  • Representation of Mark
    		•
    No
  • Description of mark
    		•
    No
  • Color claim
    		•
    No
  • Owner
    		•
    Yes
  • Class
    		•
    Yes
  • Goods/Services
    		•
    No
  • Application date
    		•
    Yes
  • Priority date
    		•
    No
  • Seniority claims
    		•
    No
  • Status
    		•
    No
  • Charges and security interests
    		•
    No
  • Endorsement, e.g., disclaimers, geographical limitations
    		•
    No
  • Licenses
    		•
    No
  • Chain of title/assignment/other changes in owner
    		•
    No
  • Indication whether the mark was allowed on the basis of acquired distinctiveness
    		•
    No
  • Attorney/representative
    		•
    No
    Comments:
    Application number of Mark: Yes.

    Re Licenses and chain of title/assignment/other changes in owner: only via monthly publication
    D. Details and availability of prosecution files:
  • The Trademarks Office/Registry's prosecution files are available for inspection by third parties
    		•
    No
  • All files are available regardless of status
    		•
    No Answer
  • The following statuses are available
    		•
  • Pending applications
    		•
    Yes
  • Current registrations
    		•
    Yes
  • Abandoned or denied applications
    		•
    Yes
  • Expired or cancelled registrations
    		•
    Yes
  • The files are available at all stages
    		•
    Yes
  • If not, the files are available
    		•
  • Before Publication
    		•
    Not Applicable
  • After Publication
    		•
    Not Applicable
  • After Registration
    		•
    Not Applicable
  • Can copies be obtained
    		•
    Yes
    Comments:
    As soon as the file has passed an initial check after receipt, it is visible in the online register.

    Abandoned or denied applications: Yes, through the introduction of the application number or for an overview of the denied applications a search on monthly publication 

    Expired or cancelled registrations: Yes, through the introduction of the registration number or for the cancelled registrations an advanced search or search on monthly publication. Expired registrations are only available on the online database until 2 years after the expiration date.
    E. Provision of Certified copies by Trademarks Office / Registry
  • Certified copies of applications for registration/register entries are available from the Trademarks Office/Registry
    		•
    Yes
    Comments:
    III. Public Search Facilities Provided by Trademarks Office/Registry
    A. Facilities provided by the Trademarks Office/Registry for searching by the public for prior conflicting marks:
  • Word/letter marks
    		•
    Yes
  • Device marks
    		•
    Yes
  • Other marks (sound, color, smell, etc.)
    		•
    No
    Comments:
    B. Similarity of prior conflicting marks can be searched:
  • Identical marks only
    		•
    No
  • Identical and similar marks
    		•
    Yes
    Comments:
    It is possible to order a similarity search for word and device marks by completing a form (in Dutch or French) at the BOIP website and sending this form to BOIP (by mail or fax). A fee also has to be paid to BOIP. The similarity search consits of a list of relevant trademarks and extracts of these marks.
    C. Means of searching available for word/letter marks:
  • Manual
    		•
    No
  • Electronically at the registry
    		•
    No
  • Electronically via the Internet
    		•
    Yes
    Comments:
    D. Means of searching are available for device marks:
  • Manual
    		•
    No
  • Electronically at the registry
    		•
    No
  • Electronically via the Internet
    		•
    Yes
    Comments:
    E. Means of searching are available for other marks:
  • Manual
    		•
    No
  • Electronically at the registry
    		•
    No
  • Electronically via the Internet
    		•
    No
    Comments:
    F. Information available in the search:
  • Representation of mark
    		•
    Yes
  • Description of mark
    		•
    Yes
  • Color claim
    		•
    Yes
  • Application number of mark
    		•
    Yes
  • Registration number of mark
    		•
    Yes
  • Owner
    		•
    Yes
  • Class
    		•
    Yes
  • Goods/Services
    		•
    Yes
  • Application date
    		•
    Yes
  • Date of entry into register
    		•
    Yes
  • Priority date
    		•
    Yes
  • Seniority claims
    		•
    No
  • Status
    		•
    Yes
  • Charges and security interests
    		•
    Yes
  • Endorsements, e.g., disclaimers, geographical limitations
    		•
    No
  • Licenses
    		•
    Yes
  • Chain of title/assignments/other changes in the owner
    		•
    Yes
  • Indication whether the mark was allowed on the basis of acquired distinctiveness
    		•
    No
  • Attorney/representative
    		•
    Yes
    Comments:
    G. Device Mark Coding
  • Device marks are coded
    		•
  • Vienna code
    		•
    Yes
  • Office code
    		•
    No
    Comments:
    H. Owner Name Search
  • Searches can be conducted by owner name
    		•
    Yes
    Comments:
    I. Internet Search
  • Searches of the official database is available via the Internet
    		•
    Yes
  • A charge is made for accessing the database
    		•
    No
  • A charge is made for downloading from the database
    		•
    No
    Comments:
    IV. Services Provided by Trademarks Office/Registry for the Public
    A. Examination Guidelines:
  • The Trademarks Office/Registry publishes examination guidelines
    		•
    Yes
  • The examination guidelines are available to be viewed via the Internet
    		•
    Yes
    Comments:
    V. Procedures of Trademarks Office/Registry on an Application for Registration
    A. Method of filing
  • The Trademarks Office/Registry allows filing of applications
    		•
  • By Hand
    		•
    Yes
  • By Post
    		•
    Yes
  • By Fax
    		•
    Yes
  • Electronically
    		•
    Yes
  • The Trademarks Office/Registry allows the filing of documents after the filing of the application
    		•
  • By hand
    		•
    Yes
  • By post
    		•
    Yes
  • By fax
    		•
    Yes
  • Electronically
    		•
    Yes
    Comments:
    B. Fee Payment Mechanisms
  • Payment of official fees can be made to the Trade Mark office/Registry
    		•
  • By cash
    		•
    Yes
  • By cheque
    		•
    No
  • By credit cards
    		•
    No
  • By electronic transfer
    		•
    Yes
  • By deposit account
    		•
    Yes
    Comments:
    VI. Trademark Office/Registry Examination Procedure
    A. Examination
  • On receipt of an application the Trademarks Office carries out the following procedures:
    		•
  • A formalities examination
    		•
    Yes
  • A search for prior conflicting marks
    		•
    No
  • An examination for registrability
    		•
    Yes
  • Objection is raised before the final rejection
    		•
    Yes
  • Objection can be raised on the following grounds
    		•
  • Formalities
    		•
    Yes
  • Prior conflicting marks
    		•
    No
  • Registrability
    		•
    Yes
  • In the event of an objection based on prior conflicting marks, it can be overcome by filing a letter of consent from the owner of the prior mark
    		•
  • The acceptance of the letter of consent is mandatory
    		•
    Not Applicable
  • The acceptance of the letter of consent is discretionary
    		•
    Not Applicable
  • Objections can be challenged by argument before the final rejection
    		•
    Yes
    Comments:
    B. Response term
  • The usual term/deadline set by the Trademarks Office/Registry for response by the applicant to such objections is: days/weeks/months
    		•
    6 months
  • This period can be extended
    		•
    No
    Comments:
    C. Appeal
  • The final rejection of the mark by the Trademarks Office/Registry can be appealed
    		•
    Yes
  • The first appeal is made to
    		•
  • Appellate entity within the Trademarks Office/Registry
    		•
    No
  • The courts
    		•
    Yes
  • Other:
    		•
    Not applicable
    Comments:
    D. Publication
  • Applications are published for opposition
    		•
    Yes
  • Publication takes place
    		•
  • Before examination
    		•
    Not Applicable
  • After examination and acceptance
    		•
    Not Applicable
  • After registration
    		•
    No
    Comments:
    The publication takes place after the application has passed an initial check of certain minimal requirements. So the answer is somewhere between the first and second option, as the publication can take place before full examination of the application, including a decision on absolute grounds.
    E. Recordation
  • Change of owner details on an application for registration are recorded on the register
    		•
    Yes
  • The change of ownership is searchable
    		•
  • Manually
    		•
    Yes
  • Electronically at the registry office
    		•
    No
  • Electronically via the Internet
    		•
    No
    Comments:
    F. Opposition
  • Opposition to registration of a mark can be filed with the Trademarks Office/Registry
    		•
    Yes
  • Such oppositions can be filed
    		•
  • Before registration
    		•
    Yes
  • After registration
    		•
    Yes
  • The period to file the opposition from publication of application or registration is: days/weeks/months
    		•
    2 months from the date of publication of the mark
  • This period can be extended
    		•
    No
  • Grounds for opposition that may be relied on
    		•
  • Absolute grounds
    		•
    No
  • Relative grounds
    		•
    Yes
  • Other
    		•
    no
  • The final decision of the Trademarks Office/Registry on the opposition can be appealed
    		•
    Yes
  • The appeal is first made to
    		•
  • An appellate entity within the Trademarks Office/registry
    		•
    No
  • The courts
    		•
    Yes
  • Other
    		•
    no
    Comments:
    Opposition filed before registration during normal registration procedure and after registration during expedited registration procedure.
    G. Revocation/cancellation of registered marks
  • A registered mark can be revoked or cancelled on application by third parties
    		•
    No Answer
  • The cancellation action is filed to
    		•
  • The Trademarks Office/Registry
    		•
    No
  • The courts
    		•
    Yes
  • Other
    		•
    no
  • Grounds for cancellation that can be relied upon
    		•
  • Absolute grounds
    		•
    Yes
  • Relative grounds
    		•
    Yes
  • Non-use/abandonment
    		•
    Yes
  • Voluntary surrender
    		•
    Yes
  • Correction of entries on the register
    		•
    Yes
  • Other
    		•
    not applicable
  • A cancellation can be appealed
    		•
    Yes
  • An appeal is first made to
    		•
  • An appellate entity within the Trademarks Office/Registry
    		•
    No
  • The courts
    		•
    Yes
  • Other
    		•
    no
    Comments:
    H. Registered marks
  • The following can be recorded on the register in respect of registered marks
    		•
  • Licenses/registered users
    		•
    Yes
  • Security interests
    		•
    Yes
  • The following information is recorded
    		•
  • Name of party
    		•
    Yes
  • Date
    		•
    Yes
  • Expiration or cancellation date or length of time it lasts
    		•
    No
  • The information is part of register details accessible to the public by standard searching
    		•
    Yes
    Comments:
    I. Renewal
  • A registration can be renewed prior to expiry: days/weeks/months
    		•
    yes, 6 months
  • A registration can be renewed after expiry: days/weeks/months
    		•
    yes, 6 months
  • The period until the next renewal date is: years
    		•
    10 years
    Comments:
    VII. Trademarks Office / Registry Standards
    A. Trademarks Office Responsiveness
  • The period of time it takes the Trademarks Office/Registry to
    		•
  • Issue filing receipts
    		•
    1 day
  • Issue the 1st examination report/take other first action
    		•
    2 weeks to 1 month
  • Issue notification to applicant for registration that opposition has been filed
    		•
    2 weeks
  • Issue certified copies of applications for registration/ register entries (after request)
    		•
    1 day to 1 week
  • Enter the mark on the register after acceptance and/or expiry of opposition period
    		•
    10 days
  • Issue registration certificate after entry on register
    		•
    Immediately (within 1 day) after entry on the register (as all steps have been passed, including opposition, before the registration is confirmed)
  • Issue decision on opposition after evidence or submissions have been completed
    		•
    Not applicable
  • Issue decision on cancellation (after evidence or submissions have been completed)
    		•
    1 month to 2 months
  • Issue confirmation of recordal of assignment, change of name, license, etc.
    		•
    Immediately (within 1 day) after entry on the register (as all steps have been passed, including opposition, before the registration is confirmed)
    Comments:
    B. Document filing
  • Electronic filing is available 24 hours a day/7 days a week
    		•
    Yes
  • Filing deadlines that fall on a weekend or national holiday are extended to the next business day
    		•
    Yes
  • Mail is considered to be filed
    		•
  • At the time of filing
    		•
    No
  • At the time of receipt by the Trademarks Office/Registry
    		•
    Yes
  • Other
    		•
    not applicable
    Comments:
    C. Quality standards
  • The Trademarks office/registry has a set of quality standards concerning examination of applications regarding issues such as wrong acceptances and refusals
    		•
    Yes
  • Those standards are published and available to the public
    		•
    Yes
    Comments:
    Published as Directives

     

  		•

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