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Netherlands Trademark Registration 

Note that, in order to obtain protection in Netherlands, you must register your trademark in Benelux or European Union; there is no local trademark for Netherlands. European Union trademark includes protection in Austria, Bulgaria, Belgium, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom. To proceed with trademark application in European Union, click here. On the other hand, Benelux trademark protects Belgium, Netherlands and Luxemburg. If you want to proceed with trademark application in Benelux please follow the steps described below.

A trademark attorney will process your trademark registration in Netherlands through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 4 months, if no objections or oppositions arise.

     

  • If I register my trademark in Benelux, do I have protection in other territories?

    Registered trademarks in Benelux are protected in Luxembourg, Belgium and Netherlands

  • Do I need to sign a Power of Attorney?

    A Power of Attorney is not required.

  • Are there any benefits from using your trademark before filing?

    The applicant may benefit from using the mark before filing for application but it does not guarantee any right. First, pre-filing use helps in acquiring distinctiveness. Second, third-parties will have no ground to file an opposition based on non-distinctiveness.

  • Will there be problems if I don’t use my trademark after registration?

    Yes. Your trademark may possibly get attacked and get cancelled if you don’t use it after it was registered.

  • What are the types of trademark that can be registered in Benelux?

    Any sign or mark that can distinguish a product from its counterparts can be registered as a trademark. It can be a: name, sound, word, device, colour, slogan, and 3-dimensional shape. The law does not require a mark to be visually graphic in order to register it.

  • What are the phases of application after a trademark has been filed in Benelux?

    The application process starts with the examination of requirements. This phase will ensure that the applicant complies with all the requirements with regards to formality, classification, distinctiveness, descriptiveness and deceptiveness.  Next, the application details will be posted online and opposition period will start. Depending on whether there are objections or none, the next step would be the actual registration of the mark.

  • What type of trademark is not registrable?

    You may not register a mark that may cause scandal such a signs that contradict moral standards and signs that threaten public order. Flags and emblems of international organizations, nations and states are protected and cannot be registered. More so, generic terms and marks that resemble a geographical map of a location are prohibited for registration.

  • Does Benelux use the "Nice Classification" system?

    Yes, Nice Classification System is effective in Benelux. A single application may cover several classes of products/services.

  • Does the European Union trademark cover Benelux?

    Yes. Benelux is covered by the European Union Trade Mark (formerly Community Trademark). Multinational registration is effective in Benelux.

  • Can you claim priority in Benelux?

    Yes. Since Benelux is a member of the Paris Convention, you can protect your trademark in all other countries that are also a member of the Paris Convention. Your mark will be protected from the date when you initially filed your application. The same also applies if the home country of the applicant is a member of the World Trade Organization.

  • What do I need to do to satisfy the use requirement?

    Use your trademark within 5 years from the date it was registered. It is mandatory to use the mark on a commercial scale and the transaction must occur in the Benelux jurisdiction.

  • Once my trademark has been registered, for how many years will be valid?

    The trademark registration has validity for 10 years from the filing date.

  • What will be the renewal date of my trademark?

    Ten years from the date the application was filed.

  • Is it legal to use my trademark if it is not yet registered?

    Yes. It is legal to use a mark for selling goods/services even if it is not registered.


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