Benelux (BX)
04-01-2010 (Newsletter Issue 9)Accession to Singapore Treaty by NetherlandsThe Kingdom of the Netherlands ratified the Singapore Treaty on the Law of Trademarks on October 2nd, 2009. It entered into force with respect to the Netherlands Antilles, on January 2, 2010.
The said Treaty will enter into force with respect to the Kingdom in Europe at a later date.
Source: www.wipo.int Legal basis is the Benelux Treaty for Intellectual Property (trademarks and designs) which replaced the Benelux Trademarks Act on September 1st, 2006.
The Benelux countries are members of the Madrid Agreement, of the Madrid Protocol and of the European Community.
The Nice international classification of goods and services consisting of 45 classes has been adopted. Trademark protection is created by registration.
Registrable as trademarks are word marks, device marks, three-dimensional marks, colour marks, slogan marks and sound marks.
Belgium, the Netherlands and Luxembourg are treated as one common area with a uniform trademark law and one trademark office. Since the adoption of the Benelux Trademarks Act in 1971, there are no national trademark laws in any of the Benelux countries anymore.
The application is filed at the Benelux Office for Intellectual Property in The Hague.
Multiple-class applications are possible.
Foreign applicants do not need a local trademark attorney as long as they have an address for service in one of the Benelux countries. There is no requirement for a power of attorney anymore.
Foreign applicants do not need a domestic registration.
The processing time from first filing to registration or first office action is approx. 6 to 12 months.
There is only 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. The whole procedure takes between 5 and 8 months if there are no complications. There also exists an expedited registration procedure. In
this case the mark is registered and published after the formalities check. The mark could in this case still be refused on absolute grounds or due to a successful opposition.
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. An opposition decision can only be appealed at Court.
A trademark registration is valid for 10 years from the application date and is renewable for the same period.
If the trademark has not been used within 5 years from registration or has later not been used for 5 years continuously, it may be subject to cancellation. Subsequent use of the trademark can restore protection.
The official fee is EUR 240.00 for up to three classes and EUR 37.00 for each additional class under the normal procedure. The fee for the expedited procedure is EUR 193.00 extra for up to three classes and an extra of EUR 30.00 for any following class.
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
220,00 € |
70,00 € |
| Word Mark Search (identical) |
60,00 € |
20,00 € |
| Extended Search (word mark, company name, domain) |
660,00 € |
70,00 € |
| Device Mark Search (availability) |
430,00 € |
170,00 € |
| Trademark Owner Search |
140,00 € |
|
| Company Name Search |
430,00 € |
|
| Domain Name Search (extended) |
72,00 € |
|
| i-Search (word mark availability + legal opinion) |
450,00 € |
100,00 € |
The Prices above are S.M.D. Markeur Search Fees