Trademarks
- Registering a Benelux trademark
- Searching in the register
- Applying for a search
- Applying for an annual subscription
- Lodging an opposition (objection)
- Applying for changes and renewals
- Registering outside the Benelux
- What is a trademark?
- Is my trademark still available?
- How do I register my trademark?
- How do I maintain the right to my trademark?
- I have a conflict, do I have to lodge an opposition?
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What is the deadline?
- What is an opposition?
- Who can file an opposition?
- How can I file an opposition?
- What kinds of products and services may I file an opposition against?
- On which goods and services do I base my opposition?
- Which language should I use in legal proceedings?
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What does the opposition procedure entail?
- What are the consequences of the opposition?
- Can more than one opposition be filed against a single trademark?
- How can an opposition be terminated?
- Can the opposition proceedings be suspended?
- Which opposition decisions have already been taken?
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- How do I register my trademark outside the Benelux territory?
- Do things yourself or get things done by others?
- What are the fees for trademark registration?
Acting against improper use
“A good brand name and an attractive logo are symbols of the service provided by a company. Your trademark makes it clear what you stand for. Registering your marks reinforces your competitive position because then you can take action against improper use of a trademark. ”
I have a conflict; do I have to lodge an opposition?
Which language should I use in legal proceedings?
Only one of two official languages may be used in legal proceedings: French or Dutch. For Benelux trademarks, the language that you must use is the language that appears in the defendant's filing (this is the language in which the classification was filed). For international trademarks, the language that you must use is the language chosen by the defendant (Dutch or French). If the defendant does not make a choice, then the legal action must be conducted in French.
The choices made regarding procedural language (or exchanging arguments in English) can be changed prior to the commencement of the procedure by mutual request.
Documents submitted to support any arguments or to show the use of a trademark may be submitted in their original language (whatever that might be). However, they will only be considered if the BOIP rules that these documents, given the reason for submission, are sufficiently comprehensible. The BOIP will never translate such documents.