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?

What is proof of use?

‘Proof of use’ refers to documents that offer evidence of the trademark’s existence. The opponent must prove that the trademark was used normally in the Benelux region for the goods and/or services on which the opposition is based in the five years prior to the publication date of the trademark that is the subject of the opposition filed.

If the defendant asks the opponent for proof of use, then he or she has a period of two months to submit this evidence. The opposition will be terminated should he or she fail to submit any proof. In the event that he or she does submit evidence, the defendant has two months to comment on it and if necessary respond to the opponent’s initial arguments, in case he or she has not already done so.

Preferably speaking, proof should be restricted to paper material such as packaging, labels, pricelists, catalogues, invoices, photographs and newspaper advertisements. If the cost of mailing the evidence to the defendant exceeds € 25, the opponent will be responsible for paying the amount.

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.