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?
Can more than one opposition be filed against a single trademark?
More than one opposition may be filed against the same trademark. In this case, the BOIP can decide to handle one or more oppositions prior to the start of legal proceedings. This occurs if the initial investigation identifies an opposition that seems most likely to be awarded.
In that case, the other oppositions will be postponed for handling. The BOIP informs the other opponents of every relevant decision taken in further proceedings.
If the opposition that was taken up is deemed well-founded and the decision is definitive, the postponed oppositions are considered to have lost their legal ground. Consequently, these will be terminated and part of the costs will be reimbursed.
If the opposition that was taken up is deemed unfounded, the next opposition will be handled. If this opposition is deemed well-founded, the remaining postponed oppositions are considered to have lost their legal ground. If unfounded, the next opposition will be taken up in such cases.