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?
-
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?
-
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?
-
- 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?
What is an opposition?
The opposition procedure is a straightforward and relatively inexpensive manner of opposing the registration of a more recent trademark on the basis of your own trademark rights. This way, you can solve your trademark conflict without court intervention.
The opposition must be lodged within the opposition term.
The party who files the opposition is the opponent; the party against which the opposition is filed is the defendant.
The legal basis for the opposition is laid down by law: opposition can be filed against a more recent trademark in the following cases:
a) identical trademarks filed for the same goods or services
b) identical or similar trademarks filed for the same or similar goods or services, where there exists a likelihood of confusion on the part of the public
c) if the newer trademark can cause confusion with a well-known trademark within the meaning of Article 6b of the Paris Convention.