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?
- 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?
The step towards expansion
“Together with a girlfriend of mine I developed naturally produced cosmetics that are safe for people, animals and the environment. We started a small business and our products have become enormously popular. Our company now has outlets in a number of countries and the trademark has become a household name."
How do I register my trademark outside the Benelux territory?
Protection outside the Benelux territory
Registration at the Benelux Office for Intellectual Property (BOIP) is always automatically valid for all Benelux countries, i.e. Belgium, the Netherlands and Luxembourg. A Benelux registration will allow you to take action against the use or registration of your trademark or a confusingly similar sign within the Benelux territory. You can take action not only against subsequent Benelux trademarks, but also against all trademarks valid in the Benelux territory, i.e. including Community trademarks and International trademarks that are valid in the Benelux territory.
Protection outside the Benelux territory is also a possibility, and is advisable if you plan to sell your products and services in non-Benelux countries. There are various options available for protection outside the Benelux territory, which all have their own advantages and disadvantages. Which particular system you choose will depend on numerous factors, and effective protection relies on choosing the system that is most suited to your specific situation. As a rule of thumb, the protection should match the market in which you operate: it should neither be too limited nor too extensive. It is important to protect your trademark where you are using it and where protection is therefore necessary. Protection in a larger area can entail unnecessary risks, and can even cause you to lose your rights.
Choosing a protection system is therefore an important step in the overall process. Before you do so, it is advisable to gather plenty of information first. The table below outlines the most important features of the various systems. Click on one of the various trademark types for more information.
| National trademark |
The trademark will be registered in a particular country by the competent body. This can be a sensible option particularly if you only operate in one or a few non-Benelux countries. However, the costs can increase considerably if you operate in a larger number of countries. |
| International trademark |
A single registration can provide protection in over 80 countries (of your choice). If you operate in a range of countries, this option quickly becomes considerably cheaper than multiple individual national registrations. The advantage over the Community trademark is that there are fewer risks, because problems in one country only affect the protection in that country. International trademarks are filed at the office in the country of origin (i.e. in your case, usually at the BOIP). |
| Community trademark |
A single application can provide protection in all countries of the European Union. This may be an appealing option if you operate in the EU (or a large part thereof). However, an 'all or nothing' principle applies, and obtaining. Besides, the registration process, maintaining and enforcing the rights can entail some risks. Community trademarks are registered at the OHIM (Alicante, Spain). |
| Community trademark via International application |
A Community trademark can be ‘built into’ an International registration. In this way you can obtain protection both in the whole of the EU as well as in non-EU countries (over 80 in total). An additional benefit is that the risks associated with the ‘all or nothing’ principle of the Community trademark are reduced. International trademarks are registered at the office in the country of origin (i.e. in your case, usually the BOIP). |
A short outline of the options can also be found in our brochure "Trademark protection outside the Benelux territory". This brochure is available in Dutch and French.
For more information, please contact our Information Centre.