Trademark Law of Netherlands

Although Belgium, the Netherlands, and Luxembourg are all members of the Benelux group of nations, only the Benelux region can register trademarks.

Trademark registrations and design registrations in the Benelux are handled by the Benelux Office for Intellectual Property (BOIP).

The Benelux Office for Intellectual Property, the World Intellectual Property Organisation, the Madrid Agreement, and The Madrid Protocol are all options for Trademark registration in the Netherlands.

If you are a business owner in the Netherlands who wants to strengthen their brand or increase the value of their company and obtain trademark protection internationally, we will provide complete legal solutions with attorneys who specialize in the trademark laws that are governed by the Madrid Protocol and the Benelux Convention on Intellectual Property.

Madrid Agreement

When compared to national registrations, which are a part of the Madrid Union, international trademark registration is governed by the Madrid Agreement and The Madrid Protocol, which may prove more favorable. The Madrid system for the protection of trademarks and service marks benefits 92 nations, with the Netherlands being one of them.

If you require any assistance with this trademark registration in the Netherlands, please contact our legal advisor, who can provide you with full direction & support.

What Exactly is a Unique Trademark?

Investors must fulfill the following conditions in order to register a company's distinctive trademark in the Netherlands.

• There is no literal description of the good or service.

• No consumer deception was used to register a trademark in the Netherlands.

• Do not use the national emblem, official emblems, or military bearings.

• There is no indication of any protected commodities, plants, or geographical markers.

• A court has not found that the Netherlands' trademark registration laws have been broken.

• Neither a descriptive trademark nor a unique quality.

Trademark Categories in the Netherlands

Several different kinds of trademarks are available from the Benelux Office for Intellectual Property (BOIP):

• For trademark registration in the Netherlands, wordmarks are those marks that are used to identify certain commodities or products.

• Figurative marks are ones that have a figurative logo or label that include word elements but no text.

• While sound markers are used for recognizable jingles, color marks are based on specific colors or color combinations.

• Shape marks, on the other hand, are exclusively designed bottles or other product shapes that are not reproduced, but pattern marks are utilized for repetition in a pattern.

Process for Trademark Registration in the Netherlands

• Application for Trademark Registration

  Individuals who wish to register a Dutch trademark with the Benelux Office of Intellectual Property must first submit an application and then wait for an assessment to determine the mark's distinctiveness.

• Publish in Trademark Journal

  The next step after submitting a trademark application in the Netherlands is to publish the application in the online Benelux Bulletin to check for the opposition.

• Oppositions

  Oppositions may be filed within a two-month window; they are valid for 10 years and may be renewed for an additional 10 years.

• Trademark Registration Fees

  The following step is to submit formal trademark registration fees against the trademark registration application in the Netherlands. It is important to note that there are fees associated with both basic registrations and any additional revisions or renewals.

• Opposition and Hearing

  If a dispute develops over a trademark application that has been published in a trademark journal, it will be decided whether to use the mark or not after fact-finding investigations.

• Issue a Trademark Certificate

  If the petitioner is pleased, the Netherlands registrar will issue a trademark certificate to you, allowing you to start a Dutch company there and giving you a legal defense against lawsuits.