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
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.
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
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
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 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
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
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.