Trademark in Netherlands
Registration of trademarks in the Netherlands
The Benelux countries, which also include Belgium, the Netherlands, and Luxembourg, include the Netherlands, and only the Benelux region is eligible for trademark registration (only available for the three countries). The Benelux Office for Intellectual Property (BOIP), which has its headquarters in The Hague, Netherlands, registers trademarks and designs throughout the Benelux.
The World Intellectual Property Organization accepts foreign trademark registrations (WIPO). The Madrid Agreement and the Madrid Protocol set the rules for international trademark registration. States that participated in the Madrid Agreement and Madrid Protocol make up the Madrid Union. The Madrid system for the protection of trademarks and service marks is utilized by 92 nations, including the Netherlands. When compared to national registrations, an international trademark registration may be more advantageous. For further details on this subject, kindly get in touch with us. You'll get all the information you need from our Dutch law practice. In the section below, we address a few frequently asked queries regarding trademarks and the registration procedure in general. Please feel free to read our brief guide and get in touch with us if you require help at any point.
The majority of Dutch-incorporated businesses must also register for VAT in the country. For these purposes, there is no mandatory registration threshold, therefore any businesses that engage in VAT-taxable activities must register with the Tax and Customs Administration. This can happen to new businesses as soon as they are incorporated. You can get additional information from our team.
What exactly is a unique trademark?
Investors must first choose a distinctive trademark for their business in order to pursue trademark registration in the Netherlands. What exactly does this mean and what should one avoid? We provide some general principles that can help make the uniqueness debate more understandable below-
- Description- Trademark cannot be a word or symbol that literally describes the particular product or services offered. For instance flour, milk, flower, are the terms that cannot be trademarked.
- Misleading- The trademark is not allowed to deceive the public, such as by using one symbol or word to describe another or a different category of goods (an image of chocolate is misleading for a nutritive supplement);
- Emblem- The trademark cannot include flags or official emblems. For example, "milk" cannot be the trade name or logo for a company that produces and bottles milk.
- Protected items- If the sign is the same as a protected geographical indicator, a protected denomination for a plant, or a protected traditional name for specific goods like wine, it cannot be registered as a trademark. A trademark's registration is void if it is determined to be improper (due to the reasons listed above or other legal requirements). Entrepreneurs should be aware that two rules generally govern trademark registration in the Netherlands: the trademark shouldn't be descriptive and it shouldn't lack distinctive character. Upon request, our attorneys will provide more information about these crucial grounds.
What kinds of trademarks are there?
Various types of trademarks exist, according to the Benelux Office for Intellectual Property (BOIP)-
- Word marks- Word marks, or names by which some items or products are advertised, are based on words;
- Figurative mark- this is a mark that is entirely figurative, such as a logo or label without any text or one that incorporates words but is protected for the entire mark as a whole (the words are not registered separately);
- Colour and sound marks- As the names implies, they are based on colours (or colour combinations) or sounds (such as a recognizable jingle);
- A pattern mark- It is a group of components that are repeated repeatedly;
- Shape mark- A product's packaging, such as the distinctively shaped perfume bottles, can serve as a mark;
- Additional marks- They include hologram marks, position and motion marks, and multimedia marks, which combine sound and image. All of these options give customers who are interested in trademark registration in the Netherlands the chance to specifically identify the components or mixtures that will be distinctive to their company. Additionally, marks might be either singular or plural. The majority of trademarks come into the first category since they are used by a single firm to distinguish their goods from those of other companies. Trademarks can also be collective and used by the participants in an association.
What is the usual process for registering a trademark in the Netherlands?
Individuals must submit an application to the Benelux Office of Intellectual Property in order to register a Dutch trademark there and then wait for an examination to determine the mark's uniqueness. Following these processes, the application is posted online for objection in the Benelux Bulletin. If there are any oppositions, they must be lodged within two months after the mark's publication. In the Benelux, a trademark registration is valid for ten years. It can then be extended for an additional ten years.
Both natural individuals and legal companies are able to register trademarks internationally under the Madrid system. They have to submit an application for global registration. A list of the goods and services that need to be protected as well as an exact replica of the mark must be included in the application. This registration is valid for 10 years and may be extended once more for further 10-year periods.
Entrepreneurs interested in registering a trademark in the Netherlands should be aware that there are a variety of expenses associated with basic registrations, as well as any additional revisions or renewals. The following are a few of these-
- 244 euros for the Benelux 10-year trademark application registration;
- 440 euros for the accelerated Benelux 10-year trademark registration; and
- 263 euros for the 10-year trademark registration renewal cost. The aforementioned figures represent the initial costs for each of the aforementioned actions. The costs do not include VAT. The following additional costs for trademark registration in the Netherlands may apply-
- 20€: for typing error corrections after registration, for the first trademark; a 10€ cost is charged for each additional trademark;
- 24€: for modifying the appointment of a representative for the first trademark (12€ for the second to the fifth trademark);
- 263€: the BOIP renewal cost for a single trademark (an online process that includes one class). Fees are often charged for opposing a trademark (lodging an objection). The charge for each opposition is 1,045 euros, and there may be other fees (such as the translation of the arguments for the opposition). At the time this article was published, these fees were still in effect.
FAQ
A trademark in the Netherlands costs how much?
The costs for the Benelux 10-year trademark registration are 244 euros for the application, 440 euros for the fast registration, and 263 euros for the 10-year renewal.
Which three trademarks are most popular?
Some of the most well-known and well-known trademarks are Google and Walmart.
- Vodafone. Rolex.
- Clorox.
- Kodak.
- Victoria Secret.
- Exxon.
Is registering a trademark worthwhile?
A trademark registration has various benefits: Your trademark will be protected across the country. Your trademark usage and date of use are publicly recorded in the USPTO's database as a result of your trademark ownership.
How much does it cost to register a trademark?
A business name can be trademarked for as little as $225 to $600 per trademark class. The fee for submitting your trademark application to the USPTO is this. Through the Trademark Electronic Application System of the USPTO, online registration is the quickest and least expensive option for trademark registration (TEAS).
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