- Belgium Trademark Registration & Search - Bonamark
- Trademark Registration - 10 FAQs on EU and Benelux
- Trademark Registration & Protection Lawyers in Belgium
Before filing the application, the applicant can search (free of charge) in the trademark register for all trademark applications and registrations that are valid in the Benelux territory. The applicant can thus check whether a mark is available. However, as this search is limited, it is advisable to conduct (with the assistance of a law firm or trademark agent) a complete search of prior registrations for signs that are identical or similar to the sign that the applicant seeks to register.
Belgium Trademark Registration & Search - Bonamark
A collective mark is a mark used by members of an association. The association is the owner of the collective mark and the mark is used to show that the products or services bearing it are provided by a member of the association. Typically, it is the type of trademark that associations of producers use &ndash for example, a group of farmers from a particular region. A collective mark may serve as an indicator of geographical origin.
Trademark Registration - 10 FAQs on EU and Benelux
Benelux is a “first-to-file” jurisdiction, which means it is necessary to register a trademark to obtain rights over it. However, in exceptional cases, well-known trademarks can be protected even if they have not been filed yet.
Trademark Registration & Protection Lawyers in Belgium
Does use of a trademark or service mark have to be claimed before registration is granted or issued? Does proof of use have to be submitted? Are foreign registrations granted any rights of priority? If registration is granted without use, is there a time by which use must begin either to maintain the registration or to defeat a third-party challenge on grounds of non-use?
What procedure does the trademark office follow when determining whether to grant a registration? Are applications examined for potential conflicts with other trademarks? Are letters of consent accepted to overcome an objection based on a third-party mark? May applicants respond to rejections by the trademark office?
Yes. Benelux is covered by the European Union Trade Mark (formerly Community Trademark). Multinational registration is effective in Benelux.
By registering your trademark, you obtain the exclusive right to use the trademark for the goods or services that you selected at the time of trademark application. This protection applies to the entire Benelux (in case of a Benelux trademark) or the entire EU (in case of an EU trademark), and for a period of ten years. After that, the registration is renewable for additional periods of ten years.
A trade name offers a more limited protection than a trademark. For example, a trade name is limited to the region where you actually trade under the name. With trade names, there is no automatic protection for the entire Benelux.
What documentation is needed to file a trademark application? What rules govern the representation of the mark in the application? Is electronic filing available? Are trademark searches available or required before filing? If so, what procedures and fees apply?
Much depends on how you use the brand in practice. For example: if you use your trademark both as a pure logo, and as a logo with word elements (. a name or a slogan), it is best to opt for separate trademark registrations.
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