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?
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What is the deadline?
- What is an opposition?
- Who can file an opposition?
- How can I file an opposition?
- What kinds of products and services may I file an opposition against?
- On which goods and services do I base my opposition?
- Which language should I use in legal proceedings?
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What does the opposition procedure entail?
- What are the consequences of the opposition?
- Can more than one opposition be filed against a single trademark?
- How can an opposition be terminated?
- Can the opposition proceedings be suspended?
- Which opposition decisions have already been taken?
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- 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?
Acting against improper use
“A good brand name and an attractive logo are symbols of the service provided by a company. Your trademark makes it clear what you stand for. Registering your marks reinforces your competitive position because then you can take action against improper use of a trademark. ”
I have a conflict; do I have to lodge an opposition?
Upon discovering a conflicting trademark, you can either lodge an opposition procedure with the BOIP, or to lodge an action before the courts. Your registration is a powerful weapon in this battle.
The opposition procedure allows you to oppose the registration of a more recent trademark and solve a trademark conflict without court intervention. You must lodge the opposition within the opposition term.
You can also ask the court to ban the use of the infringing trademark, if necessary with confiscation of goods, damages, and even payment of profits (in case of wilful infringement). Deliberate forgery or putting counterfeit marks or brand products on the market is punishable by law.