Protecting you intellectual property is important. What do you want to register?
Step 1: Select a distinctive trademark
A trademark must be distinctive. Otherwise, we will have to refuse your application. This implies that we will not register your trademark in the Benelux Trademarks Register. Your trademark will not be protected, and your fees will not be refunded.
What do we mean by a 'distinctive trademark'?
Some tips:
- Not literal
Your tradename or logo must not literal describe or depict your goods or services. Unacceptable: Biomild for yoghurt with a mild flavour. Acceptable: Mona for yoghurt. - Not misleading
Example: an image of a coffee bean is misleading for a tea product. - Future-proof
Avoid using vogue words that may be descriptive and non-distinctive for your goods and services in the near future - No promotion
The trademark must amount to more than a value judgment alone. Unacceptable: the best, the tastiest.
Doubts about whether your trademark is distinctive?
If so, seek the advice of an external IP professional. BOIP is an independent body and is therefore not allowed to advise you.
Step 2: Choose the countries where you want to protect your trademark
In the Benelux
In the Benelux you can only register your trademark in Belgium, the Netherlands and Luxembourg. It is not possible to register your trademark separately in one of these countries. Do you want to register your trademark in the Benelux? If so, you can register your trademark with us online. BOIP is the registration body for trademarks in the Benelux. We administer the Benelux Trademarks Register and will be pleased to help you with the registration process.
Outside of the Benelux?
Do you also trade outside of the Benelux? There are various ways of registering your trademark outside of the Benelux. This can be arranged at once for the whole of the European Union or for one or more countries.
Need advice?
If so, seek the advice of an external IP professional. BOIP is an independent body and is therefore not allowed to advise you.
Step 3: Check whether your trademark already exists
Search in the Trademarks Register
The Benelux Trademarks Register contains all valid trademarks applied for and registered in the Benelux. Not only Benelux trademarks, but also EU trademarks and international trademarks that are valid in the Benelux.
If a trademark is not found in the Trademarks Register, that does not necessarily mean that it is available. You should also check, for example online, whether the trademark is already being used in a specific sector.
Need help?
If you prefer not to do this yourself, an external IP professional can also carry out a search for previous registrations for you. A fee is charged for this service.
Search tips
- Don't just search for the exact word, but also for variants on it. Rather than searching for Apple alone, search for Aple, Appel, and Pomme, for example. Trademarks that resemble yours may also present a danger.
- If you find a trademark that resembles yours, check which goods and services it has been registered for. A problem could arise if the trademarks resemble each other and the goods and services correspond.
- The trademarks Ajax FC, Ajax fire extinguishers and Ajax cleaning products can exist alongside each other without further ado because the trademarks are registered for goods and services that do not overlap.
- Do you also trade outside the Benelux? If so, we advise you to check via TMView whether your trademark is listed in the registers of other countries.
My trademark is not yet listed in the Trademarks Register
If you are sure that your trademark is distinctive and still available, you can apply to us to have it registered, or have an IP professional do so on your behalf.
My trademark is already listed in the Trademarks Register
Step 4: Apply for your trademark registration
You are nearly ready to apply for your trademark registration. You will need a My BOIP account for this. Creating an account is free and takes just a couple of minutes. Do you already have an account? If so, you can log in directly.
Need help?
Telephone
078 052 242 (from Belgium)
070 349 12 42 (from The Netherlands)
8002 5383 (from Luxembourg)
Contactform
Office
Do you wish to receive advice?
BOIP is an independent organisation. We are therefore not allowed to give you personal advice. An external IP professional can advise you on how best to protect your trademark or design. If required, the IP professional can process the entire registration procedure on your behalf.