Protection and maintenance

Trademark and design registrations require maintenance. It is important that we always have your latest contact details. It can also be important that you timely extend the storage period of an i-DEPOT.

What do you want to maintain?

I want to maintain a:

Unlike trademarks, registered designs do not have to be used in order to be maintained. Of course, the design registration must be renewed on time.

Modifications

  • You can submit a change of name and/or address via My BOIP.
  • Some changes are free of charge. We charge a fee for others. View the Fees
  • For some changes, supporting documents must be submitted via My BOIP or using the contact form.

Would you like to change something in your international design registration or application? Please consult the International Design Registration page.

BOIP checks modifications before they are entered in the Designs Register (including verification of the supporting documents, in case of a name change or transfer for instance). You must submit the modification request via My BOIP or by using the contact form. Once we have received payment, if applicable, and have authorised the modification, the modified data will appear in the Register upon publication.

What cannot be modified?

  • The design itself can never be modified;
  • Modifications can only be made to design registrations, not to applications.

How do I submit modifications?

The table below sets out how to submit different types of modification.

Download Explanatory notes on modifications formSubmit completed modifications form

    Possible modifications

    Free of charge

    Do it yourself or request via My BOIP

    Request using form

    Must first be checked by BOIP

    Change of e-mail and account details

    X

     To My BOIP

     

     

    Name and/or address change in the Register data

    X

    To My BOIP

     

     X

    Change of authorised representative in application phase

     

    Download Modifications form

    X

    Change of authorized representative after registration

        Download Modifications form X

    Change of correspondence address (not the postal address)

    X   Download Modifications form  

    Transfer of a design

     

     

    Download Modifications form

    X

    Notification of a licence, right of pledge or attachment

     

     

    Download Modifications form

    X

    Cancellation of a licence, right of pledge or attachment

    X   Download Modifications form X

    Withdrawal of a design application

     

     

    Download Modifications form

    X

    Cancellation of a design registration

     X

     

    Download Modifications form

     X

    Submit completed modifications form

    Renewal

    A design registration is valid for five years from the filing date and can be renewed for five-year periods, up to a maximum of 25 years in total. This is determined by law. There is a charge for design registration renewal. View the Fees

    How do I renew?

    It falls to you to renew your design registration on time. Six months before the expiry date, we will send a reminder to the address stated in the Designs Register, or to the correspondence address known to us. With this in mind, please notify us of any change of address in a timely fashion. No rights can be derived from a failure to receive this letter for any reason. Timely renewal of your registration is your responsibility alone.

    Renewal after the expiry date is subject to a surcharge.

    Renew design registration directly

    Addressing design infringement

    What can I do if my design is infringed?

    There are two possible scenarios:

    1. You have spotted registration of a conflicting (possibly infringing) design in the Benelux Designs Register;
    2. You have discovered a conflicting design on the internet or elsewhere and it does not appear in the Designs Register.

    In either case, you can initiate court proceedings based on your design registration. If the court finds that the design is infringing, it may place an injunction on use of the infringing design. In addition to petitioning for an injunction, you may apply inter alia for damages and the surrender of profits (in the case of deliberate infringement) and claim ownership of the infringing goods.

    Under the first scenario above, should a dispute arise over who is entitled to the design rights, the actual designer can lay claim to the application within five years of the registration being published (action for vindication). The actual designer can also claim that the application and the design rights are invalid on the same basis (revocation). There is no time bar to him invoking this right. Any action for vindication or revocation must be initiated before the courts. Any action for vindication must be recorded in the BOIP Designs Register, merely to note that a claim has been filed before the courts.

    IMPORTANT: check the email address in your account

    Read more