The opposition procedure is a fast and easy administrative procedure that offers the holder of an earlier trademark the opportunity to object to the registration of a more recent trademark that conflicting with its own. The opposition procedure is a way of resolving trademark disputes at an early stage and is relatively inexpensive.
The basis for opposition is provided in Article 2.14 of the Benelux Convention on Intellectual Property (BCIP). For an overview of the other relevant legal provisions in the BCIP and the Implementing Regulations (IR), please consult the Guidelines for Opposition Proceedings.
Please also consult the Guidelines for Opposition Proceedings for detailed information on how opposition proceedings are conducted by BOIP. The Guidelines are subordinate to the provisions of the BCIP, the IR and the Rules issued by the Director-General.
File an opposition
Oppositions can be filed directly online with BOIP. More information on the practical aspects of filing, such as the deadline, minimum requirements, languages of the proceedings, and the costs can be found here.
Would you rather not file online? Please fill out the paper form.
Are you looking for information on conduct of the opposition procedure, such as the cooling off period, the submission of arguments, suspension or proof of use?
Consult the latest opposition decisions.
Appeals against opposition
Interested in the most recent appeals cases in the field of trademark law?
Relevant legal provisions
The basis for opposition is set out in article 2.14, in conjunction with article 2.2ter, of the Benelux Convention on Intellectual Property (BCIP).
The relevant legal provisions can be found in the BCIP and the Implementing Regulations (IR).