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Action against infringement

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 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. 

An opposition must be lodged within a specific period of time. This two-month period starts from the publication of the trademark. For Benelux trademarks, you can find out whether it is still possible to lodge an opposition by looking at the bottom of the copy in the trademarks register. In that case, the opposition deadline will be posted.