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Registering a Trademark in the Netherlands

Registering a Trademark in the Netherlands

Updated on Wednesday 09th September 2015

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Business owners in the Netherlands may want to register their trademarks to increase the value of their company and benefit from international protection. Trademark registration in the Netherlands can be made either through the Benelux Office for Intellectual Property or through the World Intellectual property Organization.
 
 
Trademark registration methods in the Netherlands
 
 
The Netherlands is part of the Benelux countries (comprising Belgium, the Netherlands and Luxembourg) and trademark registration can be made only for the Benelux area (only available for the three countries). The Benelux Office for Intellectual Property (BOIP) deals with trademarks and designs registrations in the Benelux and it is based in The Hague, Netherlands.
 
An international trademark registration can be made at the World Intellectual Property Organization (WIPO). The international trademark registration is governed by the Madrid Agreement and The Madrid Protocol. The Madrid Union is composed of the States that took part in the Madrid Agreement and the Madrid Protocol. A total of 92 countries, including the Netherlands, benefit from the Madrid system for trademarks and service marks protection. An international trademark registration can prove more advantageous when compared to national registrations. Please contact us for more information in this matter. Our Dutch law firm will provide you with all the necessary information.
 
 
Trademark registration procedure in the Netherlands
 
 
When registering a Dutch trademark at the Benelux Office of Intellectual Property, individuals must file an application before the Benelux Office and wait for an examination that will determine the distinctiveness of the mark. After these formalities, the application is published in the Benelux Bulletin (available online) to check for oppositions. After the mark has been published, the oppositions (if any), can be filed within a period of two months. Trademark registration in the Benelux has a validity period of 10 years. It can be subsequently renewed for another 10 years.
 
The Madrid system of international trademark registration can be used by natural persons or legal entities. They must file an application for international registration. The application must contain an identical reproduction of the mark and a list of the goods and services that require protection. This registration remains valid for 10 years and it can be renewed further for periods of 10 years.
 
If you want to open a Dutch company, our law firm in the Netherlands can offer you more information about the intellectual property law
 
 
 

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