The short answer
A Benelux trademark is one registration for Belgium, the Netherlands and Luxembourg. It lasts 10 years from the filing date and is renewed for further 10-year periods. Pay the renewal fees in the 6 months before expiry, or in the 6 months after expiry with an additional fee. Anyone with an earlier right can oppose within 2 months of publication of the application. A mark that has not been put to genuine use within 5 years of registration faces limits and revocation.
Trademark deadlines in Benelux (Belgium, Netherlands and Luxembourg) at a glance
These rules come from the Benelux Convention on Intellectual Property (trademarks and designs), in the English text published by the BOIP and WIPO Lex (in force as amended on 1 March 2019). One registration at the BOIP covers all three countries. We re-check every deadline against the current text before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable for further periods of 10 years (Article 2.9(1) and (3)). |
| Which date does the term count from? | The filing date. A Benelux trademark is registered for 10 years with effect from the date of filing (Article 2.9(1)). |
| When can I renew? | Pay the renewal fees within the 6 months immediately before expiry. If you pay only for some goods or services, only those are renewed (Article 2.9(4)). |
| Is there a grace period? | Yes. The fees can be paid within a further 6 months after expiry, together with an additional fee (Article 2.9(4)). The BOIP sends a reminder 6 months before expiry, but not receiving it is no excuse (Article 2.9(5) and (6)). |
| Opposition period | 2 months following publication of the application, in writing at the BOIP, on relative grounds based on earlier rights. The opposition is not treated as filed until the fees are paid (Article 2.14). |
| Priority claim | Priority follows the Paris Convention, normally 6 months from the first filing. Claim it when you file. |
| Non-use | If the proprietor has not put the mark to genuine use in the Benelux territory within 5 years after the registration procedure is completed, or use is suspended for a continuous 5-year period, the mark is subject to the limits and sanctions in the Convention, including revocation, unless there are proper reasons for non-use (Articles 2.23bis and 2.27(2)). |
| Assignment | Record the transfer at the BOIP so the register shows the new owner. A claimant can only ask the court to protect a sign as a trademark if it can show the registration it has filed (Article 2.19). |
| One registration, three countries | A Benelux trademark gives rights in Belgium, the Netherlands and Luxembourg together. It cannot be filed or kept for just one of them. |
Who can register a trademark in Benelux (Belgium, Netherlands and Luxembourg)
Individuals and companies from any country can file a Benelux trademark with the BOIP or a national administration. The BOIP examines absolute grounds, publishes the application, and relative grounds are raised by opposition.
Representation. A Benelux trademark is filed with the BOIP or with the national administrations. Owners based outside the Benelux normally use an agent or the BOIP's online service, and we confirm the current requirements before filing.
Trademark registration process in Benelux (Belgium, Netherlands and Luxembourg)
Search
- Search the Benelux Office for Intellectual Property (BOIP) records for identical or similar marks in your classes.
File the application
- File with the Benelux Office for Intellectual Property (BOIP), with the BOIP or a national administration.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Registration and publication
- The BOIP registers the mark and publishes the application (Articles 2.8 and 2.14).
Opposition window
- Owners of earlier rights can oppose in writing within 2 months of publication, and the fees must be paid (Article 2.14).
Official fees are set by the Benelux Office for Intellectual Property (BOIP) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Benelux (Belgium, Netherlands and Luxembourg) trademark validity and renewal
- The term is 10 years from the filing date.
- Pay renewal fees in the 6 months before expiry.
- A further 6 months after expiry is allowed with an additional fee.
- The BOIP reminder is a courtesy, not a duty. We diarise the date.
- You can renew for only some goods or services by paying only for those.
Diarise the expiry date from the date stated on your certificate and renew early.
Assignment, licence and changes to a Benelux trademark
Assignment
Transfer of a mark
Record the transfer at the BOIP so the register shows the new owner.
Modification
Changing the sign
The sign cannot be modified during the registration or at renewal (Article 2.9(2)).
Partial renewal
Fewer goods or services
Renew only the goods or services for which fees are paid (Article 2.9(4)).
Name or address
Change of the owner's details
Record the change so the BOIP reminder and notices reach the right address.
Non-use and cancellation of a Benelux trademark
Under Articles 2.23bis and 2.27, a Benelux trademark is liable to revocation if no genuine use has been made within 5 years following completion of the registration procedure, or if use has been suspended for a continuous 5-year period, unless there are proper reasons. It can also be revoked if it became the common name in the trade, or became misleading through the owner's use.
Keep dated proof of use in Benelux (Belgium, Netherlands and Luxembourg): invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Benelux (Belgium, Netherlands and Luxembourg)
Search the BOIP register and check the filing, registration and expiry dates. The 2-month opposition period runs from the publication of the application.
Sources used
- Benelux Convention on Intellectual Property (trademarks and designs), English text (as amended in force 1 March 2019), WIPO Lex and BOIP: Articles 2.8, 2.9, 2.14, 2.19, 2.23bis and 2.27.
- Benelux Office for Intellectual Property (BOIP) for the register, fees and the implementing regulations.
Benelux (Belgium, Netherlands and Luxembourg) trademark FAQ
How long does a trademark last in Benelux (Belgium, Netherlands and Luxembourg), and from when?
10 years, renewable for further periods of 10 years (Article 2.9(1) and (3)). It counts from the date of filing (Article 2.9(1)).
When should I renew a Benelux trademark, and is there a grace period?
Pay the renewal fees within the 6 months immediately before expiry. If you pay only for some goods or services, only those are renewed (Article 2.9(4)).
What is the opposition period in Benelux (Belgium, Netherlands and Luxembourg)?
2 months following publication of the application, in writing at the BOIP, on relative grounds based on earlier rights. The opposition is not treated as filed until the fees are paid (Article 2.14).
How much does it cost to register a trademark in Benelux (Belgium, Netherlands and Luxembourg)?
The official fee is set by the Benelux Office for Intellectual Property (BOIP) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Benelux (Belgium, Netherlands and Luxembourg)?
Yes. A foreign company can file one Benelux trademark that covers Belgium, the Netherlands and Luxembourg. We confirm the current requirements before filing.
Can I assign a Benelux trademark?
Record the transfer at the BOIP so the register shows the new owner. A claimant can only ask the court to protect a sign as a trademark if it can show the registration it has filed (Article 2.19).
Can a Benelux trademark be cancelled for non-use?
If the proprietor has not put the mark to genuine use in the Benelux territory within 5 years after the registration procedure is completed, or use is suspended for a continuous 5-year period, the mark is subject to the limits and sanctions in the Convention, including revocation, unless there are proper reasons for non-use (Articles 2.23bis and 2.27(2)).
How can I check the status of a Benelux trademark?
Use the Benelux Office for Intellectual Property (BOIP) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority follows the Paris Convention, normally 6 months from the first filing. Claim it when you file.
How do I change the owner's name or address?
Record the change with the Benelux Office for Intellectual Property (BOIP) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Benelux (Belgium, Netherlands and Luxembourg)
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