Trademarks
A trademark allows entrepreneurs to distinguish their products or services from other products and services. Trademark law protects names of products or services. It also protects a logo or the shape or packaging of a product. Entrepreneurs must register their trademark if they want to protect it.
Trademarks by law
Trademark law always applies to a specific country. In the Netherlands this is described in the Benelux Convention on Intellectual Property (Dutch only). This treaty regulates trademark (and design) law for the entire Benelux.
Article 2.1 explains what signs can constitute a trademark. A trademark can consist of all kinds of signs, such as words (including personal names), drawings, letters, numbers, colors, shapes of products or their packaging and sounds. The condition is that:
- they distinguish a company's products or services from those of other companies, and
- they are recorded in the register in such a way that it is clear what protection the owner receives.
Article 2.2 indicates that the right to a trademark arises through registration in the Benelux territory or through an international registration that is also valid in the Benelux.
Article 2.9 provides that a Benelux trademark is valid for 10 years from the application date.
The European Union Trademark Reform entered into force on March 23, 2016. It regulates trademark registration valid throughout the European Union.
Trademark application roadmap
- Before registration, check whether your trademark already exists
- Check your trademark in the BOIP Trademark Register;
- Check the Dutch Chamber of Commerce;
- Search the internet carefully.
- Choose a distinctive brand
- Your brand should not be descriptive;
- Your brand must not be deceptive;
- Your brand must not consist of a commendation.
- Choose your products and/or services
- Only choose the products and/or services for which you will actually use the brand;
- After publishing your brand, you cannot add other products or services;
- Use the search function when choosing products and/or services.
- Apply for your trademark registration
- Create a BOIP account;
- Choose your module: Basic or Advanced
Costs of trademark registration
You register a trademark for specific products and services. Your trademark is protected only for the products and services you choose. They are divided into 45 'classes'. Each class contains many different words that describe products and services. These are called 'terms'.
The number of classes you choose determines how much you pay for your trademark registration:
- For 1 class, you pay €244;
- For 2nd class, you pay €27;
- For each additional class, you pay €81.
Watch the Benelux Office for Intellectual Property (BOIP) webinar (Dutch only) on how to select the right products and/or services and what to look out for.
Related information
- Benelux Office for Intellectual Property (BOIP)
The Benelux Office for Intellectual Property (BOIP) is the official body for the registration of trademarks and designs in the Benelux. - European Union Intellectual Property Office (EUIPO)
The European Union Intellectual Property Office (EUIPO) is the European Union (EU) agency responsible for managing EU trademarks (EUTMs), registered Community designs (RCDs), geographical indications (GIs) for craft and industrial products and European and international cooperation in the field of intellectual property (IP), as well as the European Observatory on Infringements of Intellectual Property Rights. - European Union Trademark ReformThis section contains general information only and is intended to raise awareness of the European Union Trademark Reform. The content is not legally binding.
- World Intellectual Property Organization
The World Intellectual Property Organisation (WIPO) is a United Nations agency that supports innovators and creators worldwide, ensuring that their ideas reach the market safely and contribute to a better life everywhere.