Trademarks—Netherlands—Q&A guide
Trademarks—Netherlands—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Trademarks—Netherlands—Q&A guide
  • 1. What is the primary legislation governing trademarks in your jurisdiction?
  • 2. Which international trademark agreements has your jurisdiction signed?
  • 3. Which government bodies regulate trademark law?
  • 4. Who may apply for registration?
  • 5. What may and may not be protected and registered as a trademark?
  • 6. Can trademark rights be established without registration?
  • 7. Is a famous foreign trademark afforded protection even if not used domestically? If so, must the foreign trademark be famous domestically? What proof is required? What protection is provided?
  • 8. What are the benefits of registration?
  • 9. What documentation is needed to file a trademark application? What rules govern the representation of the mark in the application? Is electronic filing available? Are trademark searches available or required before filing? If so, what procedures and fees apply?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to trademarks in Netherlands published as part of the Lexology Getting the Deal Through series by Law Business Research (published: July 2020).

Authors: Lydian—Annick Mottet Haugaard; Olivia Santantonio

1. What is the primary legislation governing trademarks in your jurisdiction?

The registration of Benelux trademarks is governed by:

  1. the Benelux Convention on Intellectual Property (trademarks and designs) of 25 February 2005 (as last amended by the Protocol of 11 December 2017, which entered into force on 1 March 2019); and

  2. the Implementing Regulation under the Benelux Convention on Intellectual Property (trademarks and designs).

Trademark protection solely for the territory of Belgium, Luxembourg or the Netherlands is unavailable; successful trademark applications filed with the Benelux Office for Intellectual Property (BOIP) will result in protection for the entire Benelux territory. The advantage of such a system is that registrants automatically enjoy protection in at least three countries, although the risk of facing an opposition may be higher.

2. Which international trademark agreements has your jurisdiction signed?

The following international trademark agreements, conventions, regulations and directives apply in Belgium, Luxembourg and the Netherlands:

  1. the Paris Convention for the Protection of Industrial Property;

  2. the Madrid Agreement Concerning the International Registration of Marks;

  3. the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks;

  4. the Trademark Law Treaty;

  5. the Agreement on Trade-related Aspects of Intellectual Property

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