The number one agency responsible for registration of TMs in the Benelux is the BOIP. By applying for TM registration in the Kingdom of Belgium, registrants ensure protection of their TMs in Holland, Belgium & Luxembourg. Registering a collective TM in the Kingdom of Belgium or obtaining ownership of a certified Belgian TM is also possible.
Protecting Non-Registered & Famous Brands
A TM is assured protection if it enjoys widespread recognition & is well known to the general public. Pursuant to the PCPIP, using a non-registered but well-known TM prevents 3rd parties from registering similar TMs. Those who own reputable TMs can also count on TM protection in the Benelux Union & are entitled to object to any subsequent attempts to register or use similarly or identically looking TMs for services/products that are similar or dissimilar to the ones that are sold/offered under the already registered TMs.
Registering a TM in the Kingdom of Belgium: Cost
A fee of two hundred forty four euros is charged for a single class of products/services. An additional fee is charged for each subsequent class (twenty seven & eighty one euros for the 2nd & 3rd classes respectively).
Validity
Registration is valid for ten years; there’s also a possibility of renewing it for another ten years. Renewing registration of a TM in the Kingdom of Belgium is only possible after a registration fee is paid.
ADR
Using ADR for resolving disputes over TM & domain names in the Kingdom of Belgium is possible. Because ADR is less costly than regular litigation, it’s a much preferred way of settling TM disputes in Belgium.
Last Year’s Major Developments
Last year saw quite a few important amendments introduced to TM legislation:
- Reputable TMs’ owners can now object to registering new TMs in the Benelux Union if it’s detrimental to the character or reputation of established TMs;
- A procedure whereby TM registration in the Benelux Union can be cancelled was suggested;
- Appealing BOIP’s decisions is now possible with a court in the Benelux Union;
- Certification TMs were introduced.
Conclusion
And that wraps up our short review. Should you need an individual consultation on TM registration in Belgium or any assistance with protecting IP rights in Belgium, please do not hesitate to contact IQ Decision UK. Our company can also provide you with:
- Detailed consultations on the registration of international TMs in Belgium;
- Advice on registering a Belgian TM under a standard & accelerated procedure;
- Consultation on legislation governing registration of TMs in the Benelux.
