Intellectual property laws can vary widely from country to country. A trademark is a particular kind of intellectual property. It is different from a copyright or a patent.One should register the TM rights both in their home jurisdiction and in countries that are marketplaces for future activities.
If you are planning to start a business in Luxembourg, our blog post will provide you with a quick guide on how to register a brand, monitor it against infringement, and how to protect TM rights in the Benelux countries.
What can be registered as TM
TM registration in Luxembourg is regulated by the Benelux IP Office.
Anyone can apply for TM registration in Luxembourg, without restrictions. You can also register almost anything as a trademark, as long as it allows you to absolutely accurately identify your product from competitors' products.
There are 3 main types of trademarks: verbal, pictorial and combined, which, in turn, are divided into black and white and color. Looking ahead, it should be noted that, depending on the type and color scheme, the cost of registering trademarks can differ significantly.
There are also more modern types of brands that are gaining popularity - holography, 3D objects, sound combinations, video scenes, and fragrances. All these and other forms of TM can be registered in Luxembourg.
Register a certification mark in Luxembourg
Certification marks represent a material, a way of making goods, or other characteristics.
If the legislation does not require confirmation of compliance with regulatory documents, but you want to attract buyers and increase their confidence in the products, then manufacturers / sellers can receive a voluntary certificate. The stages of voluntary certification do not differ from the stages of mandatory certification. Sometimes voluntary certification is carried out for products that already have a declaration of conformity, because In the eyes of the consumer, a certificate is a more weighty and familiar document, and, moreover, of the established sample, but the declaration is printed in free form.
A collective TM in Luxembourg is used by members of an association (for example, a group of manufacturers of a specific product from a specific region). This type of mark can be easily registered if the group wishes so.
Famous foreign brands
Even if a brand is not registered specifically in one of the Benelux countries will be protected provided that it is known to the general public in a large area of the Benelux. The owner of this kind of brands can oppose registration and stop the use of a later similar trademark.
One can apply for TM registration in Luxembourg online, and it is preferably to do so as the applicant will pay less fee. This is how the authorities encourage electronic document management, especially during the coronavirus pandemic.
TM registration in Luxembourg can take significantly longer if someone disagrees with your application if the regulator temporarily suspends the registration process. It takes about 3 months on average the normal way.
A preliminary search for similar TMs of product or service that you offer will help to find all similar or identical brands. This will become a good basis for the correct development of your TM in order to further prevent possible refusal to register.
If you are planning to register a TM in Luxembourg, we suggest that you consult with IQ Decision UK specialists on the registration of TM in the Benelux countries. Experienced solicitors of our company will also provide legal assistance in case you need to resolve a dispute over TM in Luxembourg.