Benelux Office for Intellectual Property
Register your trademarks in just one day!
Benelux Office for Intellectual Property
Index
>BOIP
>How to register
>Procedures
>i-Depot
Benelux Office for Intellectual Property
The Benelux Economic Union
> 1958: Benelux Treaty signed by Belgium, the Netherlands
and Luxembourg
> Main purposes: - To promote the free movement of goods,
persons, services and capital
- To set up several regional cooperation
projects
Benelux Office for Intellectual Property
Benelux Trademarks & Designs legislation
>1962: Convention signed to harmonise trademark legislation
>1971: Uniform Benelux Trademarks Law enters into force
>1975: Uniform Benelux Designs Law enters into force
>2006: New Benelux Convention on Intellectual Property
Benelux Office for Intellectual Property
Benelux Office for Intellectual Property
> Only official registration office in Benelux
> Seat in The Hague
> Working languages: Dutch and French
> Employees from each of the 3 member countries:
70 Dutch
25 Belgian
3 Luxembourg
Benelux Office for Intellectual Property
Tasks of the Office
> Registering trademarks and designs
> Submitting ideas
> Administering and updating the register
> Informing businesses and the public: searches,
publications, seminars … NO ADVISORY TASK
> Offering service for the international system and
Community trademarks
Benelux Office for Intellectual Property
How to register?
>
Check the register at www.boip.int: Benelux, EU and international
trademarks
>
Complete the online application form
The pdf forms can be filled in with Acrobat Reader
Boip.online.int
>
Send the form to the Benelux Office for Intellectual Property
or the national offices in Brussels and Luxembourg
Benelux Office for Intellectual Property
Accelerated registration
>
Prompt registration
>
The accelerated registration procedure offers advantages for
applicants who seek international protection for their trademarks
>
After registration, refusal on absolute grounds and opposition are
possible
>
The BOIP offers faster services than any other similar office in the
world!
Benelux Office for Intellectual Property
Benelux Office for Intellectual Property
Benelux Office for Intellectual Property
Procedures
> Minimum requirements:
>
Name and address of the applicant
>
The trademark itself
>
The goods and/or services involved
>
Whether you are applying for an individual or a collective
trademark (if collective, you must include regulations of use and
control)
>
The fixed application fee must be paid within one month, for
prompt registration within one day.
Benelux Office for Intellectual Property
What is not a trademark?
Refusal on absolute grounds
>
No distinctive character, such as common indications or
descriptive signs: NEW ENERGY, HOLIDAY CHEQUE, THE ART OF
BANKING
>
The sign is misleading : UNOX ‘Chicken sauce’ (restriction)
>
The sign consists exclusively of the shape, which results from the
nature of the goods themselves, which is necessary to obtain a
technical result or which gives substantial value to the goods
Benelux Office for Intellectual Property
What is not a trademark?
Refusal on absolute grounds
>
The sign is contrary to public morality or public order
>
The sign comprises flags, heraldry or other emblems that are
registered in accordance with Article 6ter of the Paris Convention
Benelux Office for Intellectual Property
Opposition
> The Office cannot accept an application when an identical or
similar trademark has already been registered
> The owner of such a trademark can start an opposition procedure
within two months after publication of a new application
> This procedure includes a cooling-off period (amicable settlement),
exchange of written arguments through the Office, and a Decision
by the Office
Benelux Office for Intellectual Property
Whom do we communicate with?
> BMM Association of Trademark and Patent
Attorneys
> (International) IP organisations like OHIM, WIPO, … and IP
organisations in the Benelux
> Small and medium-sized enterprises
> Chambers of Commerce
> Universities and Colleges
Benelux Office for Intellectual Property
Means of communication
>
Brochures
>
Electronic Newsletter
>
Workshops
>
Information services
>
Exhibitions / Trade Fairs
Benelux Office for Intellectual Property
Designs
> Registration since 1975
> Three-dimensional or two dimensional
> Registration by forms ( online downloading) : simple design (one
product) or multiple design ( more products, different classes
possible, maximum 50 designs),costs less, for big collection
> No research by BOIP
> Registration in 2 months in case when file is complete
> Duration 5 years, maximum 25 years
Benelux Office for Intellectual Property
i-DEPOT
>Assigns a specific creation date to an idea
>The i-DEPOT has been available since 1999
>Originally by envelope, but online since November 2007
>Duration 5 years; unlimited extension
>1,252 i-DEPOTS sold in 2007 (40 online)
Benelux Office for Intellectual Property
Why an i-DEPOT?
> First step in the development of an invention or
technological know-how
> Before patent, trademark, design
> Secret weapon during negotiations (industrial espionage)
> Offers legal evidence
> To attract investment for the development of your invention
Benelux Office for Intellectual Property
Fees
> Basic fee for trademark registration in 3 classes: €240
> Basic fee for a simple design registration for 5 years: €108
> i-DEPOT (envelope) for 5 years: €45; for 10 years: €65
> i-DEPOT (online) for 5 years: €35
> Recording multiple ideas via a credit account: one-off rate
€350; 20 credits €100; 50 credits €225; 100 credits €400;
250 credits €875 ; 500 credits €1,250
> One i-DEPOT costs 1 credit (10MB)
Benelux Office for Intellectual Property
Any questions?