Trademark registration in Belgium can provide important advantages to entrepreneurs running a business here. Our team can help you register your trademark with the Belgian authorities.
| Quick Facts | |
|---|---|
| Types of marks available for trademark registration in Belgium | Word mark, colour mark, shape mark, multimedia mark, hologram mark, motion or position mark |
|
Multiple class application |
Yes |
|
Pre-application trademark availability verification |
Yes |
| Language of the trademark application |
Dutch, French or English for trademark registration in Belgium with the BOIP |
| Minimum filing requirements in Belgium | The applicant's identification details and address, the legal form of the company, the trademark class and the types of goods or services it will serve, trademark representation |
| Mandatory trademark representation |
Yes |
| Trademark registration fee in Belgium |
From € 244 for a Belgium trademark registration with the Benelux Intellectual Property Office |
| Time to complete the trademark registration (approx.) | 3 months |
| Trademark application through local representative | Yes |
| Power of attorney requirements | Yes, the power of attorney is used when the application is submitted on behalf of another party |
| Opposition period | 2 months |
| Trademark validity | 10 years |
| Trademark renewal conditions | The request for renewal must be submitted in due time |
| Conditions to revoke the trademark | Trademark is unused |
| Assistance for trademark registration in Belgium | Complete assistance form our team of lawyers in Belgium |
| Reasons for trademark registration in Belgium |
– legal protection, – exclusive rights, – asset value, – offers brand recognition, etc. |
|
Restrictions on registering trademarks |
If the mark is: – too descriptive, – not distinctive, – is misleading, – is contrary to public order or morality, – contains flags/official emblems |
|
Government body regulating trademark protection |
Benelux Office for Intellectual Property (BOIP) |
| Guidelines for distinctive trademarks |
The trademark must be: – non-descriptive, – non-misleading, – non-commendatory |
| Trademark infringement |
When the trademark is used by a third party without authorization. Contact our lawyers to solve trademark infringement cases. |
| Process of registering a trademark |
– research available trademarks, – select trademark type, – select class of goods and services, – file trademark application |
| Publication of trademarks |
In the Benelux Trademark Register |
| Nice Classification system used (YES/NO) |
|
| European registration |
It is possible by registering with the European Union Intellectual Property Office (EUIPO) |
| International trademark protection (YES/NO) |
YES, through the Madrid System |
| Who can own a trademark |
– legal entities, – trusts, – estates, – sole proprietorships, – individuals |
| Checking available trademarks |
We can help with checking the available trademarks. |
| Priority registration (YES/NO) |
YES, contact our attorneys for assistance. |
| Grace period after trademark expires |
6 months |
| Additional services provided by our law firm in Belgium |
– company formation, – accounting, – real estate matters, – debt collection, etc. |
Table of Contents
What types of trademarks can I register in Belgium?
Our Belgian lawyers list the main types of trademarks available for registration:
- Words: a word mark is a common form, and this is the distinctive name under which a certain product is marketed;
- Logos: these are figurative marks, and they can either be simple ones (logos or labels) or more complex ones that also contain words;
- Colors and sounds: companies can register a certain color or a combination thereof if they are essential for recognizing that company; the same can apply for sounds, most notably jingles;
- Others: businesses can also register a certain shape (for a recipient, for example) as well as a pattern composed of a set of elements that is part of the company’s identity; other types of marks can be motion marks, hologram or multimedia marks; our attorneys in Belgium can help you with more details.
Another important issue to keep in mind if interested in trademark registration in Belgium is that trademarks can be individual or collective. The first category is used only by the company that owns it (and most trademarks fall under this category), while the second can be used by the members of an association.
Where do I register trademarks in Belgium?
With the Benelux Office for Intellectual Property (BOIP).
Where are Belgium-registered trademarks protected?
Individuals who want to protect their trademarks in Belgium need to register their chosen trademark in the Benelux. This gives the owner protection for his or her trademark within the Benelux countries (Belgium, Luxembourg and the Netherlands).
For protection outside the Benelux, entrepreneurs can register their trademarks in the European Union. The Community trademark offers protection within the entire European Union, and only one registration is required.
Belgium is a member of the World Intellectual Property Organization.
What steps must I follow for trademark registration in Belgium?
Our team highlights the following important stages:
- Check that the desired trademark is available for use. This can be done with the BOIP Trademarks Register and, additionally, via an extended search online;
- Make sure that your chosen trademark complies with the rules. It must not be descriptive, it cannot be misleading and it cannot be a formal praise (i.e., “the best”);
- Choose the classes that your trademark will cover (products and/or services). This is an important step because you cannot add other products/services once the trademark is published;
- Submit the actual application with the BOIP.
What is the general trademark registration timeline?
The following process starts once you submit your application to register a trademark in Belgium:
Receipt of application → Formal requirements check → Application publication (and the start of the opposition period) → Final check to see if the application is in good order → Trademark registration.
If an opposition is filed within the prescribed period, additional steps take place between the fourth and fifth steps (see below for details).
fourth and fifth steps (see below for details).
How long does it take to register a trademark in Belgium?
The registration process can take 3 months.
Can I expedite the process?
While an accelerated registration option is made available by the BOIP, it will not, in fact, guarantee that the process is finalized faster than the 3-month period.
The accelerated application means that, if your submission is compliant, your trademark will be registered directly in the BOIP Trademarks Register. This simply means that the examination and opposition take place after its registration, not before. The trademark can still be opposed and, as a result, the process invalidated should the opposition be successful.
Can a trademark be opposed?
During a period of two months following the publication of the trademark application in Belgium, applicants or holders of earlier trademarks have the opportunity to file an opposition.
If there are no successful oppositions or if the oppositions are resolved in favor of the applicant, the trademark is registered in Belgium in the Benelux register. The registration is then published in the Benelux Trademarks Journal.
How long is trademark registration valid for?
Trademark registration with BOIP is valid for ten years from the application filing date. The registration can be renewed for ten-year periods indefinitely.
How can I renew my trademark in Belgium?
To renew your trademark, you must submit an application to the BOIP using the trademark registration number.
You can submit the renewal application six months before the expiry date of your initial trademark registration.
It is also possible to submit the renewal request up to six months after its expiry date (subject to a surcharge).
What fees must I pay to register a trademark in Belgium?
Some of the common application fees for trademark registration in Belgium are listed below:
- From EUR 244: the application fee for Benelux trademark registration (valid for 10 years);
- From EUR 440: the accelerated application fee for the 10-year Benelux trademark protection;
- From EUR 263: the renewal fee for another ten-year period;
- EUR 135: the supplemental fee for trademark renewal when this is applied for six months after the expiry date.
- The trademark renewal fee for one class (individual trademark) is EUR 263;
All of the aforementioned fees are VAT-exempt, and they can be subject to change.
Please contact our attorneys in Belgium for more details about trademark registration in Belgium.