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Benelux Economic Union
Trademark opposition system
The Benelux Economic Union (Belgium, Netherlands, Luxembourg, abbreviated as Benelux) implements a unified trademark registration and protection system, and its trademark opposition procedure is centrally managed by the Benelux Intellectual Property Office (BOIP), which has the characteristics of efficiency and transparency.
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Trademark opposition acceptance agency
All trademark opposition cases are handled byBenelux Intellectual Property OfficeBenelux Office for Intellectual Property (BOIP) provides unified acceptance and review.
BOIPIt is the official management agency of the Benelux countries, responsible for trademark registration examination, announcement, objection handling, and dispute resolution.
Administrative finality: Those who are dissatisfied with the ruling on objections to BOIP must directly report toBenelux CourtThe Benelux Court of Justice has appealed, rather than the domestic courts of member states.
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Timing of Trademark Objection
Strictly follow the objection procedureObjection after announcementPrinciples with clear time limits:
1. Announcement period trigger:The trademark application that has been preliminarily reviewed and approved by BOIP will be submittedBenelux Trademark GazetteMake an announcement.
2. Objection Window:From the date of announcementwithin 2 monthsAny interested party may submit an objection application to BOIP.
3. Deadline is immutable:The 2-month period isAbsolute legal deadline,Cannot be postponed or restored.
4. Exception:For registered trademarks, claims can be made based on absolute reasons or malicious registrationInvalidation requestThis program has no time limit.
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Basis for Trademark Objection Application
Objections must be based on the domestic legal provisions translated from the Benelux Convention on Intellectual Property Rights and the EU Trademark Directive, and divided intoAbsolute reasonandRelative reasons：
（1） Absolute reason
Lack of distinctiveness in trademarks (generic names, descriptive marks, etc.);
Violating public order and good customs or being deceptive;
Include national symbols, international organization emblems, or official inspection marks (if not authorized);
The shape determined solely by the nature of the product, the shape required for technical effects, or the shape that endows the product with substantial value.
（2） Relative reasons
1. Conflict of prior trademark rights:
Similar or identical to trademarks registered/applied for in Benelux or the European Union, and with identical or similar goods/services, which may cause confusion;
The use of a trademark that is identical or similar to a trademark that enjoys reputation in Benelux or the European Union may damage or improperly exploit the distinctiveness or reputation of the trademark.
2. Other prior rights conflicts:
Copyright, industrial design rights, name rights, portrait rights;
Protected trade name rights (must be well-known within the territory of Benelux);
Geographical indications and place names of origin.
3. Proxy/representative registration:Unauthorized registration of trademarks by agents or representatives.
4. Malicious registration:Hoarding trademarks to hinder competitors.
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Trademark opposition process
The objection procedure of Benelux focuses on efficiency, mainly through written review. The specific process is as follows:
1. Submit objection:
The objector (who needs to entrust a local lawyer or a representative recognized by BOIP) shall submit it within 2 monthsElectronic objection applicationProvide reasons, legal basis, and evidence (such as trademark registration certificate, usage certificate, market research report, etc.).
Pay the official fee (2024 standard: a single category objection fee of € 1060, with an additional € 200 charged for each additional category).
2. Formal review:BOIP will review the application within 15 working days to determine if it meets the format requirements (any non-compliance may be corrected, but must be completed within the objection period).
3. Notify the objector:BOIP will forward the objection materials to the objector and request them to2 monthsSubmit the defense internally (can apply for an extension of one month).
4. Defense and rebuttal:
The objector shall submit a written defense and counter evidence;
BOIP will forward the defense materials to the objector, who can submit them at1 monthSubmit rebuttal opinions internally.
5. BOIP substantive review:
BOIP conducts a review based on written materials and may request both parties to provide additional evidence or explanations (to be completed within a specified deadline).
In principle, no oral hearing will be held (in special circumstances, it may be convened upon application, but it is rare).
6. Administrative ruling:
Objection established: Reject all or part of the registration application of the opposed trademark;
Objection not established: Approval of registration and issuance of registration certificate.
The ruling result will be delivered to both parties through electronic systems and written notifications.
7. Appeal Procedure:
Those who are dissatisfied with the BOIP ruling may appeal to the Benelux Court within 2 months of receiving the decision, and the court's judgment shall be final.
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Trademark opposition period
The overall efficiency of the Benelux objection procedure is higher than the EU average, but the time is affected by the complexity of the case
1. Administrative Stage (BOIP):
It usually takes 12-18 months from submitting objections to receiving a ruling;
If both parties cooperate quickly and have sufficient materials, the shortest time can be shortened to 8-10 months.
2. Appeal stage:
The process of appealing to the Benelux Court is relatively long, usually taking 18-24 months.
3. The impact of reconciliation:
According to statistics, about 20% of objection cases terminate the procedure in advance through settlement agreements (such as coexistence agreements, product restrictions), significantly saving time.
Key precautions
1. Mandatory proxy requirements:Non Benelux residents or businesses must entrust local lawyers or agents recognized by BOIP to submit objections.
2. Language rules:Objection materials must be in Dutch, French, or German (choose one), and evidence in languages other than these three must be accompanied by a certified translation.
3. Evidence submission strategy:
Proof of potential confusion requires market research reports, sales data, or advertising materials;
The accusation of malicious registration requires submission of batch registration records or business correspondence from the trademark applicant.
4. Linkage with EU trademarks:
If the dispute involves EU trademarks (EUTM), it is recommended to file an objection directly with the European Union Intellectual Property Office (EUIPO) (covering the entire EU); But for brands that only have a presence in Benelux, choosing the BOIP program is more cost-effective.
