Benelux Office for Intellectual Property

Register your trademarks in just one day!

Bruno VanderschootInformation & PromotionBvanderschoot@boip.int

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?