Trademark registration belgium [Fact-Checked]

Last updated : Sept 17, 2022
Written by : Edmundo Owney
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Trademark registration belgium

How do I register a trademark in Belgium?

  1. Step 1: Select a distinctive trademark. A trademark must be distinctive.
  2. Step 2: Choose the countries where you want to protect your trademark. In the Benelux.
  3. Step 3: Check whether your trademark already exists. Search in the Trademarks Register.
  4. Step 4: Apply for your trademark registration.

How much does it cost to register a trademark in Europe?

The basic government fee for EU trademark is 850 EUR, but it covers 10 years and 28 countries. This comes down to 3.03 EUR per country per year.

Can I register a trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

How do I register a trademark in the EU?

You can fill in an online application form on the EUIPO website, or print the form and then fill it in. You must use one of the 23 official languages used in the EU . You must also indicate a different second language from the 5 official languages used at EUIPO . EUIPO will contact you if any information is missing.

How do I register a brand name?

  1. Register on the trademark office portal:
  2. Trademark search:
  3. Filing of trademark application:
  4. Examination of trademark application:
  5. Show Cause Hearing:
  6. Publication of Mark in Trademark Journal:
  7. Trademark registration & certification:

Are registered trademarks International?

No, a U.S. trademark registration will not protect your trademark in a foreign country. Trademarks are territorial and must be filed in each country where protection is sought.

How long does it take to register a trademark in EU?

The speed of EUTM registration depends on various factors such as the complexity of the trademark and potential oppositions from other trademark owners. Therefore registration time for a EUTM can be from 4 months to 2 years.

How long does trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

How much does it cost to trademark a name internationally?

You can file online for international trademark registration through TEAS for a filing fee of $100 per trademark class. Under a treaty called the Madrid Protocol, international trademark registration protects your mark in the 80 countries that are signatories, of which the U.S. is one.

Can I trademark my name?

You can trademark your name if it has business or commercial value. Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO).

Can I register a trademark without a company?

Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark.

Do I need to trademark my business name?

There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.

How long does EU trademark last?

How long is an EU trade mark valid? An EU trade mark registration lasts for 10 years but can be renewed indefinitely. More information on how to manage your EU trade mark.

How do I trademark a business name in Europe?

Applying for a trademark in the EU is a straightforward process, making it very appealing to register your trade mark. Instead of applying to all 28 member states directly, you can apply for a single trade mark to the EU's Intellectual Property Office (EUIPO). You can also file this application in just one language.

How can I protect my brand in Europe?

Two ways to register a trademark in the EU To register a trademark in the EU, you can choose between registering at the national level in an EU country or registering it as a “European Union trade mark” (EUTM) at the European Union Intellectual Property Office (EUIPO).

How do I trademark my logo?

How to Trademark a Logo. A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

How do I register a logo with my name?

  1. Step 1: Choose a unique logo.
  2. Step 2: Apply for your logo registration at the earliest.
  3. Step 3- Examination of trademark application.
  4. Step 4- Show Cause Hearing.
  5. Step 5-Publication of Mark in Trademark Journal.
  6. Trademark registration & certification.

How do I check if a brand name is available?

Log in to the official website of trademark registration in India: Click on the trademarks tab and then click on public search. There are 3 search criteria available – Wordmark, Vienna code, and Phonetic.

How do I trademark my business name internationally?

You can apply for international trademark protection by filing an MM2 form, which is available on the WIPO website. Then, you can submit a hard copy to the U.S. office. There are 113 countries that currently offer protection under the Madrid Agreement, including China, France, Italy, Australia and the European Union.

Can we register trademark online?

Trademark applications can be filed online by or a trademark agent or lawyer. A trademark registration application must contain the following information: Logo or the Trademark. Name and address of the trademark owner.

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Trademark registration belgium

Comment by Derrick Lavon

hi everybody trademark attorney Josh gurbin here and one of the biggest questions I get from clients is how do I register my trademark internationally and there are two ways to register your trademark internationally one is through the Madrid Protocol and the other is by hiring a local attorney in any individual country you would like rights and having that local attorney filing the application for you so the biggest myth we have to dispel is that there is a way to internationally register your trademark that's going to cover all the countries around the world each individual country is its own sovereign and requires its own trademark application so regardless of how you apply for your trademark on an international scale every individual country is going to review your application and approve it or refuse it based on their local register the one exception here is the European Union where there is one trademark called an European trademark that will cover all the EU countries so let's go back to the two ways that you can actually make these filings the first is through the Madrid Protocol the Madrid Protocol is a system that was created amongst a lot of different countries that said look we understand it's burdensome to go and have to hire a local attorney to file a trademark application in each individual country so we'll allow a standard application to be filled out by somebody and submitted without an attorney in the local country - as you know - any country that's a member of this treaty essentially and so what you can do is you file one application with an international organization called the World Intellectual Property Organization or WIPO and you check the box for each individual country that you would like rights then that application gets submitted to all those different countries for their own individual review and as those individual countries do their reviews they'll come back to you and they'll say up your trademarks granted here or note your trademarks refused here and if there's ever refusal of the trademark in a particular country then you have to go hire a local council to deal with the refusal in our experience and this is extraordinarily anecdotal and not scientific by any means but about 80% of the trademarks filed through the Madrid Protocol will just get accepted and then there's about 20% that won't so you you definitely have a lot of cost savings by filing through the Madrid Protocol because we don't have to hire as many local counsel but it's still not a silver bullet solution to just getting the trademark everywhere you want they're still going to be pushed back from certain countries and you're still going to have to go hire local councils sometimes to deal with that so one of the major drawbacks of using the Madrid Protocol is that you have to base that international application through the protocol on an application or registration in your home country so let's say you're a business in the United States and you filed your trademark in the US it'll take 8 to 10 months at minimum for the trademarks to go through the process here and get registered but at the same time you say you know what I want to file my trademark in China Australia the EU and I want to get these filings in now as well so let's say we file the application through the Madrid Protocol for China EU Australia and we've got the pending application here in the US if for some reason the US government denies your u.s. application and we cannot get it registered that then causes the refusal of all of those other applications we filed around the world so your Madrid Protocol application is highly dependent on your u.s. application registering and staying registered so because of this connection between your u.s. application and the foreign applications a lot of times it can be advantageous to just go in hire a local counsel in these countries to have them file the applications so that you're not tied to whatever happens in the US process so if we do a clearance search for our client we say we know your u.s. application is going to be a little risky we do not want that u.s. application being the basis of all these other international filings so in that case we'll go and we'll hire the attorney in Australia in China in the EU to make these filings individually it may be a little bit more expensive but now if something happens to the u.s. trademark we don't have to worry because these other jurisdictions they're just going to review the trademark on its own merits and it's not going to be tied to the US application now you may say well Josh that seems complicated have to go find an attorney in China we can trust your Australia that you and all these different places and that's true it's tough but that's why you know if you hire someone like myself or you hire another good trademark attorney we have relationships with these folks because we're constantly working in these jurisdictions so if somebody comes to me and says I need to file a trademark in Australia I have three or four people that I've worked with for years that I trust inherently that we can have file your application and do so at a really reasonable rate because we've vetted them and we have preferred rates sometimes with these local counsel so I hope you found this video helpful remember there is not one way to internationally register your trademark we have to go into each individual country with the exception of the EU and acquire rights and this can be done in two ways one through the Madrid Protocol and two through filing with local council in each individual country of course if you have any further questions about your trademark or your situation please feel free to drop me an email give me a call get in touch through LinkedIn however you prefer thank you so much and I'll talk to you soon you

Thanks for your comment Derrick Lavon, have a nice day.
- Edmundo Owney, Staff Member

Comment by sithulet

did you know that trademark protection solely for the country of Belgium Luxembourg or the Netherlands are unavailable the reason for this is that these countries are combined into a region known as Benelux and trademarks in this region are administered by the Benelux office of intellectual property boy successful trademark applications filed with VoIP will result in protection for the entire Benelux territory imbed luxan ownership of a trademark is acquired through registration and ownership is determined on a first-to-file basis marks are divided into word marks the name under which product or service is put on the market device marks logos labels and words in a specific font which are presented in a special layout shape marks in certain cases the three-dimensional shape of a product or packaging can be a mark color marks in exceptional cases a single color or combination of colors can be a mark this is the case when the public recognizes a certain product or service by its color sound marks advertising jingles are sometimes so well known that the public immediately recognizes what they refer to on hearing it trademarks must be distinctive capable of being represented graphically not descriptive not in shapes that result from the nature of the goods themselves or are necessary to obtain a technical result not immoral not consist of a flag or emblem protected under the Paris Convention and not deceive the public during the application voice will not check whether the mark violates any previously registered trademarks or whether there are related grounds for refusal an application for registration of a Benelux trademark can be filed in Dutch and French or English the addition of English makes Benelux a very entry stink choice for Anglophile wishing to file a trademark in the EU and a trademark application may be filed in multiple classes under the NYSE classification now you could always file in the UK proceedings to be in English however with brexit on the horizon this would not be an interesting option for those seeking access to the EU the exclusive right to a trademark comes into effect once boy has registered the application but before this the trademark application must be published on the boy preju stir for two months the term of protection of a Benelux trademark is 10 years and it is possible to renew the registration for consecutive 10 year periods six months before the ten year period expires the voice will notify the owner unlike Germany in Benelux the trademark applicant does not need to be represented by a local attorney only in address located within Benelux is required also while filing fees and Benelux are relatively cheap approximately two hundred and forty-eight euros filing for an opposition is very expensive approximately 1030 euro especially when compared to the European Union intellectual property opposition fee of approximately three hundred and twenty year old now you may be thinking why would I follow a boy when I can file instead with the European Union intellectual property offers the EU IPO well trademarks register report can oppose similar to u IPO trademarks with the later priority date and Benelux trademarks can only be opposed by other Benelux registered trademarks or EU IPO registered trademarks and not other EU local national trademarks which is providing extra protection for your mark also it's very difficult to cancel Benelux registered trademarks as this requires a full-blown court action with the local courts which is both costly and complicated as opposed to the EU IPO which has low-cost administrative proceedings for all cancellations in addition for proof of use embed elects minimum use is sufficient to prove use where the EU IP o requirements for proof of use are very elaborate and complicated lastly unlike the EU IPO which requires all non EU residents or EU domiciled companies to be represented by an EU attorney which of course is costly boid allows authorized agents to represent them foreign applicants for substantially lower costs if you would like more information on applying for a trademark in Benelux i suggest you go to the boyd website at WWDC Kanaks of applying for trademark registrations defending your marks opposing other conflicting Mart's dealing with office actions and many other intellectual property issues my name is Jonathan Morton and I am a licensed US attorney and a member of the trade markers Network don't forget to subscribe

Thanks sithulet your participation is very much appreciated
- Edmundo Owney

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