MEMO ON TRADEMARK REGISTRATION IN GERMANY
a. Name, address and nationality of applicant (if the applicant is a company, its legal form must be stated);
b. The country and filing date of the priority application,priority documents if the right of priority is claimed.
c. The trademark and indication of the type of trademark (e.g. word mark, device mark, combined word-device mark or shape mark);
d. The designated class/goods that the trademark is intended to cover, described and assigned to classes;
NOTE:
i. If your trademark is a color mark (a mark that only consists of one color or of a combination of colors): a description of the colors and the corresponding color codes;
ii. If you want to include distinguishing features: a clear description of the features in your application (this concerns elements that are not immediately apparent in an image, such as transparent parts);
iii. If you want to include distinguishing features: a clear description of the features in your application (this concerns elements that are not immediately apparent in an image, such as transparent parts);
II. GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE
The approximate time from application to registration (for a regular prosecution, without opposition) is 4 to 5 months, assuming that no Office Action is needed.
III. VALIDITY TERM
Trademark registration in the Benelux has a validity period of 10 years. It can be subsequently renewed every 10 years if the renewal request is submitted 6 months before the trademark expiration date. Trademarks need to be actively used to maintain their rights.
IV. PROCEDURE
1. Formal Examination
BOIP (Benelux Office for IP) checks whether an application meets the application requirements for trademark registration. If the application is compliant, BOIP assigns a filing date to it. BOIP then conducts a substantive check regarding classification. In other words, BOIP checks whether the products and services are described clearly and assigned to the correct class.
2. Publication
Provided the trademark meets the application requirements, once the substantive examination of the products and services to be trademarked has been completed, the application will be officially published in the Benelux Trademarks Register.
If the application is not compliant for any reason, it is needed to additional information. If BOIP does not receive the information or does not receive it on time, the application will be refused. In that case, the costs incurred will not be refunded.
Other owners (holders) of trademarks previously registered or requested for the same or similar products or services may lodge an objection (opposition) to your trademark application. They have two months to do, running from the date that your application is published.
3. Substantive Examination
Next, BOIP will check whether the trademark meets the legal requirements. If it does not, they are obliged to refuse your application in full or only for certain products and/or services. In the event of refusal of your application in full, the costs incurred in applying will not be refunded.
Applicant, however, object to BOIP’s refusal, in writing, within six months. BOIP will assess your objection. If the objection does not provide sufficient grounds to overturn the decision to refuse, a final decision to refuse the application will be issued. Applicant may appeal the final decision to one of the following courts of appeal: the Benelux Court of Justice.
4. Registration
If BOIP finds that the trademark meets the formal requirements and no opposition has been filed or the opposition has been rejected, the trademark will be registered and applicant will become the official owner (holder) of the trademark.
In case you require more information or require advice on trademark in Netherlands... as well as other IP matters, please do not hesitate to contact us via:
Email: info@lawfirmelite.com
Tel: (+84-24) 3 7373051
Fax: (+84-24) 3 7373056
