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If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. Another way to prevent getting this page in the future is to use Privacy Pass. Our Country Index Newsletter brings you the latest amendments to international trademarks laws every two weeks! More than 8,000 IP professionals worldwide have already subscribed. Use Requirements Guide, Licensing Guide, Grace Periods for Renewal Guide etc.
Wish to search various countries or classes and benefit from all functions of TMZOOM? The trademark has not been genuinely used during the last 5 years since it has been registered. The trademark is not inherently registrable. The trademark is confusingly similar to a prior registered mark. BOIP’s official fee for filing a cancellation procedure is EUR 1,400.
In case the trademark proprietor does not defend himself against the cancellation action or if he loses the procedure and no appeal has been filed, half of the official fees will be reimbursed. Also, more than one ground can be combined in the Benelux cancellation procedure, e. 5 years and is not inherently registrable. Until now appeals from decisions of the BOIP in opposition cases were brought before the courts of appeal of The Hague, Brussels or Luxembourg which could result in different outcomes.
This Court established a new chamber consisting of judges from national courts of the Member States of the Benelux. It is expected that change will result in a more consistent and harmonious case law. With regard to opposition proceedings, the BCIP will also allow holders of well known trademarks to oppose to the registration of younger marks. Currently, opposition can only be based on an identical trademark, a confusingly similar trademark or a well-known mark. As per June 1, 2018, it will be possible to seek invalidation or cancellation of registered marks with the BOIP in administrative procedures. It will no longer be required to initiate judicial proceedings. 22 March 2018 and should be exempt from the second constitutional vote.
The new IP regime will apply to any Luxembourg-resident taxpayer carrying out a business activity in Luxembourg. It should be noted that the former IP regime will still apply to IP income of Luxembourg entities received between 1 July 2016 and 31 December 2017 on IP rights developed or purchased before 1 July 2016. As from 1 January 2018, the transitional provisions have been repealed and replaced by the new article 50ter of LITL. The new tariffs are automatically and correctly calculated in the online application on the website of BOIP. BOIP tariff’s have remained unchanged since 2005.
On September 28, 2017, the Management Board decided to increase them. In 2018, the tariff for filing a trademark will be EUR 248. The tariff for filing a single design will be EUR 112. Such box was made available in MeF on December 1, 2016, which means that in the period from January 6, 2014 to December 1, 2016, it was not possible for applicants to make such a declaration. It is optional for the applicant to make such declaration.
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Declaration of Standard Characters in their international registration. There is no time limit to ask for this correction. My BOIP’, owners need to click on ‘Renew a design registration’. Owners will receive a confirmation by email once the payment has been processed. This confirmation contains a reference to the online Designs Register, where they can always find the most up-to-date information on their design registration. Renewal certificates will no longer be received by post. Sint Maarten and is responsible for the administration of Sint Maarten trademark applications.
The Bureau in Sint Maarten takes care of the assessment of the applications on absolute grounds and delivers the titles. The Bureau for Intellectual Property of Curaçao will no longer handle or process any requests received on or after October 1, 2015 concerning Sint Maarten. Applications, requests for renewal and other requests concerning Sint Maarten trademarks received between October 1st and October 5th will be given the time of their actual receipt and will be processed accordingly. The National Ordinance BIP is planned to go into effect as per October 1, 2015. As from this day, entrepreneurs active on Sint Maarten can protect their national as well as their international trademarks via a electronic procedure. This register will provide real-time information regarding the current trademark rights on Sint Maarten and facilitate the procedure for acquiring rights quickly and efficiently.
The BOIP will take care of the back-office activities. For its part, the BIP SXM will be responsible for the execution of the legal tasks from the Trademarks Ordinance and disseminating information to the public. With these activities, the BOIP has further expanded its network of international partnerships. September 3, 2015 for the processing of design applications. This new system will speed up the registration proceedings. Registration certificates for designs will no longer be sent.
A copy of the registered design can be printed out through the online register. This copy will have the same legal status as a copy issued by BOIP. The Benelux Designs Register has been the official publication medium for drawings and designs since July 2015. From September drawings or designs will be published daily in the register. As of July 13, 2015, the Benelux Designs Register will be the official publication of drawings and designs. The Benelux Designs Gazette will therefore no longer be published.
This register contains the details and images of the drawings and designs registered in the Benelux valid on January 1, 2012 or registered on a later date. The details of, among others, renewals and changes of the registrations can also be consulted via the register. The publication will initially be updated monthly. In the near future, the publication will happen on a daily basis, as is currently already the case for the Benelux Trademarks Register. The new BIP SXM is being established to register trademarks in Sint Maarten in partnership with BOIP. Trademarks cannot yet be filed with the BIP SXM, but this will be possible once the necessary legislation is in place. All international trademark registrations valid in Sint Maarten are included in the online register.
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They will be mentioned in the list of trademarks found after a search and can also be retrieved by their registration numbers. This link is activated by clicking the trademark concerned. In order to submit trademark applications online, users must log in using their My BOIP account. The account can be set up on the BOIP’s website free of charge. Payment is due online when the applications get filed. It can be paid with iDEAL, Bancontact, credit card or current account. The new environment does not affect applications submitted via BMB Connect.
The online procedure for filing oppositions is largely the same as the paper procedure, but it offers a number of important benefits. For example, it allows customers to file oppositions at any time and from any location, provided they have access to an Internet connection. Furthermore, customers can easily import the disputed trademark and the right invoked from TMview. These changes have arisen as a result of the BOIP’s decision to no longer process requests for modifications, territorial extensions and the renewal of international trademark registrations. Most of the procedures relating to the international register are automated. The BOIP’s involvement is not necessary, and may even be inefficient and delay the process. There are, however, cases in which intervention by BOIP is necessary.
Such requests, which are in any case exceptional, must be filed via BOIP. Trademark holders will still be able to find all the relevant information about renewals, modifications and the extension of your international registration, including direct links to the relevant WIPO services, on the BOIP’s website. Starting on 1 January 2015, entrepreneurs who are active on Sint Maarten can protect their trademarks by means of a modern electronic procedure. The BOIP will set up and manage this procedure for Sint Maarten. The BOIP will also see to it that Sint Maarten makes a fully online trademarks register available to the public.
For its part, the BIP SXM will be responsible for the execution of the legal tasks from the Sint Maarten Trademarks Ordinance and disseminating information to the public. E-filing for designs offers a simple five step online registration process, making the design application process easier and quicker for users. Paper filing of international trademark applications will no longer be available. Access to the e-filing procedure is provided by “My BBIE”. Minister for Foreign Affairs and has the honor to notify the deposit by the Benelux Organization for Intellectual Property, on October 8, 2013, of its instrument of accession to the Singapore Treaty on the Law of Trademarks, adopted at Singapore on March 27, 2006. Treaty will enter into force, with respect to BOIP, on January 8, 2014. On that date and in accordance with Articles 26 and 28 of the Treaty, the Member States of BOIP, that is, Belgium, Luxembourg and the Netherlands, will become bound by the Singapore Treaty.
Minister for Foreign Affairs and has the honor to notify the deposit by the Government of the Grand Duchy of Luxembourg, on September 3, 2013, of its instrument of ratification of the Singapore Treaty on the Law of Trademarks, adopted at Singapore on March 27, 2006. The Grand Duchy of Luxembourg being a Member State of the Benelux Organization for Intellectual Property, the said Treaty will enter into force with respect to the Grand Duchy of Luxembourg at a later date, in accordance with Articles 26 and 28 of the said Treaty. IP practice starting on or after 1 October 2013. English as a working language: English becomes a working language next to the official languages Dutch and French. New way of calculating the opposition period: The opposition period of two months shall be calculated from the date of publication instead of from the first day of the month after the publication date.
Simplification of the procedure for renewal of a trademark: E-filing of renewal application is accompanied with an e-payment module. There will also be some other changes. The exact date of which is not yet known, but this is expected for the end of the year. This change is related to the fact that trademark applications are no longer published monthly but on a daily basis. The Kingdom of Belgium, has deposited its instrument of ratification of the Singapore Treaty on the Law of Trademarks on June 7, 2013.
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The Kingdom of Belgium being a Member State of the Benelux Organization for Intellectual Property, the said Treaty will enter into force, with respect to the Kingdom of Belgium at a later date, in accordance with Articles 26 and 28 of the said Treaty. The Trademark Law Treaty will enter into force on August 11, 2012. The Grand Duchy of Luxembourg being the last Member State of the Benelux Organization for Intellectual Property to have deposited its instrument of ratification of the Trademark Law Treaty, the said Treaty will enter into force with respect to the Kingdom of the Netherlands in Europe and the Kingdom of Belgium, on the same date. A page has been added to their website. The registered trademarks are visible on this website. All the data concerning a specific trademark can be made visible by clicking the trademark’s number.
The publication only contains published and registered trademarks. The country codes for the subdivided Antilles used by WIPO and applicants of international trademarks have been made definite. Curacao was allotted the code CW and Sint Maarten now has the code SX. All new international applications must specify for which part of the former Netherlands Antilles the protection is required.
As from October 10th, 2010, the Netherlands Antilles ceased to exist as a political entity. These islands, also called Caribbean Netherlands, have become special individual municipalities within the Kingdom of the Netherlands. The BES islands are not covered by a Benelux or EU trademark registration. Curaçao and Sint Maarten have become autonomous states within the Kingdom of the Netherlands.
This can be compared with the status of Aruba. Both Curaçao and Sint Maarten are not covered by a Benelux or EU trademark registration. There is a transitional period with respect to the BES islands. Owners of Netherland Antillean trademark registrations have one year after the dismantling, i. October 10th, 2011, to file maintenance applications for the BES islands.
This Office has been appointed to manage the Trademark Register for the BES islands. The situation about Curaçao and Sint Maarten is not clear yet. Most likely existing Netherlands Antilles trademarks will automatically be converted into trademarks for the territories of Curaçao and Sint Maarten. The above-mentioned transitional period is not applicable to International trademark registrations, designating the Netherlands Antilles.
As from October 10th, 2010, those International Registrations continued to have effect in the three new territorial entities. The owner of the International registration was not required to file any request to the World Intellectual Property Organization. The BES islands have their own trademark law called Trademark Law BES. The Kingdom of the Netherland had extended the application of the Madrid Protocol to the Netherlands Antilles, with effect from April 28th, 2003.
As a territorial entity whithin the Kingdom of the Netherlands, the Netherlands Antilles ceased to exist on October 10th, 2010. The Kingdom of the Netherlands ratified the Singapore Treaty on the Law of Trademarks on October 2nd, 2009. It entered into force with respect to the Netherlands Antilles, on January 2, 2010. The said Treaty will enter into force with respect to the Kingdom in Europe at a later date. Belgium, the Netherlands and Luxembourg are treated as one common area with a uniform trademark law and one trademark office. Since the adoption of the Benelux Trademarks Act in 1971, there are no national trademark laws in any of the Benelux countries anymore. Benelux Trademarks Act on September 1, 2006.
Trademark protection is created by registration. The Benelux countries are members of the Madrid Agreement, of the Madrid Protocol and of the European Union. Registrable as trademarks are word marks, device marks, three-dimensional marks, colour marks, slogan marks and sound marks. Holograms are registrable when capable of being represented graphically. The application is filed at the Benelux Office for Intellectual Property in The Hague.
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There is no requirement for a power of attorney anymore. Foreign applicants do not need a domestic registration. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use. After the examination on formalities and absolute grounds, the application is published in the online Benelux Bulletin for opposition purposes. The whole procedure takes between 3 and 4 months if there are no complications. There also exists an expedited registration procedure.
In this case the mark is registered and published after the formalities check. The mark could in this case still be refused on absolute grounds or due to a successful opposition. The opposition period is 2 months from the date of publication of trademark application. A trademark registration is valid for 10 years from the application date and is renewable for the same period. The grace period for renewals is 6 months from the expiration date of the trademark. If the trademark has not been used within 5 years from registration or has later not been genuinely used during the last 5 years, it may be subject to cancellation by way of a cancellation procedure before BOIP or a court action.
Subsequent use of the trademark can restore protection. The official fee for filing a trademark application is EUR 248 for up to three classes and EUR 39 for each additional class under the normal procedure. The fee for the expedited procedure is EUR 199 extra for up to three classes and an extra of EUR 31 for any following class. Find out how much this is in your own currency and convert! Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here. Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.
We love intellectual property and it is what we do best. We believe in excellence and we achieve this by combining decades of IP experience with youthful élan, by staying sharp and focused, with dedication to the needs of our clients. We have renowned solicitors, patent attorneys and trademark attorneys. As is speed, straight forward communication, maximum personal attention, and direct and easy contact with the case manager. In other words, we stand for quality and clarity in the way we serve you, irrespective of the nature, urgency and complexity of the question or case.
We are conscious of the need to keep the costs as low as possible, reason why we offer a transparent and highly competitive cost structure. We make your business our business. We have experience in proceedings before the European Patent Office, the Benelux and Community trademark offices, WIPO and the European Court of Justice. In complicated patent and trademark cases we often deal with cross-border issues. Thus we are at ease with high profile cases, complex legal issues and tough litigation, but always aiming at the most efficient way of protecting your interests. As we constantly seek to surpass ourselves, we systematically monitor the quality of our services and are critical to ourselves and each other.
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Silver-tone Bullion thread was directly embroidered for his name, dark stains above pencil pocket, Excellent Condition. 1948 USAAF 30″ x 30″ Scarf, light-stains and one hole near the center. 2369D – removed from blouse, Used. 3378A – Air Force, hand-embroidered stripe,he was stationed at Bien Hoa VNAFB, Vietnam Used. Pink lining that this shop did, High-Quality Workmanship, Used.
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