BOIP

December 5, 2018

Benelux: Change to Official Fee Structure and Increase Soon

The Benelux Office for Intellectual Property (BOIP) announced that they will introduce a number of modifications to the fee structure for trademarks and designs, including a fee increase.   Beginning on January 1, 2019, the basic fee for trademark applications and renewals will no longer cover three classes of goods and services.  A basic fee will cover one class and a fee for each extra class of goods or services will be added. With respect to trademark renewals, it will be possible from January onwards to renew a trademark registration for only some of the indicated classes.   Source:  BOIP.int, www.landmark.eu
May 1, 2018

Benelux: Trademark Regime to Change in June 2018

The Benelux Convention on Intellectual Property (BCIP) will be amended by two protocols which will enter into force on June 1, 2018. Effective June 1, 2018, all appeals from decisions of the BOIP (refusals, oppositions, etc.) have to be brought before the Benelux Court of Justice (BCJ).  This Court established a new chamber consisting of judges from national courts of the Member States of the Benelux.  It is expected that this 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. Invalidation or cancellation actions before the BOIP:  Effective 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. Source:  DeClercq & Partners, Belgium and Arnold & Siedsma, Netherlands
November 21, 2017

BOIP: Increase in Tariffs for Trademarks Effective January 1, 2018

The Benelux Office for Intellectual Property (BOIP) announced that effective January 1, 2018 there will be an increase in tariffs for renewal of a trademark.  The basic fee for an individual trademark, first 3 classes is € 268.  The basic fee for collective trademark, first 3 classes will be € 489.  The supplementary fee for each subsequent class will be € 48, and the supplementary fee for a renewal and/or payment in the grace period (article 2.9, par. 4BCIP) € 133. The tariffs have remained unchanged since 2005, but on 28 September, 2017 the Management Board decided to increase them. Source:  BOIP.int