Netherlands

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
January 13, 2016

Netherlands: Patent Office Experiencing Technical Difficulties with Online Registry

The patent office in the Netherlands is currently experiencing technical difficulties with their online registry, and as a result status reports for annuity fee payments and other reports cannot be displayed at this time. The current delay affects the ability to obtain the status of annuity fee payments for November 2015 and December 2015.   An update will be posted once this situation has been resolved.