Registering a Trademark in Belgium and the Benelux

Why Register a Trademark?

Your trademark is one of your most valuable assets. It represents your commercial identity and distinguishes you from your competitors. In Belgium, trademark law is governed at the Benelux level by the Benelux Convention on Intellectual Property (BCIP). The Benelux Office for Intellectual Property (BOIP) is the competent body for registration.

Benefits of Registration

• Exclusive rights across the Benelux territory (Belgium, Netherlands, Luxembourg)
• Legal protection against counterfeiting and imitation
• Right of opposition against later similar trademarks
• Business valuation (intangible asset)
• Basis for expansion to Europe (EU trademark) or internationally

What Can Be Registered as a Trademark?

Since the 2018 reform, a Benelux trademark no longer needs to be graphically representable. The following can be registered:

• Word marks: words, names, slogans
• Figurative marks: logos, designs
• Combined marks: combination of text and image
• Sound marks: jingles, melodies
• Shape marks: three-dimensional shapes
• Color marks: one or more specific colors

BOIP Registration Procedure

1. Prior Art Search

Before filing, it is essential to verify that your trademark does not conflict with existing trademarks. The BOIP offers a free online trademark register. A more thorough professional search is recommended.

2. Nice Classification

Products and services must be classified according to the International Nice Classification (45 classes). The choice of classes determines the scope of your protection and the cost of filing.

3. Filing the Application

Filing is done online on the BOIP website. The application must contain:

• The representation of the trademark
• The list of products/services with Nice classes
• The applicant's details
• Payment of fees

4. Examination and Publication

The BOIP examines the application (absolute grounds for refusal only). If accepted, the application is published for a 2-month opposition period.

5. Registration

In the absence of opposition, the trademark is registered and protected for 10 years, renewable indefinitely.

Registration Costs (2026)

EU Trademark (EUIPO)

For protection across the entire EU (27 countries), you can file an EU trademark with EUIPO in Alicante. The base cost is €850 for one class, plus €50 for the second and €150 per additional class.

Conclusion

Want to protect your trademark in the Benelux or Europe? LegalBelgique conducts the prior art search, prepares and files your application with BOIP or EUIPO, and monitors the procedure. Protect your commercial identity today.