Trademark Registration in Belgium- An Overview

Aspect Details
What is a Trademark? A trademark is a specific, recognizable expression or symbol that represents a brand.
Cost The cost of trademark registration in Belgium starts from US$580.
Timeframe Register a trademark in Belgium within 4 to 6 months.
Benefits

The benefits of the Belgium Trademark Registration Process are as follows:

  • Unique Brand Identity
  • Market Value
  • Long-Term Protection
  • Legal Remedies Against Counterfeiters
  • Business Goodwill Creation
Types of Trademarks

Types of trademarks for trademark protection in Belgium are as follows:

  • Traditional Trademarks such as word and logo marks
  • Non-Traditional Trademarks such as sound, motion, and multimedia marks
  • Collective Mark
  • Certification Mark
  • Service Mark
Documentation Requirements

The list of documents required for trademark filing in Belgium is as follows:

  • Trademark Application
  • Identification and Address Details of the Applicant
  • A Print and Summary of the Trademark
  • List of Products and Services
  • Identification of the Local Agent, if any
Who Can Register?

The eligibility criteria for the Belgium trademark registration process are as follows:

  • Benelux Citizens
  • Foreign Individuals & Entities EEA or EU.
  • Global Entrepreneurs
  • Artificial Individuals
Procedure

The Belgium Trademark Registration Process is as follows:

  • Trademark Search
  • Trademark Application Submission
  • Examination and Publication
  • Opposition Period
  • Issuance of the Registration Certificate.
How Can We Help You?
  • 10+ years of experience in trademark filing
  • 99% Approval Rate
  • Preliminary Consultation on Trademark Registration
  • Fast-Track Trademark Registration and Renewal Filing
  • Expert Legal Guidance on Belgium and Benelux IP Laws
  • Reasonable Pricing Structure
  • Post-Registration Compliance for trademark registration and renewal process
  • World-Wide Access
  • 24/7 Customer Care Support

Secure Your Brand Identity with Trademark Licensing in Belgium

Secure your brand reputation and acquire an intangible business asset in Belgium with Trademark licensing in Belgium.

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Understanding Trademark Registration in Belgium

The trademark registration in Belgium provides a 10-year legal protection with indefinite renewals for 10 consecutive years for products or services in the diverse economy of Belgium with EUR621.26 billion gross domestic product (GDP) at a 1.2% growth rate and a high 67,731 GDP per capita income with top Markets include IT, service, and manufacturing industries.

The Benelux Convention on Intellectual Property (Trademarks and Designs) of 2005 is the primary Belgian trademark law that implements the European Union (EU) Directive: 2015/2436 to unify the trademark protection amongst the EU member states. The law enables a trademark registration in Belgium, Luxembourg, and the Netherlands through a single application process with the Benelux Office for Intellectual Property (BOIP).

The United Kingdom also complies with the Paris Convention, Madrid Protocol, Nice Agreement, and Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs).

International Protection Expansion in Luxembourg & the Netherlands

Implements the Benelux-EU Trademark Unified Strategy

Double Taxation Agreements with 150+ Countries

Member of the European Free Trade Association (EFTA)

Member of the European Union Customs Union (EUCU)

AI-Proctored Belgium Trademark Search

Utilizes the EU Regulated Custom Warehouses for Custom and VAT Exemptions

Follows the First-to-file & Multi-Class Filing Approach

Advantages of Trademark Registration in Belgium

Trademark registration in Belgium provides various benefits, such as brand distinctness and asset valuation. The advantages are as follows:

belgium trademark registration benefits

Business Monopoly

A registered trademark enables Belgian and foreign entrepreneurs to establish a distinct brand identity and competitive advantage in the market by providing exclusive rights to their products or services.

Security against Copycats

Trademark Licensing in Belgium entitles trademark owners to file lawsuits and claim monetary damages against the unlawful use of their trademark.

Profit Generation

Trademark filing in Belgium helps individuals and entrepreneurs generate profit by selling, licensing, or franchising their registered trademarks.

International Security

Trademark licensing in Belgium entitles individuals and corporations to obtain an automatic registration with the Benelux Office for Intellectual Property (BOIP) in Luxembourg and the Netherlands.

Custom Support

A trademark holder can obtain the General Administration of Customs and Excise (GAC&E)’s assistance to prevent the import and export of their registered brands.

Business Reputation

A registered trademark helps businesses increase their brand reputation by building customer trust and credibility in Belgium’s diverse consumer market.

Asset Creation

Trademark Registration in the United Kingdom creates opportunities for asset creation, such as mergers and acquisitions or seeking new investments. A registered trademark helps boost the overall asset valuation of a business.

How to Register a Trademark in Belgium?

All applicants must understand the registration process before formally applying for trademark registration in Belgium. The process to register a trademark in Belgium is as follows:

Belgium Trademark Search

The applicants must conduct a proper Belgium trademark search through the Benelux Office for Intellectual Property (BOIP)’s trademarks register.

Belgium Trademark Application Submission

The applicant must submit the Belgium trademark application with the necessary documents to the Benelux Office for Intellectual Property (BOIP) online through the BOIP’s website or by post.

Formal Examination and Publication

The Benelux Office for Intellectual Property (BOIP) formally examines the trademark application verifying the applicant’s details and payment confirmation and publishes the same on BOIP’s trademarks register to allow third party oppositions.

Opposition

The Benelux Office for Intellectual Property (BOIP) publishes the trademark on its trademark register to allow third-party oppositions.

Extensive Examination

The Benelux Office for Intellectual Property (BOIP) extensively examines the trademark application to determine the legality of the trademark in question after the expiration of the opposition period.

Grant of Trademark Registration Certificate

The Benelux Office for Intellectual Property (BOIP) issues the trademark registration certificate authorizing the applicant with exclusive ownership of the trademark.

Timeline for Trademark Registration in Belgium

The Benelux Office for Intellectual Property (BOIP) takes at least six months for trademark registration in Belgium. The timeline is as follows:

Belgium Trademark Search: 1 to 3 days

The applicants take 1 to 3 days to conduct a Belgium trademark search through the Benelux Office for Intellectual Property (BOIP)’s trademarks register.

Belgium Trademark Application Submission: 2 to 3 days

The applicant takes 2 to 3 days to submit the Belgium trademark application with necessary documents to the Benelux Office for Intellectual Property (BOIP) online through the BOIP’s website or by post.

Formal Examination and Publication: 2 to 4 weeks

The Benelux Office for Intellectual Property (BOIP) takes 2 to 4 weeks to conduct a formal examination of the trademark application verifying the applicant’s details and payment confirmation and publishes the same on BOIP’s trademarks register to allow third party oppositions.

Opposition: 8 weeks

The Benelux Office for Intellectual Property (BOIP) allows an 8-week opposition period for third parties to file oppositions against the newly published trademark.

Extensive Examination: 2 to 4 weeks

The Benelux Office for Intellectual Property (BOIP) takes 2 to 4 weeks to conduct an extensive examination of the Belgium trademark application, determining the legality of the trademark.

Grant of Trademark Registration Certificate: 4 to 8 weeks

The Benelux Office for Intellectual Property (BOIP) takes 4 to 8 weeks to issue the trademark registration certificate authorizing the applicant with exclusive ownership of the trademark.

Documents Needed for Belgium Trademark Registration Process

Belgian and global businesses must understand the mandatory documentation requirements for the Belgium trademark registration process. The requirements are as follows:

Belgium Trademark Application Form

Name and Address of the Applicant

A Representation of the Trademark

A Summary of the Trademark

List of Goods or Services as per the Nice Classification (NCL)

Priority Documents, if any

Translated Documents, if any

Details of the Local Agent, if any

Application Payment Confirmation

Company Formation Number for Corporate Applicants

Is Trademark Registration in Belgium Eligible for Renewal?

Yes, the trademark registration in Belgium is eligible for renewal. The Belgian trademark law provides regulations for trademark renewals in Belgium. Trademark owners must renew their registration within the last six months of the ongoing 10-year trademark registration period. The applicant must apply for trademark renewal in Belgium with the necessary documents, such as applicant details, a copy of the original registration certificate, renewal fee confirmation, trademark usage proof, and details of the local agent, if any, to the Benelux Office for Intellectual Property (BOIP).

The Benelux Office for Intellectual Property (BOIP) allows a six-month grace period for trademark renewal in Belgium after the expiration of the ongoing registration period. Belgian trademark law mandates the continuous use of trademark registration for five consecutive years, and non-compliance with said renewal would result in the cancellation of the registration.

Trademark Registration in belgium
single renewal

Single Renewal in Belgium, Luxembourg, and the Netherlands

mandate

Continuous Trademark Mandate for 5 Years

registered agent

Local Registered Agent Mandate for Global Applicants

200+ Local IPR Experts in Belgium

200+ Local IPR Experts in Belgium

Categories of Trademarks for Trademark Registration in Belgium

Belgian and global entrepreneurs must understand the different categories of trademarks before formally applying for trademark registration in Belgium. The types of trademarks are as follows:

Word Mark

Word Mark

A word mark consists of words, letters, or phrases that protect the text element of a product or service. An example includes the iconic electronic consumer goods company named “Philips”.

logo Mark

Logo Mark

A logo mark protects the graphic details, such as logos or images of a brand. An example includes the iconic music festival Tomorrowland’s specific butterfly and eye logo.

Combination Mark

Combination Mark

A combination mark protects the text and graphic details such as words, letters, images, or logos of a product or service. An example is Puma, the international shoe brand that includes both text and graphic elements in its product packaging.

3D Mark

Three-Dimensional 3D Mark

A three-dimensional 3D mark protects the 3D shapes or other visual effects of a product or service. An example includes the Vespa Scooter’s distinct 3D shape.

Pattern Mark

Pattern Mark

A pattern mark protects the recurrence patterns of a brand. An example includes the legendary Burberry check pattern.

Position Mark

Position Mark

A position mark protects the specific placement of a product or service. An example includes the specific placement of Adidas’s three stripes.

Color Mark

Color Mark

A colour mark protects a colour or combination of colours of a trademark. An example includes the Cadbury chocolate’s specific purple shade.

Sound Mark

Sound Mark

A sound mark protects the audio elements of a product or service. An example includes the Apple’s popular ringtone.

Motion Mark

Motion Mark

A motion mark safeguards the peculiar moving sequences of a product or service. An example includes the animation of the Microsoft Windows.

Hologram Mark

Hologram Mark

A hologram mark secures the holographic elements of a product or service. Common examples are holographic features in Visa and Mastercard.

Multimedia Mark

Multimedia Mark

A multimedia mark safeguards the text, graphic, audio, or visual elements of a product or service. An example includes “Lotus Bakeries” the famous Belgian multi-national company (MNC) that has a registered multimedia mark for their Biscoff product line.

Service Mark

Service Mark

A service mark secures the service part of a brand. Highly recommended for Consultancy and business-manage services firms. An example includes “Meta”, the global social media network.

Collective Mark

Collective Mark

A collective mark is trademark that safeguards a product or service, which is collectively held by a group of companies or associations.

Certification Mark

Certification Mark

A certification mark certifies products or services based on their origin, manufacturing processes, or quality standards. An example includes “Bio Garantie” a Belgian certification trademark for organic food products.

Checklist- Who is Eligible to Register a Trademark in Belgium?

Belgian and global entrepreneurs must understand the eligibility criteria to register a trademark in Belgium. The checklist is as follows:

  • Belgian, Luxembourgish, and Dutch Individuals & Entities :- Belgian, Luxembourgish, and Dutch individuals and entities engaged in lawful commercial, industrial, or service business are eligible to register a trademark in Belgium.
  • Foreign Individuals & Entities Within EEA or EU :- Foreign individuals & entities engaged in lawful commercial, industrial, or service business with residents or Establishments within the European Economic Area (EEA) or European Union (EU) are eligible to register a trademark in Belgium.
  • Global Entrepreneurs & Entities :- Global entrepreneurs or entities engaged in lawful commercial, industrial, or service business outside the confines of the European Union (EU) are eligible to register a trademark in Belgium, provided they hire a local representative.
  • Artificial Individuals :- Artificial persons such as trusts or estates within or outside of the European Union (EU) are eligible to register a trademark in Belgium, provided they comply with the Belgium laws.

Industries Required to Register a Trademark in Belgium

All industries that have a unique brand identity must register a trademark in Belgium.

Top 10 Industries that Must Register a Trademark in Belgium

  • E-commerce & Retail Industry
  • Software and IT Industry
  • Telecommunication Industry
  • Fashion & Cosmetic Industry
  • Healthcare & Pharmaceutical Industry
  • Food & Beverage Industry
  • Tourism Industry
  • Financial Services Industry
  • Consultation Services Industry
  • Transport & Logistics Industry

Top 10 businesses that Require Trademark Licensing in Belgium

  • Online Shopping & e-Commerce Services
  • Startup Companies & IT Parks
  • Mobile & Internet Service Providers
  • High-End Clothing & Beauty Outlets
  • Online Medical Outlets & Hospitals
  • Franchise Branches & Restaurants
  • Resorts & Hotels
  • Fintech & Digital Banking Service Providers
  • Tax & Law Consultancies
  • Courier Services

Compliances for Belgium Trademark Registration Process

Trademark owners must remember the post-registration compliance for the Belgium trademark registration process. The post-enforcement checklist is as follows:

    • On-Time Filing of Trademark Renewal in Belgium
    • Proper Record Maintenance of the Trademark Usage
    • Formation of the Belgium Trademark License Agreement
    • Track Possible Trademark Infringements
    • Notify the Benelux Office for Intellectual Property (BOIP) if there’s a Change or Modification in the Trademark Ownership
    • Timely Filing with the General Administration of Customs and Excise (GAC&E) for regulation of Import & Export of Registered Goods or Services
    • Hold Trademark Oppositions & Cancelations
    • Maintain 100% Compliance with Benelux Trademark & other Belgium Laws
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Why Consider Enterslice for Trademark Registration in Belgium?

We have 10+ years of expertise in intellectual property (IP) registrations all across the globe. We provide expert legal guidance through every step of the trademark registration process. Given below are some reasons why Enterslice should be your first choice for trademark registration in Belgium:

  • Free Belgium Trademark Search for up to 25 Business Names
  • Speedy Filing of Registration and Renewal Applications
  • Access to Endless Global Business Opportunities
  • 100% Post-Registration Compliance with the Benelux Office for Intellectual Property (BOIP)
  • Guaranteed Compliance with the General Administration of Customs and Excise (GAC&E)
  • Continuous Compliance with Relevant International Treaty Laws
  • Constant Trademark Infringement Monitoring Support
  • Transparent Fee Structure
  • Round the Clock Customer Support
  • Expert Guidance on Benelux and Other Related Belgium Trademark Laws

Frequently Asked Questions

A trademark is an exclusive recognition of a letter, word, phrase, number, logo, shape, color, sound, or visual effects associated with a product or service.

The Benelux Convention on Intellectual Property (Trademarks and Designs) of 2005 is the primary Belgian trademark law that governs the provisions of trademark registration, renewal, and cancelation. The law also provides civil and criminal provisions for trademark infringements.

The Benelux Office for Intellectual Property (BOIP) is the primary trademark authority that governs the trademark registration, renewal, and cancelation in Belgium.

The validity of trademark registration in Belgium is 10 years from the official date of the registration. The Benelux Office for Intellectual Property (BOIP) advises trademark owners to timely apply for the renewal of the same within the last six months of the ongoing registration period a late fee.

The cost of trademark licensing in Belgium starts from US$580. The charges may slightly increase for the 2nd and 3rd categories.

Belgian and global entrepreneurs can register all kinds of traditional, non-traditional, collective, certification, or service marks for the Belgium trademark registration process.

There are various benefits of trademark protection in Belgium such as brand reputation, business expansion, asset creation, legal protection against counterfeiters, long-term validity, and global trademark protection.

Benelux individuals, Benelux corporations, and global entrepreneurs are eligible to register a trademark in Belgium.

The process of trademark licensing in Belgium starts with the conduction of a trademark search followed by application submission, examinations, oppositions period, and grant of trademark registration certificate.

The Benelux Office for Intellectual Property (BOIP) usually completes the Belgium trademark registration process within 4 to 6 months.

Trademark applicants must submit their details along with a representation of the trademark, fee confirmation receipt, list of goods or services, details of the local registered representative if any, and any other relevant documents.

Businesses with a different brand identity must register a trademark in Belgium. Some important businesses include online shopping outlets, software & IT firms, internet service providers, luxury clothing brands, online medicine stores, and tax & business-managed consultancies.

The Benelux trademark law entitles the Benelux Office for Intellectual Property (BOIP) to renew a trademark filing in Belgium. The applicants must renew a trademark within the last six months before the end of the ongoing 10-year registration period.

The Benelux trademark law provides a six-month grace period to renew a trademark after the expiration of the ongoing 10-year trademark registration in Belgium for a late fee.

Yes, the Benelux Office for Intellectual Property (BOIP) provides a unified Benelux trademark registration in Belgium, Luxembourg, and the Netherlands through a single Benelux trademark registration.

Yes, the Benelux Convention on Intellectual Property (Trademarks and Designs) of 2005 entitles the Benelux Office for Intellectual Property (BOIP) to cancel any trademark registration that is not in use for 5 consecutive years from the official registration.

Yes, the Benelux Office for Intellectual Property (BOIP) has a free-of-cost “BOIP Trademarks register” for Belgium trademark search.

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