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Regional trademark guide · Updated

Benelux trademark registration

A Benelux trademark filed with the Benelux Office for Intellectual Property (BOIP) is protected uniformly in Belgium, the Netherlands and Luxembourg. The three countries have no separate national trademark registrations, so you cannot register in just one of them; you can file in Dutch, French or English.

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Benelux trademark registration

Five questions first

Which route?File with the BOIP if you mainly do business in Belgium, the Netherlands or Luxembourg; consider an EU trademark to cover other EU countries too; designate the Benelux through Madrid if you have a home filing and want several countries.Details ↓What do I need?The applicant's name and address, the mark, and goods or services listed by Nice class, filed in Dutch, French or English; a power of attorney is usually not required.Details ↓How are official fees charged?Basic fee EUR 244 including 1 class, EUR 27 for the 2nd class and EUR 81 for each class from the 3rd; accelerated registration costs extra. Service fees are quoted by the agent.Details ↓How long does it take?Published by the BOIP: about 3 months on average from filing to registration. Publication is followed by a 2-month opposition period; refusals or oppositions take longer.Details ↓What are the main risks?The three countries are one territory, so a conflict affects the whole mark; the BOIP does not check earlier marks, which are dealt with through opposition; unregistered marks get almost no trademark protection.Details ↓
Key facts

Trademarks in the Benelux: key facts

OfficeBenelux Office for Intellectual Property (BOIP), headquartered in The Hague, the Netherlands. Website and search links: IP Toolbox.
LawBenelux Convention on Intellectual Property (BCIP) and its Implementing Regulations; the current Implementing Regulations have applied since 1 September 2026
Territorial scopeThe European territories of Belgium, the Netherlands and Luxembourg, with one registration valid uniformly; you cannot register in only one country
National registrationNone of the three countries has a separate national trademark registration; their national offices can only receive Benelux applications and pass them on to the BOIP
Madrid SystemAll three are Madrid Protocol members (since 1 April 1998) and are designated together as "Benelux"
Applicants from abroadA representative is not compulsory; if you have none and are outside the European Economic Area (EEA), you must give a correspondence address in the EEA
LanguageDutch, French or English, at your choice
ExaminationThe BOIP examines absolute grounds such as distinctiveness and descriptiveness of its own motion; conflicts with earlier marks are for their owners to raise through opposition
Multi-class applicationsAllowed; basic fee EUR 244 including 1 class, EUR 27 for the 2nd class and EUR 81 for each class from the 3rd
Processing time (published by the BOIP)About 3 months on average from filing to registration, according to the BOIP; accelerated registration is available for a fee
Opposition period (statutory)2 months from publication; for international registrations designating the Benelux, 2 months from publication by WIPO
Term and renewal10 years from the filing date, renewable indefinitely for 10 years at a time
Use requirementGenuine use in the Benelux is required within 5 years of completion of the registration procedure; after 5 consecutive years of non-use, revocation can be requested

Checked on 2026-10-06; general information only — the office's published rules and fees prevail.

Coverage

Countries covered by a Benelux trademark

A single Benelux trademark covers the three countries below; registration, renewal, assignment and revocation always apply to all three together.

BelgiumNetherlandsLuxembourg

Only the European territories of the three countries are covered. Bonaire, Sint Eustatius and Saba, the Dutch islands in the Caribbean, are outside the Benelux trademark and are designated separately in the Madrid System.

All three are EU member states, so an EU trademark covers them too; see EU trademark registration.

Which route

Benelux trademark or EU trademark

Belgium, the Netherlands and Luxembourg are all in the EU, so the same mark can be protected there with a Benelux trademark or with an EU trademark that also covers all three. The two differ in coverage, cost and risk.

ItemBenelux trademark (BOIP)EU trademark (EUIPO)
CoverageBelgium, the Netherlands and LuxembourgAll 27 EU member states, including the three Benelux countries
Official fees (3 classes)EUR 244 + 27 + 81 = EUR 352EUR 850 + 50 + 150 = EUR 1,050
LanguageDutch, French or EnglishAny of the 24 official languages, plus a second language
Refusal riskExamined for the Benelux only; the EU rule that a ground for refusal in part of the EU means refusal of the whole application does not applyA ground for refusal in any official language or in part of the EU leads to refusal of the whole application
Who can opposeOwners of earlier marks in force in the Benelux: Benelux trademarks, EU trademarks and international registrations designating the BeneluxOwners of earlier marks or earlier rights in any member state
Use requirementGenuine use in the BeneluxGenuine use in the EU, assessed for the EU as a whole
Best forYour main market is Belgium, the Netherlands or Luxembourg; your budget is limited; the mark may be descriptive in an EU language spoken outside the BeneluxYou do business in several EU countries

If you already have a home application or registration and want several countries, you can also designate the Benelux through the Madrid System: the three countries are designated together, never individually, and the official fee is the Benelux individual fee published by WIPO, unless your office of origin is party to both the Madrid Agreement and the Protocol (e.g. China), in which case only the CHF 100 complementary fee applies (Article 9sexies of the Protocol). For details of the EU trademark, see EU trademark registration.

What to prepare

Documents checklist

For an application to the BOIP, prepare the following information. The BOIP presumes that a representative is authorised, so a power of attorney usually does not have to be filed; it is requested only for cancellation of a registration or if the BOIP doubts the authorisation.

Applicant

  • Name and address; for a company, its legal form (such as a limited company)
  • If you have no representative and are outside the EEA, a correspondence address in the EEA

The mark

  • Type of mark: word, figurative, combined word and figurative, three-dimensional, etc.
  • A clear image; for a colour mark, state the colour codes
  • Optionally, a description of the distinctive features of up to 50 words (for a fee)

Goods and services

  • List them by Nice class, using terms already accepted in the BOIP's system wherever possible (they can be imported from TMclass): processing is faster
  • Goods or services cannot be added after filing; you can include those you genuinely plan to offer within the next 5 years
  • For wording, you can consult EU trademark classification table on this site, then check once more in TMclass before filing

Language and priority

  • Language of filing: Dutch, French or English
  • Earlier application filed abroad: priority can be claimed within 6 months, declared at filing or within 1 month after filing
  • A copy of the priority document is filed when the BOIP asks for it
How long

Process and timeline

Example: a direct application under the standard procedure.

  1. Step 1

    Clearance search (recommended)

    Search the Benelux register as well as the EU trademarks and international registrations in force in the Benelux

  2. Step 2

    Filing and payment

    The basic fee must be paid within 1 month after the filing requirements are met to secure the filing date (statutory)

  3. Step 3

    Formalities, classification and publication

    Once the filing requirements and the classification of the goods and services have been checked, the application is published in the Benelux trademark register

  4. Step 4

    Opposition period

    2 months from publication (statutory); if an opposition is filed, a 2-month cooling-off period follows its admission

  5. Step 5

    Absolute-grounds examination

    If refusal is proposed, the first reply period is 3 months, extendable to a maximum of 6 months (BOIP rules)

  6. Step 6

    Registration

    With no refusal and no opposition, about 3 months on average from filing to registration (published by the BOIP)

In opposition proceedings, the parties can jointly request suspension for 4 months at a time; suspension during the first 12 months before the proceedings start is free of charge. If the application is finally refused, you can appeal to the Benelux Court of Justice within 2 months of notification.

How to read the periods: "statutory" = set by law; "official statistics" = averages published by the office; "estimate" = typical cases. Actual timing varies.

Need it faster?

Standard procedure and accelerated registration

Standard procedure

The mark is registered only once publication, the 2-month opposition period and the absolute-grounds examination are over and nothing stands in the way. The BOIP's published average is about 3 months.

Accelerated registration

For an extra fee, requested at filing or during examination. If the filing requirements are met, the mark is registered at once, and the absolute-grounds examination and any opposition take place after registration; the registration may then be cancelled, and fees paid are not refunded.

Best for

Applicants with a strongly distinctive mark, no conflicts found in a search and a need for a registration quickly in order to enforce it. Benelux courts in principle protect only registered marks.

How much

Official fees

Official fees rise with the number of classes: the basic fee includes the first class, a small amount is added for the second, and more for each class from the third. There is no separate registration fee. The table below shows the current fees published by the BOIP; BOIP fees are not subject to VAT.

ItemChargedAmountApprox. USD
Paid on filing
Basic application fee (individual trademark, first class included, valid for 10 years)Per application244 EUR≈ USD 274
Second classSecond class27 EUR≈ USD 30
Each class from the thirdEach class from the third81 EUR≈ USD 91
Payable when applicable
Accelerated registration supplement (first class included, if requested)Per application196 EUR≈ USD 220
Accelerated registration supplement: second classSecond class21 EUR≈ USD 24
Accelerated registration supplement: each class from the thirdEach class from the third63 EUR≈ USD 71
Keeping the registration
Renewal basic fee (online, first class included, every 10 years)Per application263 EUR≈ USD 295
Renewal: second classSecond class29 EUR≈ USD 33
Renewal: each class from the thirdEach class from the third87 EUR≈ USD 98
Late renewal surcharge (renewal within 6 months after expiry)Per application135 EUR≈ USD 151

Source: BOIP Fees (Trademark) · current fees in force since 2019-01-01 · checked on 2026-10-07 · USD figures are approximate, converted at the Bank of China spot selling rate (or, for currencies it does not quote, at the central bank's published USD rate); the official fee is the amount in the original currency

Official fees are as published by the office; the service fee is quoted by an agent after you submit, and you pay only after accepting the quote.

Need to register a trademark in the Benelux?

Get a quoteInternational Trademark Strategy

Example: a Benelux trademark covering 3 classes costs EUR 244 + 27 + 81 = EUR 352 in filing fees; accelerated registration adds EUR 196 + 21 + 63 = EUR 280, for a total of EUR 632.

For the same 3 classes, an online EU trademark application costs EUR 1,050 in official fees, about three times as much as a Benelux trademark.

Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

Watch out

Rules specific to the Benelux and common refusals

These are Benelux-specific rules that are easy to overlook, along with common issues in examination and enforcement.

Three countries, one indivisible mark

A Benelux trademark can only be registered, renewed, assigned and revoked for the three countries as a whole; you cannot register or keep it in one country only. If it is refused, declared invalid or revoked, it falls in all three at once, and a mark contrary to public policy or morality in any one Benelux country is also refused.

Without registration, almost no trademark protection

Under Article 2.19 of the Convention, apart from well-known marks within the meaning of the Paris Convention, an unregistered sign cannot be protected as a trademark in court. If you plan to enter the Benelux market, it is safer to register before you start selling.

The BOIP does not check earlier marks; conflicts go to opposition

The BOIP examines only absolute grounds such as distinctiveness and descriptiveness. Owners of earlier rights can oppose within 2 months of publication; if the opposition succeeds, the losing party also bears the other party's procedural costs. If you are opposed and the opponent's mark has been registered for at least 5 years, you can ask it to prove genuine use in the Benelux during the last 5 years.

For English filings, the opponent chooses the language

Under the Implementing Regulations in force since 1 September 2026, when a Benelux application filed in English is opposed, the opponent chooses the language of proceedings from Dutch, French and English. On request, the BOIP can translate the parties' arguments: the first 4 pages are free, and further pages are charged per page.

Agent filings and bad faith

If an agent or representative registers your mark in its own name without authorisation, you can oppose or claim transfer of the mark; marks filed in bad faith can be declared invalid. An earlier right holder who has knowingly tolerated use for 5 years generally can no longer seek invalidity, but this limit does not apply to bad-faith filings.

The 5-year use requirement

Genuine use in the Benelux is required within 5 years of completion of the registration procedure; after 5 consecutive years of non-use, anyone can request revocation. For accelerated registrations, the 5 years run from the end of examination and opposition. Keep dated invoices, advertising and online shop pages as evidence.

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Administrative proceedings

Opposition, revocation and invalidity at the BOIP

You can oppose another party's mark, and seek revocation or invalidity of a registration, directly at the BOIP without going to court first.

ItemOppositionRevocation or invalidity
AgainstA published application not yet finally registered (including accelerated registrations)A registered Benelux trademark, or an international registration in force in the Benelux
Time limitWithin 2 months of publication; for international registrations designating the Benelux, 2 months from publication by WIPONo fixed time limit: can be filed at any time after registration. An earlier right holder who has knowingly tolerated use for 5 years can no longer seek invalidity on relative grounds (except against bad-faith filings)
Who can fileOwners of earlier marks and their authorised licensees, holders of geographical indications, etc.Absolute grounds and non-use: anyone; conflict with an earlier right: the earlier right holder
GroundsConflict with an earlier mark or other earlier rightAbsolute grounds such as lack of distinctiveness, descriptiveness or bad faith; conflict with earlier rights; 5 consecutive years of non-use
ProcedureAfter notice of admissibility, a 2-month cooling-off period, then 2 months for each party to file argumentsThe respondent states its language preference within 1 month, then each party has 2 months to file arguments
AppealTo the Benelux Court of Justice within 2 months of notificationTo the Benelux Court of Justice within 2 months of notification

Revocation or invalidity of an EU trademark must be sought at the EUIPO; the BOIP handles only Benelux trademarks and international registrations in force in the Benelux.

After registration

Keeping the registration

A Benelux trademark is renewed every 10 years and must be kept in genuine use in the Benelux in the meantime.

WhenWhat to doOfficial fee
Within 5 years of registration, and afterwardsUse the mark genuinely in the Benelux and keep dated evidence of use (invoices, advertising, online shop pages, etc.)—
Within 6 months before expiryRenew online for 10 years; you can renew only some of the classesEUR 263 including 1 class, EUR 29 for the 2nd class, EUR 87 for each class from the 3rd
Within 6 months after expiryLate renewal in the grace periodSurcharge of EUR 135
Any timeRecord assignments and licences; changes of name or addressAssignment or licence: EUR 56 for the first, EUR 28 each for the 2nd to 5th; changes of name or address free

The BOIP sends a renewal reminder 6 months before expiry, but not receiving it does not relieve you of the obligation to renew. Once the grace period has passed, the mark can no longer be renewed and has to be filed again, so keep your contact address up to date.

FAQ

Trademark registration in the Benelux

How much does a Benelux trademark cost?

The basic fee is EUR 244, including 1 class; the 2nd class adds EUR 27 and each class from the 3rd adds EUR 81. There is no separate registration fee. For 3 classes, for example, official fees total EUR 352; accelerated registration adds EUR 280. Service fees are quoted by the agent after you submit the order; you pay only after accepting the quote.

How long does Benelux trademark registration take?

According to the BOIP, it takes about 3 months on average from filing to registration, including the 2-month opposition period after publication. If you receive a refusal notice, the first reply period is 3 months, extendable to a maximum of 6 months; if you are opposed, the cooling-off period alone lasts 2 months, so the whole process takes much longer. If you need registration quickly, you can request accelerated registration.

Can I register a trademark only in the Netherlands or Belgium?

No. Belgium, the Netherlands and Luxembourg have no separate national trademark registrations: you can only register a Benelux trademark covering all three through the BOIP, or an EU trademark that also covers them, see EU trademark registration. Through Madrid, too, the Benelux can only be designated as a whole.

Benelux trademark or EU trademark: which should I choose?

If your main market is Belgium, the Netherlands or Luxembourg, choose a Benelux trademark: for 3 classes its official fees are about a third of an EU trademark's, and a descriptive meaning in an EU language spoken outside the Benelux does not trigger the EU rule of refusing the whole application. If you do business in several EU countries, an EU trademark is better value. See the route comparison above.

Can I file a Benelux trademark application in English?

Yes, you can choose Dutch, French or English. But if an application filed in English is opposed, the opponent chooses the language of proceedings, so you may have to respond in Dutch or French; on request, the BOIP can translate the other party's arguments.

What if my Benelux trademark application is opposed?

First look at the earlier mark and the goods it covers. Once the opposition is admitted there is a 2-month cooling-off period in which the parties can negotiate a limitation of the goods or a coexistence agreement, or jointly request suspension. If the opponent's mark has been registered for at least 5 years, you can require it to prove genuine use in the Benelux during the last 5 years; if it cannot, the opposition is rejected.

Other IP rights

Designs: Benelux designs are also registered by the BOIP and are valid uniformly in the three countries for 5 years, renewable 4 times up to a maximum of 25 years.

Patents: the BOIP does not handle patents. You can apply for a European patent through the European Patent Office (EPO); Belgium, the Netherlands and Luxembourg are all parties to the European Patent Convention.

Patent applications are handled through an affiliated patent agency.

Other countries and territories in the region

European Union Intellectual Property Office · Germany · France · European Patent Office · Trademark registration in Europe: country guides

Downloads

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