Trademark registration in the Netherlands

The Netherlands, a small country in Western Europe, is famous for its thriving and dynamic economy. Located in the center of Western Europe, the Netherlands owns a favorable geographical position for trade and connection with major markets such as Germany, France, Belgium, and the UK. Modern seaports, especially Rotterdam, Europe’s largest seaport, make the Netherlands an important shipping hub. The Netherlands has a highly developed mixed market economy, ranking 17th in the 2023 Index of Economic Freedom. The economy is characterized by a combination of strong industries, a thriving service sector and a tradition of international trade. The service sector, which accounts for 73.2% of GDP, is the largest sector in the Dutch economy including the financial sectors containing ING Groep, ABN AMRO groups. In terms of tourism, Amsterdam, Rotterdam, The Hague are famous tourist destinations. The Netherlands has a long and open trade tradition, with a high level of exports (86.7% of GDP), the Netherlands mainly exports agricultural, industrial and service products to markets worldwide. Therefore, more and more businesses are expanding their business scope in the Netherlands, but many businesses do not know how to protect their brands in this harsh market. One of those ways is to register a trademark, Viet An Law would like to guide customers preliminarily the procedure for trademark registration in the Netherlands through the article below.

Legal basis

• Benelux Convention on Intellectual Property (trademarks and designs) (amended until 11 December 2017)

General overview of trademarks in the Netherlands

• A trademark can be any word, symbol, or image, or a combination of these elements.
• It is used by businesses, companies, or individuals to differentiate their products or services from other products or services in the market.

Conditions for trademark registration in the Netherlands

Distinguishability: Your brand must be unique and capable of distinguishing your product or service from that of others. It cannot be generic or descriptive about the goods or services it represents. For example, you can’t register “Coffee” for your coffee brand because it’s too generic.

Legal: A trademark must not deceive, offend or violate any applicable law or regulation in the Netherlands. It also must not infringe any pre-registered trademark. For example, you can’t use a logo whose design closely resembles an existing brand’s logo.

Can be represented by images: The trademark must be able to be represented by images. This means that it can be described in a way that allows for clear identification in the Trademark Registry. This could be your logo design, product labels with your brand name, or any other visual representation of your trademark.

Trademark registration in the Netherlands

In the Benelux, there is no longer a national registration system, the protectorate covers the territory of all 3 states. Rights to the Benelux trademark are established by filing an initial application at the Benelux Intellectual Property Office or through the Ministry of Economic Affairs, Intellectual Property Office.

Note: The Benelux is the collective name for an economically connected region of three small countries located in Northwestern Europe: Belgium, the Netherlands and the Netherlands.

Trademark registration in the Netherlands through the Benelux System

The applicant will need to provide the following information:

• Ownership and contact information;
• A sample of the applicant’s trademark (for example, an image of the logo or a sound recording of the sound);
• A list of products and/or services to which the applicant’s trademark intends to apply and the corresponding class number;
• Proof of payment;
• Power of attorney (in case the applicant submits an application through a representative).

If you wish to register a trademark in the Netherlands via Benelex’s system, please visit the following link and follow the instructions:

https://my.boip.int/myportal/auth/login?service=https%3A%2F%2Fmy.boip.int%2Fauth%2Frealms%2Feutm-filing%2Fbroker%2Fcas%2Fendpoint?state%3DZnbxBKj1CbEn2jhcxVcXT-86xexGF-M855oXc7ijRcw.7_4zDqS6I2g.eutm-efiling

Trademark registration in the Netherlands through the European Union (EU) System

If the business expands to a European level, the owner can file a European trademark application at the European Union Intellectual Property Office (EUIPO). Community marks have legal force and are equally protected throughout the European Union.

• The EU trademark provides uniform protection across all member states of the European Union.
• The European Union Intellectual Property Office (EUIPO) in Alicante (Spain) is responsible for registration.
• The initial term of protection of the EU trademark is ten years. It can be renewed indefinitely according to subsequent ten-year terms.
• Regulation (EU) No 2017/1001 of the European Parliament and Council of 14 June 2017 contains all legal provisions relating to EU trademarks.

Trademark registration documents in the European Union (EU)

Application form: The application form is downloadable from the European Union Intellectual Property Office (EUIPO) website. The applicant needs to complete information about the owner, trademark, and list of goods/services.

Brand image: Clear, sharp, fully branded images in JPG or PNG format, up to 2 MB in size.

List of goods/services: A detailed description of the goods/services for which you want to protect your trademark through the Nice classification system.

Registration fee: Basic fee: €850 for each additional class of goods/services the fee will increase by €150

Trademark registration in the Netherlands through the Madrid System

If the enterprise owns the trademark and wants international protection, then the Madrid Agreement and Protocol on the International Registration of Trademarks allows for the protection of this trademark in all member states simply by filing a single application in a single office,  one language and pay only a series of fees in a single currency (Swiss franc). International registration has the same effect as the national procedure carried out in each individual country. To file an international trademark application, the owner must already own the trademark or at least have filed a similar national trademark application.

The Madrid system is a convenient and cost-effective Dutch league for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• The Netherlands acceded to the Treaty of Madrid on March 1, 1893.
• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• The Netherlands acceded to the Madrid Protocol on 1 April 1998.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles include the Madrid Singles of Vietnamese origin and the Madrid Singles with Dutch designations.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declaration forms according to the form of the International Office in English or Dutch;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and
• Additional fees depend on where the claimant wishes to protect his trademark and the number of classes of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in the Netherlands of Viet An Law Firm

• Carry out the search and notify customers in writing the results of trademark search in the Netherlands;
• Draft the dossier and directly file and monitor the status of the trademark application filing on behalf of the trademark owner in the Netherlands;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in the Netherlands;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in the Netherlands.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in the Netherlands, please contact Viet An Law Firm for the most effective support.