From 1st June 2018 on, it will be possible to request the cancellation of a Benelux trademark before the Benelux Office for Intellectual Property (BOIP) within a smooth and cost effective way.
The new Benelux trademark law foresees the cancellation of Benelux trademarks for absolute and relative grounds. This means that administrative proceedings are open to interested parties, and that court actions are not required anymore.
- prior trademark rights (trademark application or registration, such as well-known trademark rights) may be invoked against a Benelux trademark registration.
- the cancellation of a Benelux trademark registration may also by requested on absolute grounds or for non-use of the trademark in the Benelux territory.
It will however not be possible to invoke non-registered trademark rights, such as domain names or company names before the BOIP.
The cancellation proceeding will be similar to the opposition proceeding and thus foresees the possibility of the parties to amicably settle the conflict (with reimbursement of taxes in several cases) and the joint requests for suspension of the proceedings.
The loosing part will have to reimburse the fix amount of 1400,- EUR to the other party.
The official fees for filing a cancellation action are of 1400,- EUR.
Please do not hesitate to contact us, should you require additional information or a specific quote on this new procedure.