Ourlaw firm in the Netherlands offers complete legal solutions to companies and our attorneys who specialize in the trademark legislation (which applies according to the Benelux Convention on Intellectual Property) can offer you legal and practical guidance. You can rely on us if you want to register a trademark in the Netherlands.
Table of Contents
What are the types of trademarks?
According to the Benelux Office for Intellectual Property(BOIP), there are several types of trademarks:
- word marks – these are based on words and they are the name under which certain goods or products are marketed;
- figurative mark – this is the pure figurative one, the logo or label with no text and the one with word elements that is protected as a whole, for all of its elements (the words are not registered separately);
- color and sound mark – as the name suggests, they are based on colors (or combinations of colors) or sounds (a distinctive jingle, for example);
- pattern mark – this is a set of elements that are repeated in a pattern;
- shape mark – the case of a product can be a mark, such as in the case of uniquely designed perfume bottles;
- others – position and motion marks as well as hologram marks.
| Quick Facts | |
|---|---|
| Types of trademarks | Word, shape, colour, sound, pictorial marks |
Multiple class application | Yes |
Pre-application trademark availability verification | Yes |
| Language of the trademark application | Dutch and French |
| Minimum filing requirements | – name and address of the applicant; – legal form of the company; – the application class, the goods and services the trademark will cover; – type of mark, distinguishing features, etc.; – the applicant’s signature. |
| Mandatory trademark representation | Yes |
| Trademark registration fee in the Netherlands | From EUR 244 per class for registration with the Benelux Trademarks Register |
| Time to complete the trademark registration in the Netherlands (approx.) | 3 months |
| Trademark application through local representative | Yes, possible with the help of our team in the Netherlands |
| Power of attorney requirements | Trademark registration in the Netherlands can be performed by a party appointed via a power of attorney |
| Opposition period | 2 months |
| Trademark validity | 10 years |
| Trademark renewal conditions | Six months before the expiration date or six months after this date Renewals are valid for 10 year periods, can be performed indefinitely |
| Conditions to revoke the trademark in the Netherlands | Failure to use the trademark within a prescribed time |
| Assistance for trademark registration in the Netherlands | Complete assistance for the registration of chosen trademarks, patents or designs from our team |
| Government body regulating trademark protection | Benelux Office for Intellectual Property (BOIP) |
Documents required for filing a trademark application | – application form, – proof of fee payment, – specimen of trademark, – authorizations for the use of other trademarks, etc. |
Guidelines for distinctive trademarks | The trademark must be: – non-descriptive, – non-misleading, – non-commendatory |
| Grounds for trademark refusal | – non-distinctive, – contain flags/national symbols without permission, – are morally unacceptable, etc. |
| Trademark infringement | Is the unauthorized use of a registered trademark that creates confusion among consumers. Our attorneys can help in infringement cases. |
| Process of registering a trademark | – research available trademarks, – select trademark type, – select class of goods and services, – file trademark application |
| Publication of trademarks | In the Benelux Trademark Register |
| Nice Classification system used (YES/NO) | YES |
| European registration | With the European Union Intellectual Property Office (EUIPO) |
| International trademark protection (YES/NO) | YES, through the Madrid System |
| Who can own a trademark | – legal entities, – trusts, – estates, – sole proprietorships, – individuals |
| Checking available trademarks | Our Dutch lawyers can help with checking the available trademarks. |
| Grace period after trademark expires | 6 months |
| Benefits of registering a trademark | – exclusive rights to use the mark, – legal protection against infringement, – brand recognition, – can enforce rights through legal action, etc. |
| Additional services provided by our law firm in Netherlands | – VAT registration in Netherlands, – company formation, – accounting, – debt collection, etc. |
What is a distinctive trademark?
When interested in trademark registration in Netherlands, investors must first comply with the requirement to select a distinctive trademark for their company. Below we offer some general guidelines that can help clarify the issue of distinctiveness:
- description – the trademark should not describe the product or service literally (for example, “milk” cannot be the trade name or logo for a company that produces and bottles milk);
- misleading – the trademark is not allowed to mislead the customers, such as using one symbol or word to describe something different or another category of goods (for example, an image of chocolate is misleading for a nutritive supplement);
- emblem – the trademark cannot include flags, official emblems or armed forces bearings (for example, including all parts of the Dutch flag);
- protected items – the sign cannot be a trademark if it is the same as a protected denomination for a plant or a protected geographical indication as well as a protected traditional term for certain goods such as wine.
What information must I provide in order to register a trademark in the Netherlands in 2026?
The application file must contain information concerning the following:
- the name of the applicant;
- the legal personality – natural person or a corporate entity;
- the name of the representative, in the case in which the procedure is completed by a third party;
- the trademark itself;
- the class (or classes) of goods/services;
- the type of trademark;
- the type of registration – standard or expedite.
What are the main steps for registering a trademark in the Netherlands in 2026?
In the list below, our team of lawyers in the Netherlands presents the main steps regarding the registration procedure:
- submission of the file;
- formal analysis of the file made by the BOIP representatives;
- publication of the trademark;
- opposition period;
- provided that during the opposition period there aren’t any claims made, the institution will register the trademark;
- in cases where, during the validity of the opposition, a party opposes the registration, then opposition proceedings will be initiated which can be refused, in which case the trademark will be registered, or the opposition will be accepted, which will result in the refusal of trademark registration.
What is the opposition period?
After you have submitted your file for trademark registration in the Netherlands, the official procedure involves an opposition period, which lasts for 2 months after the Dutch officials have given their consent for the registration. During this period of time, any party can oppose the registration of the trademark, provided that there are plausible reasons to do so.
In the video below, you can watch a short presentation on how to register a trademark in the Netherlands:
What are the main institutions for trademark registration?
Trademark registration in the Netherlands can be made either through the Benelux Office for Intellectual Property or through the World Intellectual property Organization.
To what institution must I address for trademark registration in the Netherlands?
The Netherlands is part of the Benelux countries (comprising Belgium, the Netherlands and Luxembourg) and trademark registration can be made only for the Benelux area (available only for the three countries). The Benelux Office for Intellectual Property (BOIP) deals with trademarks and designs registrations in Benelux and it is based in The Hague, Netherlands.
Who should I contact for international registration?
An international trademark registration can be made at the World Intellectual Property Organization (WIPO).
Are there any registration fees charged in 2026?
Yes, it must be noted that all those who apply for trademark registration must pay a registration fee, which is charged by the institution which will process the application (BOIP).
What are the current trademark fees?
In 2026, those who want to register their trademark in this country must pay the following registration fees:
- EUR 244, for standard trademark registration in Benelux;
- EUR 440, for accelerated trademark registration in Benelux;
- renewal of trademark, EUR 263;
- if you apply for international trademark registration, you can submit your application through BOIP (you can also address WIPO directly), which will forward the application to WIPO, a procedure which costs CHF 100.
In the infographic below, you can discover the main steps on how to register a Dutch trademark:
On what grounds can trademark refusal happen in the Netherlands?
A trademark registration in Netherlands might be refused if it is overly descriptive or lacks a distinctive character. Trademark applications can be refused for other various reasons, including if the mark is deceptive or features flags, official emblems, or symbols without permission from relevant authorities.
What is the validity of a trademark registered in the Netherlands?
Trademark registration in Benelux has a validity period of 10 years. It can be subsequently renewed for another 10 years.
Please contact us for more information on this matter.