How to register a trademark and a logo?

Why register your trademark? 

When you register your trademark, you obtain the exclusive right to use your company name, slogan or logo in your sector. This gives you numerous advantages: 

• You avoid potential confusion and increase your brand recognition 
• You create the opportunity to sell your brand name later 
• You acquire the legal right to your brand name and can easily combat misuse

How register a brand name?

The brand name is the name you use to refer to the entirety of your products and services. Do not confuse it with the name of your company, which is registered with the Crossroads Bank for Enterprises. 

Registering a brand name is actually quite straightforward: 

1. Start by checking whether your brand name already exists. Are you active in Benelux? Check the Trademark Register at the Benelux Office for Intellectual Property (BOIP).  
2. Is your trademark already listed? In that case, check whether the products and services for which that trademark is registered match those of your intended trademark. If so, it would be wise to think of another name. This is to avoid legal conflict with the other party, such as an opposition (objection).   
3. Search also for variations of your name. For example, as well as searching for 'Elisa', search for 'Eliza'. And search for your brand name online, as well as in the trademark register.  
4. Have you concluded that your brand name does not exist? Then check that your name is distinctive. A trademark should not be:     
       a. Descriptive (e.g. the name 'baker' for a bakery) 
       b. Misleading (e.g. the name 'Smiths vegaburger' for meat products) 
       c. Or commendatory (e.g. the name 'Best Ever' for chocolate) 
   
   The BOIP will assess whether the brand name is distinctive in relation to the products and services for which you are applying.   
5. If your trademark is distinctive and no opposition is filed within the 2-month opposition period (or an opposition is rejected), the BOIP will register the trademark in the BOIP Trademark Register.  
6. For more information, check also the step-by-step guide to registering a Benelux trademark.    

How to register a logo?

Your logo - or your figurative mark in the legal jargon - is the visual component of your trademark. Specifically, it is an illustration which may or may not be accompanied by text. In this case too, it must be a recognisable and unique part of your trademark and you must register it with the BOIP. 

The process for registering your logo is as follows: 

1. Check that a similar logo does not already exist 
2. Choose the classes or categories under which your products or services fall to protect them in the correct field (e.g. chemical products, musical instruments, furniture, etc.). 
3. Submit your figurative mark to the BOIP 
4. The BOIP may object if your logo does not meet the requirements 
      a. Relevant: it sufficiently describes your products or services 
      b. Lawful: it complies with public order and morality 
      c. Legitimate: your choice of this logo is justifiable 
5. Your logo is officially registered 

What does it cost to register a trademark? 

The cost of a trademark registration varies according to the class - type of clearly defined sector - for which you require protection and how many classes you choose. 

For example, if you require protection for every possible activity in food, you must select them. 

The prices for procedures in Benelux are as follows: 

• Trademark registration for a period of 10 years: €244 for a single class 
• Additional charge to register a 2nd class: €27 
• Additional charge to register a 3rd class or to register additional classes: €81 
• Additional charge for expedited registration for one class: € 196 (+€ 21 for a 2nd class/+ € 63 from 3rd class onward) 
• Renewal of the trademark registration for 10 years: from €263 per class. 

Please note: if the BOIP rejects your application, your fee will not be refunded. Be sure, therefore, to thoroughly research every component and make your application as watertight as possible. Ideally, bring in experts to support your application so that you do not lose  money unnecessarily.