Steps involved in registering a trademark

After developing an effective trademark strategy, we register your trademarks in the relevant countries. Registration is a condition for legal protection.

Our trademark attorneys guide you through the entire process: from preliminary search to application, registration and publication. Preferably, they also monitor it to allow opposition proceedings to be instituted and action to be taken in case of trademark infringement.

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The process in six steps

Step 1
Intake meeting

We first discuss your trademark needs. Our trademark attorneys explain the process and determine the best strategy for your trademark, including the choice of classifications and geographical scope.

Step 2
Preliminary search

We carry out a comprehensive search to ensure that your desired trademark is available and does not infringe on existing rights. This step is essential to avoid potential legal disputes

Step 3
Filing the application

Once the search results are favourable, we prepare your trademark application and file it with the relevant authorities. This comprises providing detailed information about your trademark and the goods or services it represents.

In principle, a trademark must be registered in every country, but important exceptions exist such as the Benelux trademark, the EU trademark and international registration.

After registration, your trademark is valid for a period of 10 years. It can be renewed for further 10‑year periods. Subject to renewal your trademark remains your property.

Step 4
Formal assessment

The public authority assesses your application to ensure it meets all legal requirements. This process usually takes several months but we keep you informed throughout. In any case, your trademark is protected from the filing date provided the trademark is eventually registered.

Step 5
Publication and opposition

Once approved, your application is published in the official trademark register of the chosen country or region. This marks the start of the opposition period, during which time third parties may oppose your application in the so-called opposition proceedings. We represent your interests in the event of any opposition.

Step 6
Issue

After all stages have been successfully completed, you receive the official registration certificate. This grants you the exclusive right to use your trademark for the goods or services for which it is registered.

Discuss your trademark with our trademark attorneys

We guide you through the entire process.

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What is an availability search?

An Availability Search is a legal investigation, usually carried out in the field of trademark law, to determine whether a trademark or logo is available for use and registration. It prevents conflicts and avoids investments in a trademark being lost due to opposition proceedings.

How does the registration of a Benelux or EU trademark work?

Before filing a trademark, we conduct an availability search, check the formalities and classification, and verify that the trademark meets all formal requirements. Only then can we apply for the trademark registration.

for the Benelux (BBIE):

  • Publication of the trademark application in the Register – approximately 4 weeks
  • Opposition period: for a period of two months following publication, a prior trademark owner may oppose the trademark registration.
  • If no opposition is filed (or if it is rejected), the trademark is registered and the registration is published. The period between the application of the trademark registration and the final registration usually takes around three months.

For the European Union (EUIPO):

  • Publication of the trademark application in the Register – approximately 6 weeks
  • Opposition period: for a period of three months following publication, a prior trademark owner may oppose the trademark registration.
  • If no opposition is filed (or if it is rejected), the trademark is registered and the registration is published. The period between the application of the trademark registration and the final registration usually takes around seven months.
How long is a Benelux or EU trademark valid?

A trademark is valid for a period of 10 years and can be renewed for further periods of 10 years. So, subject to renewal, a trademark can remain your property.

What rights do I have once my trademark is registered?

After registration, a trademark owner has the following rights:

  • The trademark can be sold or licensed to others to generate income.
  • Legal action against counterfeiting can be taken.
  • The registration of identical or similar marks when they are used for identical or similar goods or services can be opposed.
  • If a trademark enjoys a high level of recognition, it is possible, in certain circumstances, to take action against highly similar trademarks used for dissimilar goods or services.
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