Oppositions and Invalidity Actions
We are happy to represent you or your client in Oppositions and with Invalidity Actions.
OPPOSITION PROCEDURE BENELUX
The opposition term runs two months from the publication date of the application. After the formalities have been checked, the procedure starts with a cooling off period of two months, which can be extended at the joint request of both parties. The cooling-off period is the period within which parties could negotiate a settlement. During the contentious stage of the opposition, arguments are exchanged only once, after which the Opposition Division takes a decision. An appeal is possible at the Benelux Court of Justice. The party which loses the opposition will have to pay the winning party a compensation.
A registered Benelux trademark could be ex officio cancelled for the following reasons:
- The trademark has not been genuinely used during 5 years after the registration date or during a continuous period of 5 years.
- The trademark is not distinctive (descriptive, laudatory or deceptive).
- The trademark infringes a prior trademark registration.
Decisions of the Cancellation Division of BOIP can be appealed at the Benelux Court of Justice.