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You register a trademark with BOIP (Benelux) or EUIPO (Europe). Costs start at €240 (BOIP, 1 class) or €850 (EUIPO, 3 classes). Duration: 10 years, renewable indefinitely. Required: a distinctive mark that is not descriptive and does not conflict with existing marks. Registration gives you the exclusive right to use the mark in the applied-for classes — without registration, you stand virtually no chance in the event of infringement. Below: procedure, choice of classes, and costs in detail.
The short answer
- Where: BOIP (Benelux) or EUIPO (EU) — for worldwide via the WIPO Madrid system.
- Costs: BOIP €240 (1 class), EUIPO €850 (3 classes).
- Term: 10 years, renewable indefinitely.
- Condition: distinctive, non-descriptive, no conflict with existing trademarks.
- Procedure: 4-6 months from filing to registration (no opposition).
Why register?
Without trademark registration:
- Someone else can register your name — you then have to change it.
- Infringement proceedings are difficult without a registered trademark.
- Regarding EU imports of counterfeit products: customs cannot enforce compliance without a trademark.
- Investors and buyers want to see IP position.
With trademark registration:
- Exclusive right to use the trademark in registered classes.
- Basis for oppositions against later recorded overlap.
- Solid basis for enforcement (demand letter, summary proceedings, damages).
- Customs can stop counterfeit goods at the EU border.
Classification system (Nice classification)
45 international classes, divided into:
- Classes 1-34: goods (chemicals, food, clothing, machinery, etc.).
- Classes 35-45: services (advertising, financial, legal, etc.).
You register a trademark by class. Choose classes based on what you sell — not all 45 (too expensive and can lead to invalidation).
Example Maya's MayaDesign:
- Class 35: advertising, design services.
- Class 41: Culture and Education (workshops).
- Class 42: technology and graphics services.
Costs in detail
BOIP (Benelux)
- €240 for 1 class.
- +€27 for each additional class (up to class 4).
- +€81 from 4th class.
- Validity: 10 years, renewal € 263.
EUIPO (EU)
- €850 for 1 class.
- +€50 for 2nd class.
- +€150 for each extra class.
- Validity: 10 years, renewal €850-€1,350.
Plus possible costs
- Preliminary research by trademark agency: €250-€1,500.
- Application by trademark agent: €500-€2,000.
- Defending the opposition: €1,500-€10,000.
Procedure
- Preliminary search: check existing trademarks in BOIP/EUIPO registers.
- Submission: online via the BOIP or EUIPO portal. Name/logo, classes, payment.
- Formalities check:BOIP/EUIPO checks formal requirements (1-2 weeks).
- Substantive assessment: BOIP/EUIPO assesses distinctiveness and descriptiveness.
- Publication: in an official gazette — opposition period 2-3 months.
- Registration: in the absence of opposition or after defense — certificate issued.
Total: 4-6 months with a smooth process, 9-18 months with opposition.
Distinctiveness
BOIP/EUIPO refuses trademarks that:
- Be descriptive of products/services (“Heerlijke Kaas” for cheese).
- To be generic (“Pen” for pen).
- Resemble existing brands in the same class.
- Being misleading about origin or quality.
- Harmful to public order or morality.
Strong: made-up word (Google, Sony), suggestive name (Twitter), arbitrary application (Apple for computers).
What to do after registration?
- Use the trademark within 5 years — otherwise forfeiture is possible.
- Monitor new registrations for potential infringements.
- Renew in good time (6 months before expiry).
- By extension international: WIPO Madrid System.
Honest recommendation
For every SME with a brand name/logo: register before market introduction. BOIP (€240) for Benelux-oriented, EUIPO (€850) for EU ambitions. Conduct preliminary research (yourself via the BOIP search function or via a trademark agency) — this prevents opposition afterwards. For complex trademarks or international plans: engage a trademark attorney. Renew on time — forgotten renewal = loss of protection.
For other topics: coming up with a good brand name, checking a brand name , and registering a brand worldwide.
Frequently Asked Questions
BOIP (Benelux): €240 for 1 class. EUIPO (EU): €850 for 1 class, €1,050 for 3 classes. Plus optional: preliminary examination (€250-€1,500) and application via trademark office (€500-€2,000).
In the event of a smooth process, 4-6 months: submission, formality check, substantive review, publication, opposition period (2-3 months), registration. In the event of opposition or refusal: 9-18 months or longer.
Classes based on what you actually sell — not all 45 (too expensive, risk of invalidation). The Nice classification has goods classes 1-34 and services classes 35-45. Preliminary research helps with class selection.
10 years, subsequently renewable indefinitely by 10 years. Renewal costs €263 (BOIP) or €850–€1,350 (EUIPO). Renew on time — 6 months before expiry. Forgotten renewal = loss of protection.
BOIP/EUIPO refuses descriptive or generic trademarks. Strong examples include: invented words (Google, Sony), arbitrary application (Apple for computers), and suggestive names (Twitter). Descriptive names can, however, still be protected through their “established” character.
In the 2–3 months following publication, the holder of an earlier trademark may lodge an objection. BOIP/EUIPO handles the case — if well-founded, the new trademark is rejected. Defense against opposition costs €1,500–€10,000 plus the deductible for a counterclaim.
Yes — actual use for registered classes within 5 years of registration. Otherwise, a declaration of forfeiture may be required. Retain proof of use (invoices, marketing materials).
