First of all, we look at whether your trademark has distinctiveness. If the name of the trademark is not distinctive or descriptive, it cannot function as a trademark. A trademark must be suitable to distinguish the goods of one company from another company.
If it is established that your application can function as a trademark, an identical trademark search will be carried out for your application. This identical trademark search shows whether your trademark already exists. If an identical or similar trademark exists for similar products or services, it is unwise to register your trademark. We perform this identical trademark search for you free of charge.
If it has been established that no objectionable identical trademarks have been found, it is recommended to conduct more comprehensive research. An identical trademark search only looks at identical trademarks, so a search for Alida Maria only looks at ALIDA and MARIA. Comprehensive research includes, for example, ADILA, AIRAM ,AALIDA, AKLIDAM, DAMA IDAM, LIMA, MALI, RAMA, etc. If no objections are found here either, we will work with you to prepare the exact classification of your trademark application. If you agree with this classification, your trademark will be submitted.
Once your trademark has been filed, the application will be processed by the Benelux trademark authorities. These authorities examine whether the trademark has distinctiveness and can function as a trademark. After the trademark has been found to be in order on formal and absolute grounds, the trademark will be published.
Following publication, interested third parties will have the opportunity to file an opposition if they believe they have prior rights.
If no opposition is filed, the trademark will be registered as a trademark in the Benelux trademark registers upon expiry of the opposition period. You will receive a certificate of registration, which completes the registration procedure.
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