Trademark registration is an important step for companies. Legal entities that have already had a registered trademark can choose to oppose a trademark in Luxembourg and protect their own trademark against infringement. By protecting their trademarks, companies in Luxembourg are protecting the reputation and the identity of the company.
The Benelux Office for Intellectual Property (BOIP) is the competent authority for trademarks and designs registration in the Benelux area (Luxembourg, Belgium and the Netherlands). The Benelux Convention on Intellectual Property is the governing law for trademark protection in Luxembourg.
Trademarks in Luxembourg
Companies use specific names of products or services to differentiate their offer from that of competing companies. Also, the company’s name and logo are an important part of the company’s identity. These elements make the company stand out among other legal entities that provide similar services. Trademarks are important tools for creating an impression on the public.
Trademarks in Luxembourg can be:
- distinctive signs;
- a distinctive image;
- the name of the company.
Different colors or combinations of colors can sometimes be registered as trademarks. Also, advertising jingles or other specific sounds can be considered trademarks. However, the Benelux Office for Intellectual Property may refuse to accept the registration of a trademark if certain conditions are not observed.
Our attorneys in Luxembourg
can give you more information about the trademark registration procedure in Luxembourg.
Trademark opposition in Luxembourg
The Trademarks Register contains all the trademarks that are registered and valid in the Benelux area. It is advisable to consult this register before registering your trademark, in order to make sure that you do not copy an existing trademark.
Also, it is advisable to monitor your trademark in Luxembourg and also monitor recent trademarks to make sure that there are no new trademarks that copy your own. Our lawyers in Luxembourg can help you monitor newer trademarks to avoid potential conflicts.
A trademark opposition procedure can be initiated whenever there are new trademarks that conflict existing ones. Natural or legal persons may file an opposition against a more recent trademark when the two trademarks are identical and they are used for the same goods, when similar trademarks for similar goods may confuse the public or when a newer trademark can confuse the public regarding a well-known trademark.
Trademark oppositions must contain:
- the identity of the opponent,
- the trademark that is being opposed
- the original trademark.
A certain application term must be observed and the applicants must pay the opposition fee in two distinctive payments, as indicated by the Benelux Office for Intellectual Property.