Oppose a Trademark in Belgium
Oppose a Trademark in BelgiumUpdated on Friday 11th September 2015
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Trademark registration in Belgium
Companies that want to register trademarks in Belgium must observe the legislation applicable in the state where the applicant seeks the protection of the trademark. For Belgium, the applicable trademark legislation is governed by the Benelux Office for Intellectual Property.
Trademarks can be opposed in Belgium within a specific time-frame and under certain conditions. Our Belgian law firm can help you make the application to register a trademark if your company is located in one of the Benelux countries and can help you with the legal proceedings for trademark opposition, should your trademark be involved in such a case.
Oppose a trademark in Belgium
In order to be able to protect their trademarks, companies or individuals must first register their trademarks at the relevant authorities. Foreign investors can register a trademark in the European Union, as the Community trademark gives them more protection, within the entire European Union, and not only within the Benelux countries, as would be the case of a simple registration at the Benelux Office for Intellectual Property.
Generally, a trademark is opposed by the holder of an existing and already registered trademark that is similar or the same as the new trademark. The applicant of a new trademark can file an opposition against a trademark that is in order behind their trademark and awaits registration. Trademark oppositions can also be filed when the suspicion exists that a new trademark may cause confusion for an existing one.
Persons or companies wanting to oppose a trademark which are not present in the country or region where the trademark is registered can be represented by an authorized person, by means of a power of attorney. Companies can authorize an employee to make the opposition on the company’s behalf.
Current legislation stipulates that in order to oppose a trademark in Belgium, the applicant must wait two months from the firs of the month in which the new trademark was published in the Gazette of International Marks.
Trademark owners in Belgium
A trademark owner in Belgium has exclusivity on using his registered trademark. This right also means that he can defend the trademark against any violation or any third party that interferes with it.
If you need to file a trademark opposition or need to take legal action against such an opposition case, our Belgian law firm offers litigation assistance and other legal services suited to your needs.
You can contact our Belgian lawyers for more information on trademark protection in the country.