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Register your trademarks in just one day!

Register your trademarks in just one day!. Bruno Vanderschoot Information & Promotion Bvanderschoot@boip.int. Index. BOIP How to register Procedures i-Depot. The Benelux Economic Union. 1958: Benelux Treaty signed by Belgium, the Netherlands and Luxembourg

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Register your trademarks in just one day!

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  1. Register your trademarks in just one day! Bruno Vanderschoot Information & Promotion Bvanderschoot@boip.int

  2. Index • BOIP • How to register • Procedures • i-Depot

  3. The Benelux Economic Union • 1958: Benelux Treaty signed by Belgium, the Netherlands and Luxembourg • Main purposes: - To promote the free movement of goods, persons, services and capital - To set up several regional cooperation projects

  4. Benelux Trademarks & Designs legislation • 1962: Convention signed to harmonise trademark legislation • 1971: Uniform Benelux Trademarks Law enters into force • 1975: Uniform Benelux Designs Law enters into force • 2006: New Benelux Convention on Intellectual Property

  5. Benelux Office for Intellectual Property • Only official registration office in Benelux • Seat in The Hague • Working languages: Dutch and French • Employees from each of the 3 member countries: 70 Dutch 25 Belgian 3 Luxembourg

  6. Tasks of the Office • Registering trademarks and designs • Submitting ideas • Administering and updating the register • Informing businesses and the public: searches, publications, seminars … NO ADVISORY TASK • Offering service for the international system and Community trademarks

  7. How to register? • Check the register at www.boip.int: Benelux, EU and international trademarks • Complete the online application form The pdf forms can be filled in with Acrobat ReaderBoip.online.int • Send the form to the Benelux Office for Intellectual Property or the national offices in Brussels and Luxembourg

  8. Accelerated registration • Prompt registration • The accelerated registration procedure offers advantages for applicants who seek international protection for their trademarks • After registration, refusal on absolute grounds and opposition are possible • The BOIP offers faster services than any other similar office in the world!

  9. Procedures • Minimum requirements: • Name and address of the applicant • The trademark itself • The goods and/or services involved • Whether you are applying for an individual or a collective trademark (if collective, you must include regulations of use and control) • The fixed application fee must be paid within one month, for prompt registration within one day.

  10. What is not a trademark? Refusal on absolute grounds • No distinctive character, such as common indications or descriptive signs: NEW ENERGY, HOLIDAY CHEQUE, THE ART OF BANKING • The sign is misleading : UNOX ‘Chicken sauce’ (restriction) • The sign consists exclusively of the shape, which results from the nature of the goods themselves, which is necessary to obtain a technical result or which gives substantial value to the goods

  11. What is not a trademark? Refusal on absolute grounds • The sign is contrary to public morality or public order • The sign comprises flags, heraldry or other emblems that are registered in accordance with Article 6ter of the Paris Convention

  12. Opposition • The Office cannot accept an application when an identical or similar trademark has already been registered • The owner of such a trademark can start an opposition procedure within two months after publication of a new application • This procedure includes a cooling-off period (amicable settlement), exchange of written arguments through the Office, and a Decision by the Office

  13. Whom do we communicate with? • BMM Association of Trademark and PatentAttorneys • (International) IP organisations like OHIM, WIPO, … and IP organisations in the Benelux • Small and medium-sized enterprises • Chambers of Commerce • Universities and Colleges

  14. Means of communication • Brochures • Electronic Newsletter • Workshops • Information services • Exhibitions / Trade Fairs

  15. Designs Registration since 1975 Three-dimensional or two dimensional Registration by forms ( online downloading) : simple design (one product) or multiple design ( more products, different classes possible, maximum 50 designs),costs less, for big collection No research by BOIP Registration in 2 months in case when file is complete Duration 5 years, maximum 25 years

  16. i-DEPOT • Assigns a specific creation date to an idea • The i-DEPOT has been available since 1999 • Originally by envelope, but online since November 2007 • Duration 5 years; unlimited extension • 1,252 i-DEPOTS sold in 2007 (40 online)

  17. Why an i-DEPOT? • First step in the development of an invention or technological know-how • Before patent, trademark, design • Secret weapon during negotiations (industrial espionage) • Offers legal evidence • To attract investment for the development of your invention

  18. Fees • Basic fee for trademark registration in 3 classes: €240 • Basic fee for a simple design registration for 5 years: €108 • i-DEPOT (envelope) for 5 years: €45; for 10 years: €65 • i-DEPOT (online) for 5 years: €35 • Recording multiple ideas via a credit account: one-off rate €350; 20 credits €100; 50 credits €225; 100 credits €400; 250 credits €875 ; 500 credits €1,250 • One i-DEPOT costs 1 credit (10MB)

  19. Any questions?

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