Trade marks Benelux convention Flashcards
(24 cards)
Art. 2.1 – What Can Be a Trademark
Any sign (words, logos, shapes) that can distinguish goods/services.
🧠 Can include packaging, colors, and personal names — but must be visually representable.
Art. 2.2 – How You Get a Trademark Right
You get the right by registering the trademark in Benelux or internationally.
🧠 First to file wins.
Art. 2.3 – Priority Rules
Earlier registrations win if there’s confusion or similarity.
🧠 Even if it’s not the same product, fame matters.
Art. 2.4 – When You Can’t Register a Mark
Not allowed if the mark is:
Immoral
Misleading
Generic
Filed in bad faith
🧠 Always check these absolute grounds for refusal.
Art. 2.5 – Filing Procedure
File with Benelux Office or national authority.
🧠 Must meet formal requirements for a valid filing date.
Art. 2.6 – Priority Claims
You can claim earlier rights from another country (Paris/TRIPS) during filing.
🧠 Must be claimed at filing or within one month.
Art. 2.9 – Registration Duration & Renewal
10 years, renewable every 10.
🧠 You get reminders, but you must act—renewals are not automatic.
Art. 2.11 – Refusal on Absolute Grounds
Refused if the sign is:
Not distinctive
Descriptive
Commonly used in trade
🧠 Common problem: signs like “fresh milk”.
Art. 2.14 – Objection (Opposition) Procedure
Prior owners can object to new filings within 2 months of publication.
🧠 Based on likelihood of confusion or famous marks.
Art. 2.20 – Rights of the Trademark Owner
Right to stop others from using similar/identical signs if it causes confusion.
🧠 Covers use in ads, packaging, imports, etc.
Art. 2.26 – When Trademark Rights Lapse
Your rights expire if:
Not used for 5 years,
Becomes generic,
Is misleading
🧠 Use it or lose it.
Art. 2.28 – When a Trademark Can Be Cancelled (Nullity)
Anyone can ask for cancellation if the mark:
Was invalid from the start
Conflicts with earlier rights
🧠 Some limits are time-based (e.g. 5 years).
Art. 2.32 – Licensing
Owners can let others use their trademark through licenses.
🧠 The license must follow clear rules (scope, quality, area).
Art. 2.34 – Collective Marks
Marks used by groups to certify origin/standards.
🧠 Can’t be used by the owner for their own goods.
Art. 2.36–2.40 – Collective Mark Rules
Must have clear rules for use and control.
🧠 Without those, the mark can’t be registered or enforced.
What is a Trademark?
Law (Art. 2.1):
A sign that can be shown visually and identifies a product or service.
Example:
A logo like Nike’s swoosh or the name “Coca-Cola”.
Exam Tip:
“This is an individual trademark because it visually identifies the product and distinguishes it from competitors.”
What Can’t Be a Trademark?
Law (Art. 2.1(2) & 2.4):
You can’t register a trademark if it:
Is just the product’s shape (if it’s needed for function or value),
Is immoral or misleading,
Was filed in bad faith,
Is too generic or descriptive.
Example:
You can’t register a wine brand called “France” if the wine isn’t from France.
How to Get a Trademark Right?
Law (Art. 2.2):
You get trademark rights only by registration in Benelux or through international filing.
Example:
If a Dutch startup files a logo for their tech brand, they own it after registration.
What Rights Does the Owner Have?
Law (Art. 2.20):
The owner can stop others from using:
The same or similar mark
For similar goods/services
If there’s a risk of confusion or harm to reputation.
Example:
“iFon” for phones would confuse consumers because it sounds like “iPhone”.
When Can Someone Challenge It?
Law (Art. 2.14–2.17):
Others can file an objection within 2 months if:
They have an earlier similar trademark,
There’s a risk of confusion.
example:
A Belgian company owns “Green Tea” and objects when “Grean Tee” is filed.
When Can a Trademark Be Lost?
Law (Art. 2.26):
A trademark is cancelled if:
Not used for 5 years,
Becomes generic,
Is misleading due to how it’s used.
Example:
If “EcoBrush” hasn’t been sold in 5 years, it can be cancelled.
Trademark Licensing
A trademark can be licensed for use. The licensee must follow rules (like location, product type, or quality).
example: Coca-Cola gives a Dutch company a license to sell Coke in Benelux.
🎤 Exam Tip:
“License must follow limits or the owner can enforce their rights.”
Collective Trademarks
Law (Art. 2.34):
Used by groups to show products meet shared standards or come from a region.
Example:
A logo for “Benelux Organic Farmers Association” used by certified farms.
🎤 Exam Tip:
“This isn’t for one business—it’s for a group with shared rules.”
