After the registration of a Benelux trademark, various events may occur during the life of the trademark. To ensure the validity of the trademark in the Benelux or of certain transactions, it is necessary to inform the trademark registration authorities of these events, either online in My BOIP or via a form.
These changes are integrated into the trademark register and are enforceable against third parties from the moment they are published.
The changes to be notified pertain to:
- the transfer or other transmission of a trademark (a written document is required for transfers inter vivos!). You also need to indicate, next to the details of the purchaser, whether it is a total or partial transfer (limited to certain products and services in the last case). To be valid, the transfer or other transmission must necessarily cover the entire Benelux territory;
- the granting of a licence (no written agreement needs to be submitted) or the cancellation of the licence;
- the creation or cancellation of a right of lien;
- the seizure or cancellation of the trademark;
- the revocation of the filing or the decision to cancel the registration;
- the limitation of the list of goods or services for which the trademark is registered;
- changing an agent, including their appointment after the registration of the trademark;
- any change in the name and/or address of the applicant, agent, holder or licensee;
- correction of pen errors attributable to the holder after registration;
- only for collective trademarks and certification trademarks: amendments to the regulations governing use. (The new regulation must be attached.)
For some of these changes, a fee will have to be paid. Consult the list of tariffs relating to trademarks.