Trademark Registration in Luxembourg

Luxembourg Trademark Registration – How to Register and its Benefits

Why do you need a Trademark Registration in Luxembourg?

For getting protection in Luxembourg, you must register your trademark in Benelux or European Union as there is no local trademark for Luxembourg. European Union trademark offers protection in Austria, Bulgaria, Belgium, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom. On the other hand, Benelux trademark protects Belgium, Netherlands and Luxemburg. For doing a trademark registration in Benelux, you need to follow the below-mentioned steps.

A trademark attorney will process a trademark registration in Luxembourg by performing the below steps:

Step 1. Trademark’s Comprehensive Study:

Before filing for trademark registration in Luxembourg, it is important to find all probable obstacles that could hinder the registration process. This study helps in making a list of all similar trademarks (graphically or phonetically) that might conflict with the one selected by you.

Step 2. Request of Trademark Registration:

The next step is that an attorney files for your particular trademark registration in Luxembourg and fulfils all needed steps in the Trademark Office for getting approval of registration. After the trademark is filed, the filing report with the application number, date, and a scanned copy of the complete application is sent to you.

Will I have any right after trademark registration in Benelux?

Yes. The first-to-file rule is applied in Benelux. It is compulsory to do trademark registration to establish rights. You might be using an unregistered mark for many years, but that does not guarantee protection or ownership.

Can someone oppose a Trademark Application?

Yes. An application can be opposed on the grounds of propriety rights, for example, if the challenger has registered a very similar mark earlier.

If I get trademark registration in Benelux, will any rights get established?

Yes, the following rights get established by registration:

  • Exclusive usage of the trademark
  • Oppose any conflicting or similar trademark applications
  • Take legal action for any infringement
  • Allot license to third-parties to use the trademark
  • Appeal to seize fake goods from customs authorities

Is Benelux a member of the Madrid System?

Yes. Benelux is a member of the Madrid Protocol and the Madrid Agreement.

Is there any timeline or the approval of trademark registration?

The average timeline for approval of the registration is 4 months, provided no objections or oppositions happen.

If I register my trademark in Benelux, do I have protection in other territories?

All registered trademarks get the necessary protection in Luxembourg, Belgium and Netherlands.

What are the various kinds of trademarks permitted to be registered in Benelux?

Any sign or mark that can differentiate a service or product from its competitors could be registered as a trademark. It could either be a: name, word, sound, device, colour, 3-dimensional shape or a slogan.

Which kind of trademarks are not registrable?

  • Opposing moral standards
  • Anything that is a threat to public order
  • Generic marks
  • Inclusive of name/flag or symbol or a state/region/nation or some international organization
  • Does not have distinctive qualities
  • Considered as geographical names

Post the trademark registration in Benelux, for how many years is it valid?

The trademark registration is valid till 10 years from filing date.

When will I have to renew my trademark?

Renewals can be done every 10 years from the last renewal date.

What would be the renewal date for a trademark?

The first renewal date is after 10 years from the initial application date.

What documentation is needed while renewing a trademark?

No documentation is needed for renewals.

Do I get a grace period after my trademark expires?

There is a grace period of 6 months.

Request a FREE Quote for Trademark Registration in this Country