This new administrative procedure offers trademark holders a number of appealing advantages:
With effect from 1 June, the Benelux Office for Intellectual Property (BOIP) has started to accept cancellation requests if a trademark:
In addition, it will become an option in the future to base this procedure on:
Now that the cancellation procedure has come into force, you can oppose a trademark after it has been registered, even after the opposition proceedings have ended, without having to conduct costly and lengthy legal proceedings.
In addition to the aforementioned advantages, trademark registrations can now also be opposed on grounds other than merely infringement of earlier rights. At present, opposition proceedings can only be lodged based on the existence of earlier trademark rights.
Lastly, the cancellation procedure does not come with a cooling-off period (a period in which the parties are offered the opportunity to settle the matter), which opposition proceedings do offer.
Please contact your NLO Shieldmark trademark attorney if you have any questions about this message or want to learn more about your options. We would be pleased to be of further assistance to you.Contact our experts