As from 1 June 2018, important new rules will apply to proceedings before the Benelux Office of Intellectual Property (BOIP).
First of all, it will be possible to seek the cancellation or revocation of Benelux trademarks directly before the BOIP. As such, it will no longer be necessary to initiate legal proceedings before a national court in order to obtain the cancellation or revocation of a Benelux trademark, although this possibility will continue to exist.
Also, as from 1 June, owners of well-known trademarks will be able to oppose the registration of similar trademarks for non-similar goods and services, provided that use of these trademarks without due cause would take unfair advantage of, or be detrimental to the distinctive character or the repute of their well-known trademark.
Finally, appeals against the decisions of the BOIP have to be brought before the Benelux Court of Justice. It will no longer be possible to appeal the BOIP’s decisions before the Courts of Appeal of Brussels, The Hague or Luxembourg.
The new rules are available here (new Benelux Convention on Intellectual Property) and here (new Implementing Regulations under the Benelux Convention).
For further information on this topic and/or for general legal advice relating to IP/IT, please contact Karel Janssens.