LUXEMBOURG Law and Practice Contributed by: Romain Tiffon and Marie Bentley, ATOZ Tax Advisers
tion may also extend to the use of identical or similar signs that take unfair advantage of, or are detrimental to, the reputation or distinctive character of a well- known trade mark. In principle, trade mark rights arise through registra - tion. Unregistered trade marks do not generally ben - efit from protection, except in limited circumstances relating to well-known marks. A trade mark is gener - ally protected for a period of ten years from the fil - ing date. Registration may be renewed indefinitely for successive ten-year periods, provided that the appli - cable renewal requirements and fees are satisfied. Luxembourg does not have a national trade mark pro - tection scheme. Trade mark protection in Luxembourg is governed by the EU Trade Mark Regulation (EU) 2017/1001 and the Benelux Convention on Intellectual Property. Applications may be filed with the Benelux Office for Intellectual Property (BOIP) or through the relevant national authority, which in Luxembourg is the Intellectual Property Division of the Ministry of the Economy. Trade mark protection obtained through a Benelux registration extends automatically to Bel - gium, the Netherlands and Luxembourg. Businesses seeking broader protection across the European Union may apply for an EU Trade Mark (EUTM), which provides unitary protection throughout all EU member states. The trade mark registration process typically takes approximately four months for Benelux registrations, nine to ten months for EU trade marks, and between four and 24 months for international registrations, depending on the jurisdictions concerned. Once reg - istered, trade mark protection takes effect retroac - tively from the filing date, which therefore constitutes a key element of the registration process. The official filing fees for trade mark registration vary depending on the territorial scope of protection. The standard fee for a Benelux trade mark covering up to three classes is EUR240, while the registration of an EU trade mark covering three classes generally costs between EUR900 and EUR1,050. For international trade mark registrations, applicants pay a single set
of fees to the World Intellectual Property Organization (WIPO). The applicable registration fees must be paid within one month of the filing date. Failure to do so will result in the date of receipt of payment being deemed the filing date of the application. As the filing date deter - mines the priority of trade mark rights and their prec - edence over subsequent applications, timely payment is of particular importance. Enforcement and Remedies Trade mark owners may enforce their rights through administrative or judicial proceedings. At the administrative level, the proprietor of an earlier trade mark may initiate opposition proceedings before the BOIP against a later-filed mark that infringes its rights. The BOIP may also hear applications for the revocation or declaration of invalidity of registered trade marks on specified grounds. Appeals against BOIP decisions fall within the exclusive jurisdiction of the Benelux Court of Justice. At the judicial level, trade mark owners may bring infringement proceedings before the Luxembourg District Court. In urgent cases, the trade mark owner may also seek interim injunctive relief through sum - mary proceedings before the President of the Luxem - bourg District Court in order to prevent or stop ongo - ing infringement. 7.3 Industrial Designs Definition An industrial design (or drawing and design) is the visual appearance of a product, including its shape, lines, contours, colours, texture, materials or orna - mentation, provided that these features are aesthetic rather than purely functional in nature. Drawings relate to two-dimensional representations, while designs generally concern three-dimensional objects. Registration Ownership and exploitation rights in a drawing or design may be exercised either by its creator or by any person or entity that has lawfully acquired such rights. To qualify for protection, a design must:
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