LUXEMBOURG Law and Practice Contributed by: Emmanuèle de Dampierre, Elvinger Hoss Prussen
3.7 Copyright Registration In Luxembourg, authors’ rights protection is automatic as long as the work created is original. Authors’ rights protection is not subject to registration, so there is no authors’ rights register in Luxembourg. In Luxembourg, a special notice of authors’ rights ownership is not required for an original work to be protected. The copyright symbol © may be used to draw the attention of the public to the existing authors’ rights protection over a particular work, but such use is made on a voluntary basis. 3.8 Copyright Application Requirements This is not applicable in Luxembourg. 3.9 Refusal of Registration This is not applicable in Luxembourg. 3.10 Related Rights A work protected by authors’ rights (such as a logo) may also be protected by trade mark or drawing/ design, provided that the respective conditions for protection are met.
for further periods of ten years (indefinitely if not can - celled or revoked in the meantime). Renewal will take place upon the payment of the renewal fees, which should be paid within the six months immediately preceding the expiry of the reg - istration or of the subsequent renewal thereof. Failing that, the fees can be paid within a further six months immediately following the expiry of the registration or of the subsequent renewal thereof, if an additional fee is paid simultaneously. The payment of the fees is the only step required to renew a trade mark (no proof of usage is required). Failing to pay these fees within the time allowed would result in the expiry of the trade mark and lapse of the right. 4.4 Application Requirements An application for the registration of a Benelux trade mark should contain the following in particular: • the applicant’s name and address (and its legal form if it is a legal entity); • where applicable, the representative’s name and address, or the correspondence address in the EEA; • the trade mark (graphic representation or any rel - evant file, such as mp3); • a list of the goods and services for which trade mark protection is sought, including the numbers of the classes in which these goods and services are grouped in conformity with the Nice Clas - sification (multi-class trade mark applications are allowed); • a specification of the trade mark describing wheth - er it is a word trade mark, a figurative trade mark, a complex trade mark, a three-dimensional (form) trade mark or another type of trade mark; • where applicable, the colour codes of the trade mark; and • the signature of the applicant or their representa - tive. The fees for registering an individual Benelux trade mark in one class start from EUR244. The second class costs EUR27 and the addition of other classes costs EUR81 per class. The fees are higher for col - lective or certification trade marks. Accelerated reg -
4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration
Pursuant to the Benelux Convention, the exclusive rights granted to the owner of a Benelux trade mark are subject to registration of the trade mark (except
for well-known trade marks). 4.2 Trade Mark Register
A trade mark register listing Benelux trade marks reg - istered with the BOIP, EU trade marks and interna - tional trade mark applications designating the Benelux is publicly available via the BOIP website. It is recommended (but not mandatory) to search the BOIP register for prior Benelux trade marks before applying to register a trade mark. 4.3 Term of Registration Registration of a Benelux trade mark lasts for ten years (as of the date of filing), and may be renewed
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