LUXEMBOURG Law and Practice Contributed by: Emmanuèle de Dampierre, Elvinger Hoss Prussen
4.9 Incorrect Information in an Application Please see 4.7 Revocation, Change, Amendment or Correction of an Application . 4.10 Refusal of Registration Absolute grounds for the refusal of a registration by the BOIP relate to: • signs that cannot constitute a trade mark; • trade marks that are devoid of any distinctive char - acter; • trade marks that consist exclusively of signs or indications that may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or time of production of the goods or of rendering of the service, or other char - acteristics of the goods or services; • trade marks that consist exclusively of signs or indications that have become customary in the language; • signs that consist exclusively of a characteristic that results from the nature of the goods them - selves or that is necessary to obtain a technical result, or that gives substantial value to the goods; • trade marks that are contrary to public policy or to accepted principles of morality; and • deceiving trade marks. If the examiner finds absolute grounds to refuse the registration, the applicant is notified by the BOIP – in writing and without delay – of the intention to wholly or partially refuse the registration, and is informed of the grounds for refusal. The applicant is then allowed to respond to such notification, stating all the facts and arguments and providing supporting documen - tation proving that the trade mark application should be registered. 4.11 The Madrid System Luxembourg (along with Belgium and the Netherlands) is a party to the Madrid system. The filing of interna - tional trade marks shall therefore take place in accord - ance with the provisions of the Madrid Agreement and the Madrid Protocol. An application for international registration based on a Benelux application may only be filed at the BOIP, located in The Hague.
istration is possible, subject to the payment of a sup - plement. Trade marks can be registered by individuals or legal entities. Collective trade marks can be registered in the name of a trade body or association. When a representative is appointed, its place of resi - dence or registered office should be located in the EEA. Any party that does not have a place of residence or registered office in the EEA and has not appoint - ed a representative must provide a correspondence address in the EEA. 4.5 Use in Commerce Prior to Registration The Benelux Convention does not require the use of a trade mark prior to its registration. 4.6 Consideration of Prior Rights in Registration Prior rights are not considered by the BOIP when examining trade mark applications. The BOIP only takes absolute grounds for refusal into consideration, such as if a trade mark is devoid of any distinctive character or contrary to public policy. 4.7 Revocation, Change, Amendment or Correction of an Application If the filing requirements are not all met, the BOIP must inform the applicant in writing; the applicant then has the opportunity to rectify the application. It is not possible to amend the trade mark after publi - cation of the trade mark application, except for infor - mation such as the address or name of the applicant or the list of goods and services, which can be lim - ited (and not extended). Otherwise, a new application must be filed. 4.8 Dividing a Trade Mark Application It is not possible to divide a Benelux trade mark appli - cation, as such. However, the owner of a Benelux trade mark may limit the list of goods or services of the trade mark or assign the trade mark for only some of the goods and services for which it is registered. See also 6.1 Assignment Requirements and Restrictions .
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