LUXEMBOURG Law and Practice Contributed by: Emmanuèle de Dampierre and Florentine Frias, Elvinger Hoss Prussen
a further six months immediately following the expiry of the registration or of the subsequent renewal thereof, if an additional fee is paid simul - taneously. 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 par - ticular: • 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 relevant 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 Classification (multi-class trade mark applications are allowed); • a specification of the trade mark describing whether 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 repre - sentative. 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 collective or certification trade
marks. Accelerated registration is possible, sub - ject to the payment of a supplement. Trade marks can be registered by individuals or legal entities. Collective trade marks can be registered in the name of a trade body or asso - ciation. When a representative is appointed, its place of residence 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 appointed 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 con - sideration, 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 publication of the trade mark application, except for information such as the address or name of the applicant or the list of goods and services, which can be limited (and not extended). Other - wise, a new application must be filed.
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