NETHERLANDS Law and Practice Contributed by: Radboud Ribbert and Wouter van Wengen, Greenberg Traurig, LLP
other parties who wish to exploit the music. The designated organisation goes by the name of BumaStemra. BumaStemra is a nonprofit organisation. While authors are not obligated to engage BumaStemra’s services, the estab - lishment of another organisation with similar or overlapping functions is prohibited under Dutch law. 3.7 Copyright Registration Under Dutch and EU laws, it is not possible to register a copyright. 3.8 Copyright Application Requirements The Dutch and EU law systems do not maintain a register for copyrights. 3.9 Refusal of Registration There is no register of copyrights under Dutch or EU laws, therefore such registrations would not arise. 3.10 Related Rights Copyright-protected works can simultaneously be protected by trade mark rights, database rights, design rights, and other related rights, such as through tort claims. 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration Trade mark rights can only be acquired through registration of the mark either with the Benelux Office of Intellectual Property (BOIP) for Benelux coverage or the EU Intellectual Property Office (EUIPO) for coverage in all EU member states. Trade mark rights cannot be derived from mere usage thereof. However, if a trade mark is not genuinely used for an uninterrupted period of five years, it can be invalidated. The process for
registering trade marks is generally the same for each type of trade mark with the exception of certification or collective marks. 4.2 Trade Mark Register There are two relevant trade mark registers that apply to the Netherlands: (i) the BOIP trade mark register for registrations in relation to the Ben - elux; and (ii) the EUIPO trade mark register for registrations pertaining to all EU member states. These registers are both publicly available on the respective office’s websites. These websites do not uphold different types of registers on their websites, but only one central searchable reg - ister for all trade marks. The above registers should be consulted before applying for regis - tration of a trade mark. 4.3 Term of Registration The term for registration is ten years, which can be extended indefinitely for additional ten-year periods. Trade mark owners will have six months to renew their registrations after the terms have lapsed. However, it is possible and recommend - ed to file for renewal in the six months preceding the expiration of the trade mark to prevent late fees. If the trade mark expired and is past the six- month revival period, the only way to retrieve the trade mark registration is by reapplying for registration. It is not possible to update a trade mark registration without applying for a new trade mark registration. 4.4 Application Requirements The process of applying for a trade mark is fairly straightforward. The BOIP and EUIPO registers offer an online form, which must be completed. The required fee must be remitted before the registration is taken into consideration by the examiners. The examiners will then inform you
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