NETHERLANDS Law and Practice Contributed by: Radboud Ribbert and Wouter van Wengen, Greenberg Traurig, LLP
4.7 Revocation, Change, Amendment or Correction of an Application During the application process it is possible to revoke, change, amend or correct the trade mark application. This can relate to material altera - tions, such as the applicable classes or the mark itself. It is important to note, however, that while narrowing the scope of the application is permis - sible, broadening it is not allowed. 4.8 Dividing a Trade Mark Application It is possible to divide trade mark applications. This requires an application to divide the appli - cation. The application must be filed in writing in accordance with the respective form, which is provided on the website of the BOIP and EUIPO. The administrative fee for division is EUR250. 4.9 Incorrect Information in an Application Providing incorrect information could result in the invalidation of a registration or rejection of an application. However, in practice, if the incor - rect information was provided inadvertently, the examiner will provide an opportunity to correct the information. 4.10 Refusal of Registration Grounds for Trade Mark Registration Refusal A trade mark registration can be refused based on the following absolute grounds. Lack of distinctiveness A trade mark must be capable of distinguishing the goods or services of one undertaking from those of other undertakings. If a mark lacks dis - tinctiveness, it may be refused. To overcome this objection, the applicant could raise mar - ket research or other evidence to show that the trade mark is in fact distinctive for the respec - tive services and/or goods contemplated by the
if the application meets the absolute and rela - tive requirements. If so, the application will be published in the register. Once the application is published, interested parties will have two (BOIP) or three (EUIPO) months to oppose the application. After these two or three months, if no oppositions have been received, the trade mark will be registered. It is possible to apply for multi-class trade mark applications. The applicant will only need to provide the sign that it wishes to protect – no other materials are provided. The filing fees for the BOIP are EUR244 for a regular application and EUR440 for an accelerated application. The online filing fees for the EUIPO are EUR850, for the second class an additional EUR50 is required, and for the third and more classes the costs are EUR150 per class. Anyone can register for a trade mark. There are no required qualifications for registering a trade mark. 4.5 Use in Commerce Prior to Registration There is no requirement that an applicant use its trade mark in commerce before the registration is issued. 4.6 Consideration of Prior Rights in Registration The BOIP and EUIPO offices evaluate the rela - tive grounds for protection of a trade mark by considering existing prior rights that predate the trade mark application. This assessment includes not only prior trade marks within the same jurisdiction but also rights of local signifi - cance, such as trade name rights. Owners of these prior rights are entitled to challenge a trade mark application by presenting various forms of evidence to support their claim.
363 CHAMBERS.COM
Powered by FlippingBook