Licensing and intellectual property
Benelux Trade Mark Registration
For Dutch BVs, holding companies and foreign groups
Your mark filed at BOIP in the name of the company that should own it, with classes, language and address settled first.
- One filing: Belgium, the Netherlands, Luxembourg
- BOIP state fee EUR 244 for one class, ten years
- Three months on average if unopposed
- File in Dutch, French or English
Trade mark registration in the Benelux for Dutch companies and groups
We prepare and file your trade mark at BOIP, the Benelux Office for Intellectual Property (Benelux-Bureau voor de Intellectuele Eigendom). One filing gives one right in Belgium, the Netherlands and Luxembourg; no mark exists for the Netherlands alone. A business licensed through our CASP licence service protects its name the same way.
The right arises only by registration, so the question is who goes on the register: a Dutch BV, a holding or IP company licensing the operating companies, a foreign parent, or a founder who filed abroad first. No BV yet? Start with how to form a Dutch company from abroad.
What's included
Eight parts, each tied to the rule that sets it.
Owner and scope
Which entity applies; Benelux, EU or both; and whether a Madrid extension follows on the Benelux base. Buying a ready-made Dutch BV? It files in its own name after the transfer.
Priority check
A first filing abroad keeps its date if the Benelux application claims it within six months. We collect the country, date, number and holder.
Clearance check
Searches in the BOIP Trademarks Register, the KVK trade name register and TMview, and an absolute-grounds test: the fee is lost on refusal.
Goods and services list
Nice classes, described clearly and precisely, limited to what the company will use within five years. Nothing can be added after publication.
Language and address
Dutch, French or English. An applicant outside the EEA gives an EEA correspondence address, or appoints a representative based in the EEA.
Filing in My BOIP
The application and the state fee in BOIP's online portal, ordinary or accelerated, with the accelerated route's risk explained first.
Follow-up to registration
Formal defects, a provisional refusal or an opposition, answered within the period BOIP sets. Each reply is decided with you.
Structure on the register and after
Assignments and licences recorded at BOIP, renewal at ten years, extension to an EU trade mark or a Madrid registration.
Where the service stops
What this service does not cover, and who decides what.
- BOIP decides on the mark; we prepare and file, with no outcome promised
- Anyone may file in My BOIP alone; a representative is a choice
- Oppositions and cancellations fought on the merits, and infringement actions, are litigation
- The royalty for a licence inside the group is tax advice, for our tax team
- No business address, nominee, director or general power of attorney with a filing
- A power of attorney for BOIP is presumed and covers the filing only
How the registration works
Eight steps. Every period below is set by BOIP or by treaty, none by us.
Owner and scope
You name the applicant: a company gives its name, address and legal form, as registered at the KVK for a Dutch BV.
Priority
For a first filing abroad you supply its country, date, number and holder; the Benelux application claims it within six months, or by special declaration the month after.
Clearance
We search the BOIP register, the KVK trade name register and TMview, and test the sign against the absolute grounds.
Class list
You decide the goods and services; we draft them in the 45 Nice classes. Nothing is added after publication.
Filing and fee
With language and EEA address set, we file in My BOIP. The basic fee paid within one month fixes the filing date; accelerated registration registers first and can be reversed.
Formal check and publication
BOIP allows at least one month, extendable up to six, to cure a defect. After publication, earlier right holders may oppose within two months.
Examination and registration
A provisional refusal allows at least one month to reply, up to six; a final decision can be appealed within two months. Unopposed, registration takes three months on average.
Record and keep it
Written licences and assignments recorded at BOIP; genuine use within five years; renewal in the six months before the ten years end.
Set by law or BOIP rule Average
- Priority from a first filing abroadApplicantWithin six months
- Filing in My BOIPApplicantBasic fee within one month fixes the date
- Formal checkBOIPAt least one month to cure a defect, up to six
- Publication and oppositionEarlier right holdersTwo months to oppose; loser pays EUR 1,045
- ExaminationBOIPProvisional refusal: reply in one to six months; appeal in two
- RegistrationBOIPThree months on average if unopposed
- Genuine useOwnerWithin five years
- RenewalOwnerIn the six months before the ten years end
Side lane: accelerated registration registers first; examination and opposition follow, and it can be reversed.
Not sure which company should own the mark?
The owner decides who can license, sell or enforce the mark. Settle it before the fee is paid, not after.
BOIP and EUIPO fees, periods and routes
State fees from BOIP's 2026 schedule, VAT exempt. Our own fee is on request.
BOIP state fees and periods, 2026 schedule. Source: BOIP fee schedule, checked on 29 September 2026; periods from the Benelux Convention on Intellectual Property.
| Item | State fee or period | Source |
|---|---|---|
| Individual mark, including one class, ten years | EUR 244 | BOIP fee schedule |
| Second class; each class from the third | EUR 27; EUR 81 per class (two classes EUR 271, three EUR 352, five EUR 514) | BOIP fee schedule |
| Collective or certification mark: one class / second / each from the third | EUR 379 / EUR 42 / EUR 126 | BOIP fee schedule |
| Accelerated registration supplement: one class / second / each from the third | EUR 196 / EUR 21 / EUR 63 (BOIP's headline for the whole accelerated route: from EUR 440) | BOIP fee schedule |
| Description of distinguishing features (optional) | EUR 41 | BOIP fee schedule |
| Opposition | Two months from publication; EUR 1,045 per opposition; the losing side pays EUR 1,045 to the other | BCIP art. 2.14(1); BOIP |
| Cancellation (invalidity or revocation) before BOIP | EUR 1,420 basic fee; EUR 142 per ground or right after the third | BOIP fee schedule |
| Recording a transfer, licence, pledge or seizure | EUR 56 first mark; EUR 28 second to fifth; free thereafter | BOIP fee schedule |
| Renewal online: one class / second / each from the third | EUR 263 / EUR 29 / EUR 87; late surcharge EUR 135 within six months after expiry | BOIP fee schedule; BCIP art. 2.9(4) |
| Watch service (BOIP Trademark Alert, optional) | EUR 53 per mark per year | BOIP fee schedule |
Three routes to protection in the Netherlands, compared on coverage and state fee.
Benelux, EU or international, state fees 2026. Sources: EUIPO fees and payments, checked on 29 September 2026; BOIP fee schedule. WIPO's own fees are in the WIPO fee calculator.
| Route | Coverage | State fee for one class | Points to know |
|---|---|---|---|
| Benelux mark at BOIP | Belgium, the Netherlands, Luxembourg | EUR 244 for ten years | The base for a Madrid filing through BOIP; the fee is not refunded on refusal |
| EU trade mark at EUIPO | The EU member states, one right | EUR 850 online; EUR 50 second class; EUR 150 each from the third | Refused as a whole if a ground applies in one member state; basic fee within one month; fees non-refundable; ten years, renewable |
| International registration (Madrid, through BOIP and WIPO) | The designated countries | BOIP forwarding fee 100 Swiss francs, plus WIPO's fees | Only on the base of an existing registration |
The mark as a group asset
A mark can sit apart from the business and be licensed to the companies that use it, as when setting up a holding company in the Netherlands. Formalities decide whether that binds others.
Moves without the business
A mark can be transferred alone, for all or part of its goods and services; selling a whole business carries it unless agreed otherwise (art. 2.31(1) and (3) BCIP).
Written and Benelux-wide
A transfer is void unless it is in writing, and void unless it covers the whole Benelux (art. 2.31(2) BCIP).
Licence to the operating company
A licence (licentie) may cover all or part of the goods, services and territory, exclusive or not. The licensee sues only with the holder's consent (art. 2.32(1) and (4)).
Recorded or it does not count
A transfer, licence, pledge or attachment binds third parties only once recorded at BOIP (art. 2.32bis and 2.33): EUR 56 for the first mark, EUR 28 for the second to fifth.
No innovation box for a brand
Trade marks are not qualifying assets for the innovation box, innovatiebox (art. 12ba lid 6 Wet Vpb), so brand royalties meet the ordinary corporate income tax rates. More in the innovation box guide.
Royalties to a low-tax affiliate
Trade mark royalties a Dutch payer pays an affiliated recipient can carry conditional withholding tax in the Netherlands in the listed cases, at 25.8 percent for 2026, the top Wet Vpb rate (Wet bronbelasting 2021, art. 3.1, 3.4 and 4.1).
Pass-through royalties
Royalties a Dutch company receives and pays on within its group are disregarded where it runs no real risk (art. 8c Wet Vpb).
These are the law's conditions; which entity should own your mark is a conversation.
Problems we solve
What foreign groups and founders ask us before they file.
- "We are outside the EU. Do we need a Benelux agent?"
No representative is required, but an applicant with no EEA seat gives an EEA correspondence address, and a representative, if appointed, must be based in the EEA.
- "We want to file in English."
Allowed. But if someone opposes an English application, the opponent chooses the opposition's language, so the procedure can run in Dutch or French.
- "We filed at home last month."
That date can be kept: the Benelux application claims priority within six months, in the application itself or by special declaration in the month after filing.
- "Our BV is registered at the KVK, so the name is ours."
A trade name protects only in the region where the business is active. Exclusive rights across Belgium, the Netherlands and Luxembourg need a registered mark.
- "We will add products later."
Nothing can be added after publication, and items unused for five years can be revoked. The list follows your planned use.
Filed at home already, or planning an EU mark?
The priority clock runs six months from your first filing. Plan the Benelux and EU routes together, before it stops.
Why work with us
Elif Demir, Compliance, licensing and founder permits lead, Amsterdam. Turkish, Dutch, English.
From our practice: on every file the owner is settled before the filing. A mark filed in a founder's name and moved later needs a written, Benelux-wide assignment and a recording at BOIP before it binds anyone else.
Related services
- Tax Advisor in AmsterdamThe royalty for a licence inside the group, and where the licence income is taxed.
- Payment and e-money licencesA payment or e-money business protects its brand alongside the DNB licence it obtains through .
- Trust office licenceA trust office needs DNB's licence before it offers its services: .
Frequently asked questions
Can I register a trade mark for the Netherlands only?
No. A mark cannot be registered for the Netherlands alone, nor for Belgium or Luxembourg alone. One filing at BOIP gives a single Benelux right covering all three countries together. The other route to protection in the Netherlands is an EU trade mark at EUIPO, one right across the EU member states.
Can a company outside the EU file without a Benelux agent?
Yes. Appointing a representative is optional. An applicant with no seat or domicile in the European Economic Area who appoints none must give a correspondence address in the EEA (rule 3.6 of the Implementing Regulations). If a representative is appointed, they must have a domicile or seat in the EEA. A power of attorney is presumed.
Can the application be filed in English, and what does that change?
Yes. A Benelux application may be filed in Dutch, French or English (rule 1.1 of the Implementing Regulations). The difference shows if someone opposes it: against an English application, the opponent chooses the language of the opposition (rule 1.17), so the procedure may run in Dutch or French rather than English.
What does BOIP charge, and what else can the state charge later?
An individual mark costs EUR 244 including one class for ten years, EUR 27 for the second class and EUR 81 per class from the third, VAT exempt (2026). Later: EUR 1,045 to the other side if an opposition is lost, renewal from EUR 263, and EUR 56 to record a licence or transfer. Our fee is on request.
How long does a Benelux registration take?
BOIP's average is three months from application to registration, assuming no one opposes and no refusal follows. After publication, third parties holding earlier rights may oppose in writing within two months. No official figure is published for the length of an opposition, so we give no date for a contested file.
Can the registration be made faster, and what is the risk?
Yes. Accelerated registration adds a state supplement of EUR 196 including one class, EUR 21 for the second and EUR 63 for each from the third. The mark is registered at once, examination and opposition follow, and the registration can be reversed. BOIP's headline of from EUR 440 covers the whole accelerated route.
What happens if BOIP refuses the mark?
BOIP first issues a provisional refusal with a reply period set in its letter: at least one month, extendable up to six from the first notice. A final decision can be appealed to the Benelux Court of Justice within two months of notice. The application fee is not refunded on refusal, which is why clearance comes first.
I already filed in the US or elsewhere. Can I keep that date?
Yes, if the Benelux application claims priority within six months of the first filing in a Paris Convention country. The claim is made in the application, or by a special declaration in the month after filing, giving the country, date, number and holder of the first filing. If another person filed first, a document showing the right is needed.
Which company in our group should own the mark, and how do we move it later?
The law sets the conditions. A mark may be transferred apart from the business, but only in writing and for the whole Benelux. It may be licensed to the companies that use it, and a transfer or licence binds third parties only once recorded at BOIP. Which entity suits your group is a conversation, not a rule.
Does a Dutch company get the innovation box on trade mark royalties?
No. Trade marks are expressly excluded from the qualifying intangible assets of the innovation box (art. 12ba lid 6 Wet Vpb). A Dutch company that holds only a brand earns its royalties at the ordinary corporate income tax rates. Where licence income is taxed inside a group, and at what royalty, is a question for tax advice.
Is there withholding tax on trade mark royalties paid from the Netherlands?
Only the conditional withholding tax. Royalties include payments for the use of a trade mark, and the tax applies when a Dutch payer pays them to an affiliated recipient in the cases the Wet bronbelasting 2021 lists, such as a recipient in a listed low-tax jurisdiction. The rate is the highest Wet Vpb rate: 25.8 percent for 2026.
Does registering my BV at the KVK protect the brand name?
No. Registering a BV at the KVK does not register its name as a mark. Actively using a trade name protects it only in the region where the business is active; exclusive rights across Belgium, the Netherlands and Luxembourg need a registered mark. The KVK register is one of the places our clearance check searches.
Benelux or EU trade mark: what is the difference?
A Benelux mark covers Belgium, the Netherlands and Luxembourg, costs EUR 244 for one class and ten years, and is the base for a Madrid filing through BOIP. An EU trade mark is one right in the EU member states, EUR 850 online for one class, refused as a whole if a ground applies in one member state.
How long does a Benelux mark last, and what keeps it alive?
Ten years from the filing date. It is renewed in the six months before expiry, or in the six months after with a surcharge of EUR 135; online renewal is EUR 263 including one class. It must also be put to genuine use within five years for the registered goods and services, or it can be revoked.
What is the difference between TM and the registered-mark symbol?
In the Benelux, the exclusive right in a mark arises only by registration (art. 2.2 of the Benelux Convention on Intellectual Property). Without registration, nobody can claim protection in court for a sign as a mark, save for well-known marks (art. 2.19). What protects the name is the registration at BOIP.
Ready to file?
Tell us who should own the mark and where; we reply with a trade mark filing plan.
- Name
- Company
- Who will own the mark? (the operating BV, a holding or IP company, a foreign parent, the founder)
- Where do you need protection? (Benelux, EU, both)
- Filed abroad in the last six months? (yes, no)
- Expected number of classes
Confirmation: Thank you, we reply to the email address you gave.