Registering a trademark is not a single event — it is a process that unfolds over months, sometimes years, depending on the jurisdiction, the complexity of your application, and whether anyone objects to your mark. Understanding the stages before you begin helps you plan timelines, allocate budget, and avoid surprises.
This guide walks through the registration process for the three routes most relevant to businesses operating in or from Belgium: the EU trademark (EUTM) through the European Union Intellectual Property Office (EUIPO), the Benelux trademark through the Benelux Office for Intellectual Property (BOIP), and international registration through the Madrid System administered by the World Intellectual Property Organization (WIPO).
The registration process begins well before any application is submitted. Two preparation steps are essential.
Clearance. A trademark search determines whether your proposed mark conflicts with existing registrations or applications. Filing without searching is a gamble — if a conflicting mark exists, your application may be refused or opposed, and you will have spent fees and time on a mark you cannot use. Clearance searches should cover the jurisdictions where you intend to file and the goods and services classes relevant to your business. For more on how conflicts are assessed, see our guide to understanding trademark similarity.
Classification. Trademarks are registered for specific goods and services, organised under the Nice Classification system into 45 classes. Selecting the right classes — broad enough to protect your commercial activities, narrow enough to be defensible — is a strategic decision that directly affects the scope and cost of your registration. Over-classification wastes money. Under-classification leaves gaps in protection.
An EU trademark provides protection across all 27 EU member states through a single application filed with the EUIPO in Alicante, Spain. It is the most cost-effective route for businesses that operate across the European Union.
Filing. Applications can be filed online through the EUIPO e-filing system. You must specify the mark (word, figurative, or other type), the goods and services covered (using Nice Classification terms), and the applicant details. The official filing fee for an EUTM is EUR 850 for one class, EUR 50 for a second class, and EUR 150 for each additional class. If you use pre-approved terms from the EUIPO's harmonised database, your application may qualify for fast-track processing, which accelerates examination.
Examination. The EUIPO examines the application on absolute grounds — whether the mark is distinctive, non-descriptive, non-deceptive, and otherwise registrable on its own merits. The EUIPO does not examine relative grounds (conflicts with earlier marks) ex officio. However, it does issue search reports identifying potentially conflicting earlier EU trademarks and, in some member states, national marks.
If the examiner identifies an absolute grounds objection, you receive an office action and have two months to respond. Common objections include descriptiveness (the mark describes a characteristic of the goods or services), lack of distinctiveness, and marks that consist exclusively of generic terms.
Publication. If the application passes examination, it is published in the EU Trade Marks Bulletin. This opens a three-month opposition period during which any third party can file an opposition based on their earlier rights — typically arguing that the published mark is confusingly similar to their existing mark for identical or similar goods and services.
Opposition. If no opposition is filed within the three-month window, the mark proceeds to registration. If an opposition is filed, it triggers a formal adversarial proceeding before the EUIPO's Opposition Division. Opposition proceedings involve a cooling-off period (during which parties may negotiate), exchange of written submissions, and a decision. This process typically takes 12 to 18 months and involves additional costs.
Registration. Once the opposition period passes without incident — or an opposition is decided in the applicant's favour — the EUIPO registers the mark and issues a certificate. The entire process from filing to registration takes approximately four to six months if unopposed, or 18 to 24 months if opposed.
Duration and renewal. An EUTM registration is valid for ten years from the filing date and can be renewed indefinitely for further ten-year periods.
A Benelux trademark provides protection in Belgium, the Netherlands, and Luxembourg through a single application filed with the BOIP in The Hague.
Filing. Applications are filed online through the BOIP e-filing system. The official fee is EUR 244 for one class, with EUR 27 for each additional class. The Benelux route is significantly less expensive than the EUTM route and is appropriate when your commercial activities are concentrated in the Benelux region.
Examination. The BOIP examines applications on absolute grounds only. Unlike the EUIPO, the BOIP does not issue search reports for potentially conflicting marks. The examination period is relatively short — typically a few weeks if no objection arises.
Publication and opposition. After examination, the mark is published for a two-month opposition period. The opposition procedure at the BOIP is similar in structure to the EUIPO process but operates on a shorter timeline.
Registration. If no opposition is filed, registration follows publication promptly. The total timeline for an unopposed Benelux registration is typically two to four months.
Duration and renewal. Benelux registrations are valid for ten years from the filing date and renewable for successive ten-year periods.
The Madrid System allows you to file a single international application — through WIPO — that designates multiple countries for protection. It is not a single global trademark but a mechanism for efficiently extending protection to multiple jurisdictions through one procedural step.
Basic requirement. To use the Madrid System, you must have a base application or registration in your home office. For Belgian applicants, the base can be either a Benelux registration/application (through the BOIP as office of origin) or an EU registration/application (through the EUIPO as office of origin).
Filing. The international application is filed through the office of origin, which certifies it and forwards it to WIPO. WIPO performs a formal examination, records the international registration, and notifies each designated country. The fees consist of a basic fee (653 Swiss francs for a black-and-white mark, 903 for a colour mark), plus individual or supplementary fees for each designated country.
Examination in designated countries. Each designated country examines the international registration under its own national law — both absolute and relative grounds. A designated office has 12 months (or 18 months for some countries) to refuse protection. If no refusal is issued within the deadline, protection is granted in that country.
Dependency period. For the first five years, the international registration depends on the base mark. If the base mark is cancelled, refused, or restricted during this period — known as a central attack — the international registration falls with it for all designated countries. After five years, the international registration becomes independent.
Duration and renewal. International registrations are valid for ten years and renewable. Renewal is centralised through WIPO, which simplifies portfolio management across many jurisdictions.
The choice between EU, Benelux, and international filing depends on where you need protection, your budget, and your timeline. For a detailed comparison of costs across routes, see our guide to IP cost planning.
If you need protection across the EU, the EUTM is almost always the most cost-effective single filing. If your activities are limited to Belgium, the Netherlands, and Luxembourg, the Benelux route is faster and cheaper. If you need protection outside the EU — in the US, UK, China, Japan, or other non-EU countries — the Madrid System provides procedural efficiency, though the substantive examination in each designated country means results can vary.
Many businesses use a combination: an EUTM for European coverage, supplemented by Madrid designations for key non-EU markets. The filing strategy should be tailored to your actual commercial footprint and growth plans, not based on a one-size-fits-all template.
Filing before searching. An application that runs into an opposition costs far more in time and money than a clearance search would have. Always search before you file.
Wrong classification. Selecting classes that do not accurately cover your goods and services leaves gaps in protection. Selecting classes you do not use or intend to use creates vulnerability to cancellation for non-use after five years.
Ignoring opposition deadlines. If a third party opposes your application and you miss a procedural deadline, the consequences can be severe — up to and including loss of the application. Deadline management from the moment of filing is not optional.
Not monitoring after registration. A registration is the starting point, not the finish line. If a confusingly similar mark is filed after yours and you do not oppose it within the opposition period, you may lose the ability to challenge it. Post-registration brand monitoring is an essential part of trademark management.
Assuming registration means protection. A registered trademark must be used. In both the EU and Benelux systems, a mark that has not been genuinely used for five consecutive years is vulnerable to cancellation for non-use. Registration without use is a declining asset.
The Nice Classification Explained — a practical guide to selecting the right goods and services classes.
EUIPO Fast-Track Filing — how to qualify for accelerated examination at the EUIPO.
Understanding Trademark Similarity — how clearance searches assess phonetic, visual, and conceptual conflict risk.
IP Cost Planning — how to budget for multi-jurisdiction filing strategies.
If you are preparing a trademark application or need guidance on filing strategy, get in touch or schedule a meeting with our team.
%402x.svg){kind=small}
%402x.svg){kind=icon}
%402x.svg){kind=icon}
