What is a trademark? The 2025 guide for brand protection in the Benelux.

What is a trademark?

A trademark is the exclusive use of a symbol, word, phrase, design (or combination of these elements) that identifies and sets apart the source of a good or service in the market. 

If you’re seeking brand protection in the Netherlands, it is important to understand that we follow a first-to-file system. This means that the legal body first to officially apply for the trademark of a distinct element will be granted rights over its use. This contrasts greatly with jurisdictions like the United States, that follow a first-to-use system. Important to note, because another business could lay a claim on the use of your brand assets long after you have started using it. 

Who should apply for a trademark?

Trademarks represent the legal foundation of your brand’s identity, enabling consumers to quickly recognise and trust your brand’s products or services. This leads consumers to greater ease of mind and faster purchasing decisions. As such, applying for a trademark could be a great decision for large and small businesses alike. If you value your brand assets, you’ll want to gain the legal grounds to protect them. Of course, there are industries that lend themselves to greater protection requirements. A B2C (business-to-consumer) company selling cosmetics might attach greater importance to brand value than a boutique IT consultancy firm that services a handful of clients it knows well. In the case of the cosmetics company, their moat (what protects them from competitors taking their market share) is likely to be related to distribution (including marketing, brand perception, design). However, just because protection might be less obvious in the latter case does not mean the consultancy can simply kick up their feet and plug their ears. 

Consider the purpose of trademarking as a signal to potential partners, customers, and investors that your brand has been officially vetted and protected, which can be especially valuable if you will enter into licensing agreements or collaborative ventures that rely on your brand identity.

If you’re on the fence about whether you should trademark your assets, it might help to calculate the likely fees you’ll incur. For a generic trademark application for protection across the Benelux, you should set aside roughly EUR 250. This will protect your assets for 10 years. We’ll cover costs in more detail below. 

How to trademark a brand? Practical considerations

Whilst the entire process can take up to a year, you should expect a resolution to your application within several months. Below we’ve summarised the three steps you should consider in your preparation for an application. 

1. Understand what you can trademark

The assets you want to trademark must be distinctive enough from competitors to be recognisable. Therefore, you cannot trademark a brand that is purely descriptive of the category of services you offer. For example, if you are a Hubspot implementation partner, you cannot trademark “Hubspot implementation partner”. Your application will be rejected by the Benelux Office for Intellectual Property (BOIP), and you will lose the fees you paid. 

To prevent this from happening, it is advisable to refer to the Benelux trademark registry ahead of your application. This registry shows all trademarked assets, and your application cannot be too similar to an existing trademark. The application will likely be a cross-functional effort, automating workflows through CLM software streamlines every phase of the trademark process, from application to renewal.

2. File with the BOIP

To obtain protection in Belgium, the Netherlands, and Luxembourg, you must file your application with the BOIP. The Benelux region does not allow trademark registration solely for one country—filing automatically covers all three. Your application should include:

• A clear representation of your mark (the name and/or design).
• A specification of the goods or services your mark will represent.
• Payment of the required fee.

Trademarking a logo is conceptually very similar to that of a brand name, but inherently more ambiguous. Visual comparisons, like the stylisation and shapes used in existing logos, is inherently more subjective than comparing words. If you have resources available, you could consider seeking expert advice for this step.

Once registered, your trademark rights last for ten years, after which you can renew your mark for another ten-year period. Note that if you miss the renewal deadline, you can still renew within six months for an additional surcharge. A Contract Lifecycle Management solution will help you maintain an organised overview of all licensing agreements and reduce the risk of missed renewal deadlines

3. Consider international protection (if relevant)

If you wish to provide your goods or services across the EU, you can file a single application for an EU trademark with the European Union Intellectual Property Office (EUIPO). This covers you in all existing and future EU member states for 10 years. Note: the Netherlands, Belgium, and Luxembourg are part of the EU, so you would not have to file the application with the BOIP. 

To protect your mark in countries outside of the EU, you can apply through the World Intellectual Property Organization (WIPO). This system lets you extend your Benelux or EU registration to any member country of the Madrid System. International trademark protection also lasts for ten years and can be renewed. The countries covered in the Madrid system are extensive, but it does not cover absolutely all jurisdictions. More information on that here! There are additional fees associated with these extended protections. The WIPO fee calculator is a great tool to understand the costs of your project. If your trademark spans multiple regions, a robust CLM platform ensures consistent compliance and visibility across jurisdictions, all in one handy dashboard.  

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What happens next?

If your application passes the initial examination stage, it is published for opposition. This gives third parties the opportunity to oppose your application for being too similar to theirs. If there are no objections (or they are overruled), then your trademark registration will be granted. After this, you can officially use the trademark symbol (®) on your communications and channels. This symbol recognises that your assets are protected by the law and aims to deter others from accidentally copying your assets.

How can a CLM system like Docfield help?

Managing your trademark applications, as well as the associated contracts and renewals, can grow increasingly complex as your company scales. A Contract Lifecycle Management (CLM) solution like Docfield brings structure and clarity to this entire process by housing all essential files and deadlines in one secure, centralised environment. 

Instead of juggling licensing documents, renewal reminders, and trademark certificates in separate channels and folder systems, Docfield consolidates each of these steps into a streamlined workflow. Teams can collaborate in real time while remaining confident that each version, revision, and approval request is accurately tracked and approved. Docfield provides integrated approval workflows and full audit trails to support and streamline decision-making, winning you back valuable time. 

Automated alerts help you stay on top of important dates and obligations, reducing the risk of mistakes, fines, and surcharges. Introducing this level of organisation and transparency to your business is vital for maintaining compliance and ensuring that any legal requirements tied to your trademark are consistently met.

Conclusion

Throughout this guide, we have explained how crucial it is for your business to protect your brand assets, whether those assets take the form of a name, a logo, or both. By recognising the Benelux region’s first-to-file principle, understanding what can or cannot be trademarked, and following the necessary application steps, you can secure your brand identity for a full decade. Expanding protection internationally, either through an EU trademark application or the broader Madrid System, further cements that security when operating in multiple jurisdictions. Alongside these key insights, the role of a CLM solution like Docfield emerges as a powerful means of simplifying the process. By centralising documentation, automating workflows, and ensuring your team has the right information at their fingertips, a robust CLM platform not only helps you remain compliant but also safeguards the time and investment poured into securing a trademark.

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