Benelux introduces trade mark cancellation proceedings

As from today, June 1, any interested party can request the Benelux Office for Intellectual Property (BOIP) to cancel an existing Benelux trademark registration. Until today this was only possible by means of initiating proceedings on the merits before a regular court. The cancellation procedure, which is similar to the procedure before the European Intellectual Property Office (EUIPO) and the opposition procedure that already existed in the Benelux, is a very welcomed new procedure, e.g. to cancel a trademark registration that has not been put to genuine use in the past five years. In addition, it will now also be possible both in opposition and in a cancelation action to rely on the “c ground”, i.e. relying on a mark that is well-known in the Benelux and where the applied for mark takes unfair advantage of, or is detrimental to, the reputation or distinctive character of the invoked trademark. Additional grounds for opposition and cancellation will be introduced after the implementation of the EU trade mark package early 2019. Last but not least, appeals against decisions from the Benelux Office will no longer be heard by the Courts of Appeal in The Hague, Brussels or Luxembourg, but by the newly established second chamber of the Benelux Court of Justice. Our integrated Ploum IP team will be happy to answers any questions you may have.