Netherlands Country Profile
KEY INFORMATION
- Population: 17.3 million
- GDP: US$ 909 billion (2019)
- GDP growth: 1.8% (2019)
- Export from Australia: US$2.17 billion (2019)
- Import from Netherlands: US$2.41 billion (2019)
Opportunities in Netherlands
The Netherlands is a small, wealthy trading nation with a population of 17.3 million (2019). Its economy is open and highly-developed, with activity focused on food processing, chemicals, petroleum refining, electrical machinery and financial services.
Trade is an important aspect of the Dutch economy. In 2015, the Netherlands was the world’s second largest agricultural exporter and fifth largest exporter of goods generally. The country’s principal merchandise exports are machinery and equipment, chemicals, fuels and foodstuffs.
The Netherlands is a significant investment and trading partner for Australia. It is Australia’s third largest export market within the EU, with $2.6 billion in goods and services in 2015-16. Significant Australian merchandise exports to the Netherlands that year included coal, other ores and concentrates, medical instruments, beef, and oil seeds and oleaginous fruits (such as olives). Significant imports from the Netherlands included medicaments (including veterinary), pharmaceutical products and coffee.
Australian services exports to the Netherlands in 2015-16 totalled $408 million (mostly personal travel (excl. education) and professional, technical and other business services). Services imports from the Netherlands totalled $1.3 billion in 2015-16.
Why Register Your Trade Mark in Netherlands?
A Trade Mark is a sign that distinguishes your products or services from those of your competitors.
The Netherlands is a member of Benelux. Benelux is the union of the countries of Belgium, Netherlands and Luxembourg. Benelux is a “first-to-file” jurisdiction, which means it is necessary to register a trademark to obtain rights over it. However, in exceptional cases, well-known trademarks can be protected even if they have not been filed yet.
How to Apply for a Trade Mark in Netherlands?
In order to register a Trade Mark in the Netherlands, the application necessarily has to be done through the Benelux Office for Intellectual Property (BOIP) .The basic fee is 244 euro. Additional costs depend on the goods and services for which you claim protection.
Upon receipt of your Trade Mark application, confirmation of receipt will be sent to you by e-mail. Your application will appear in the online Benelux Trade Marks Register within a day.
BOIP checks whether the application meets the application requirements for Trade Mark registration and also conducts a substantive examination regarding classification.
Provided the Trade Mark meets the application requirements, the application will be officially published in the Benelux Trade Marks Register. Other owners (holders) of Trade Marks previously registered or requested for the same or similar products or services may lodge an objection (opposition) to your Trade Mark application. They have two months to do so, running from the date that your application is published.
If the BOIP finds that your Trade Mark meets the formal requirements and no opposition has been filed or the opposition has been rejected, your Trade Mark will be registered and you will become the official owner (holder) of the Trade Mark.
Applying for and registering a Trade Mark takes three months on average.
Filing an application through EUTM or WIPO
The members of Benelux are also members of the European Union, thus European Union Trade Marks (EUTM) are protected in this jurisdiction.
Benelux is also a member of the Madrid Protocol. Thus, the extension of an international registration of a Trade Mark via the Madrid System is possible for this country. The cost of an international Trade Mark registration includes the basic fee CHF 653, plus additional costs depending on where you want to protect your mark. For Benelux, this fee is CHF 266 for the first class, 29 for the second class and 89 for each class of goods or services thereafter.
Maintaining and Enforcing your Trade Mark rights in Netherlands
To ensure that your Trade Mark rights remain valid, you need to take care of your registration. You must watch out for use of your Trade Mark or design by others, use it yourself, and keep it up to date. A Trade Mark registration remains valid for ten years from the date on which the application was filed (filing date). You can renew your registration for unlimited ten-year periods.
You can renew a Trade Mark registration six months before the expiry date of your Trade Mark up to six months after the Trade Mark’s expiry date. A surcharge applies to renewing after the expiry date. If you renew within six months after the expiry date, we will charge a fee of 135 euro over and above the renewal fee.
Once your Trade Mark has been registered, you must actually use it. You must be able to demonstrate that you are using it. If it can be demonstrated that your Trade Mark has not been used for longer than five years, it could be revoked (in its entirety or for some of the goods or services).
If you discover a conflicting Trade Mark on the internet or elsewhere and it is not listed in the Trademarks Register, you can write to the other party and request that it stops using the conflicting sign or you can present your Trade Mark registration to a court of law. If the court rules that the sign constitutes an infringement, it may issue an injunction against using the infringing sign, possibly through a seizure on goods, compensation for damages or even surrender of the profits (in the case of a wilful infringement).
