Best Trademark Lawyers in Hasselt

About Trademark Law in Hasselt, Belgium

Trademarks protect the signs that distinguish your goods or services from those of others, such as brand names, logos, slogans, shapes, colors, and even sounds. In Hasselt and across Belgium, trademark registration is handled at the Benelux level, not per individual country. That means you file once with the Benelux Office for Intellectual Property and obtain protection across Belgium, the Netherlands, and Luxembourg. You can also pursue an EU trademark for all European Union member states or use the international Madrid System to extend protection to selected countries.

For businesses and creators in Hasselt, a well planned trademark strategy can help secure brand identity, prevent copycats, build licensing revenue, and strengthen market position. Because Belgium is a multilingual market with cross border trade, early clearance and registration are especially important to avoid conflicts and to support growth.

Why You May Need a Lawyer

While simple applications can sometimes be handled without counsel, a lawyer or trademark attorney can be critical in several common situations:

- Choosing a registrable brand and avoiding descriptive or generic terms that the office will refuse.

- Running clearance searches to identify earlier conflicting rights in the Benelux and EU, including similar names, logos, trade names, and domain names.

- Drafting a precise list of goods and services that balances protection with risk and future expansion.

- Responding to office objections on absolute grounds or managing proof of acquired distinctiveness.

- Handling oppositions or cancellations from other brand owners and negotiating coexistence agreements or settlements.

- Enforcing your rights against infringers through warning letters, customs seizures, civil court actions, or criminal complaints in Belgium.

- Recording and drafting licenses, assignments, and security interests so they are valid and enforceable against third parties.

- Coordinating Benelux, EU, and international protection to align with budget and business plans.

Local Laws Overview

- Filing and scope: Trademarks covering Hasselt and all of Belgium are filed with the Benelux Office for Intellectual Property. A Benelux mark covers Belgium, the Netherlands, and Luxembourg as one territory. EU trademarks are filed with the EU Intellectual Property Office and cover the entire EU. International registrations are managed through the Madrid System, designating Benelux or the EU.

- Examination: The Benelux Office examines on absolute grounds, such as distinctiveness and descriptiveness. Relative grounds, such as conflicts with earlier marks, are not examined automatically. Owners of earlier rights can oppose after publication.

- Opposition: After publication, there is a short opposition window at the Benelux Office. The opponent usually relies on earlier Benelux or EU trademarks or international registrations designating Benelux. A non use defense can apply if the earlier mark has been registered for at least 5 years without genuine use.

- Use and vulnerability: After registration, marks become vulnerable to revocation for non use if not genuinely used for the goods and services for an uninterrupted 5 year period. Genuine use in a part of the Benelux may suffice depending on the market and the goods or services.

- Duration and renewal: Registration lasts 10 years from the filing date and can be renewed indefinitely in 10 year periods. A late renewal grace period is available with surcharge.

- Enforcement: Trademark owners can seek injunctions, seizure of infringing goods, damages or an account of profits, destruction of infringing stock, and publication of judgments. Belgian customs can detain suspected counterfeit goods under EU customs rules. Serious counterfeiting may also trigger criminal enforcement by the Economic Inspection.

- Courts and language: IP disputes are heard by the Enterprise Courts with designated IP competence in Belgium. Brussels has special jurisdiction for certain EU title cases. Cases connected to Limburg are typically brought before the Enterprise Court with territorial competence, subject to specific IP rules. Proceedings in Hasselt and the broader Flemish region are generally conducted in Dutch.

- Names and signs: Company name registration in the Crossroads Bank for Enterprises and domain name registrations do not automatically grant trademark protection. Trade names can create unregistered rights through use and may be enforced regionally, but these do not replace a Benelux trademark.

- Licensing and assignment: Transfers and licenses must be in writing. Recordal at the Benelux Office is strongly recommended to make the change effective against third parties and to ensure clarity in enforcement.

- Exhaustion and parallel trade: The EU and EEA apply regional exhaustion. Once genuine goods are put on the EEA market by or with the consent of the trademark owner, the owner cannot prevent further resale of those goods in the EEA, subject to limited exceptions such as changes or impairment of the goods.

Frequently Asked Questions

What is the best way to protect my brand in Hasselt?

File a Benelux trademark to cover Belgium, the Netherlands, and Luxembourg in one step. If you plan to sell EU wide, consider an EU trademark. You can also combine these with the Madrid System to extend abroad.

Do I need to register in Belgium only?

No. There is no national Belgian trademark registration. Protection is obtained through a Benelux registration. This will automatically cover Belgium, including Hasselt.

How long does it take to get a Benelux trademark?

If there are no objections or oppositions, many applications proceed to registration in about 3 to 5 months from filing. Oppositions or objections can extend the timeline significantly.

What can be refused on absolute grounds?

Marks that are descriptive, generic, non distinctive, deceptive, contrary to public policy, or consist exclusively of shapes or characteristics resulting from the nature of the goods, necessary to achieve a technical result, or that give substantial value to the goods can be refused.

How long do I have to oppose someone else’s mark?

There is a short opposition period after publication at the Benelux Office. If you miss it, you can still bring a court action for invalidity, but opposition is typically faster and less costly. Set up monitoring to avoid missing deadlines.

Do I have to use my mark in Hasselt specifically?

Your Benelux mark must be put to genuine use in the Benelux within 5 years after registration. Use in part of the Benelux can be enough depending on the goods or services and market conditions. Evidence from Belgium, including Hasselt, can be helpful but is not the only way to show use.

What is the difference between a company name, a trade name, and a trademark?

A company name identifies the legal entity in official registers. A trade name identifies a business as used in commerce. A trademark distinguishes goods or services. Trade names and company names do not automatically grant trademark rights, and they can coexist or conflict depending on use and scope.

Should I file my logo and word mark together or separately?

If budget allows, file the word mark on its own for broader protection across stylizations. File the logo separately if the graphic has independent value. A combined mark protects the combination as registered and can be useful, but is narrower if the design changes over time.

How can I stop counterfeit products entering Belgium?

File a customs application for action so Belgian customs can detain suspected infringing goods at the border. You can submit a national application covering Belgium or request EU wide customs measures. Keep product identification guides and contacts updated for quick action.

Where will a trademark dispute be heard if I am based in Hasselt?

Trademark cases are brought before the designated Enterprise Courts with IP competence. The court with territorial jurisdiction will depend on the facts, with some matters related to EU trademarks concentrated in Brussels. Proceedings in Flanders are generally in Dutch.

Additional Resources

- Benelux Office for Intellectual Property

- EU Intellectual Property Office

- World Intellectual Property Organization

- Belgian Intellectual Property Office at the Federal Public Service Economy

- Belgian Customs and Excise Administration

- Economic Inspection at the Federal Public Service Economy

- DNS Belgium for .be domain names and dispute policy

- VLAIO - Flanders Innovation and Entrepreneurship

- Enterprise Europe Network Flanders

- Benelux Court of Justice

Next Steps

- Map your brands: List your core names, logos, slogans, and product lines. Prioritize what needs protection first.

- Define scope: Identify the goods and services you offer now and expect to offer in the next 3 to 5 years to shape the specification.

- Run clearance: Arrange a Benelux and EU search for identical and confusingly similar marks, trade names, and domains. Include linguistic checks in Dutch, French, and English.

- Choose filing route: Decide between a Benelux trademark, an EU trademark, or a phased approach. Consider the Madrid System if expanding outside the EU.

- Set a budget and timeline: Include official fees, search costs, attorney time, and potential opposition or response costs.

- File and monitor: File electronically, watch for office communications, and set up a watch service to detect conflicting filings early.

- Prepare evidence of use: Keep dated materials such as invoices, catalogs, ads, website captures, and social media analytics to prove use if needed.

- Plan enforcement: Implement brand guidelines, record licenses, and consider a customs application for action. Address infringements promptly with tailored correspondence or litigation when necessary.

- Engage local counsel: Consult a trademark lawyer or Benelux trademark attorney familiar with proceedings in Flanders and the Enterprise Courts. Counsel can represent you before the Benelux Office and in Belgian courts, and coordinate with EU and international offices.

This guide is for general information only. For advice tailored to your situation in Hasselt, consult a qualified lawyer or trademark attorney.