The administration in charge of industrial property rights in Benelux is about to see its area of jurisdiction expand, which is good news for users. This means that from June 1, 2018 it will be possible to request cancellation of a trademark registered with this administration, whether on the absolute and relative grounds of the trademark’s validity or in the event of serious misuse. This new line of administrative action should prove simpler and less expensive for those involved, and also – or at least one would hope – quicker than pursuing the litigation route. Note that this change does not put an end to the possibility of bringing an action before the competent court. As regards opposition procedures, new grounds could be invoked in this kind of procedure, namely that the holder of a well-known trademark could oppose, or claim the nullity of, a later trademark resembling theirs, registered for non-similar products or services, if the later trademark harms or draws undue profit from the distinctive character of the longer-established trademark. Lastly, procedures for appealing decisions made by the administration will be harmonized and simplified, in that all new appeals against decisions concerning trademarks, utility models and i-DEPOTs will now have to be submitted to the Benelux Court of Justice, which as a result will soon have a new, second courtroom.
