As of October 1st 2013, the opposition period for new applications will be determined in a new manner by the BOIP. Therefore the following changes should be taken into considertion when filling trademark registrations within the benelux.
Currently, the opposition period has always been determined as the first day of the month, following the date of the initial trademark application. As of October 1st 2013, this period will commence from the moment of publication.
The current situation is one where the actual opposition period is different to the time of publication, via this new system this will be no longer be an issue. This amendment reflects the fact that trademark applications will no longer be published monthly, but daily, for quite some time.
For benelux registrations, the date on which the opposition period expires are always mentioned in the online trademark register. For international deposits, the international registry should be consulted to see if a application has been published.
The new provisions are found in the protocal adjusting the BCIP of July 22, 2010 (Article 2.14 for Benelux filings, Article 2.18 for international filings) They shall apply to registrations that are published on or after October 1, 2013
Furthermore, on 1 October there are more significant changes in procedures that will be placed into force by the BOIP. You are hereby instructed to visit www.boip.int to review all lastest changes in benelux trademark procedures.
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