Trademarks Law in Luxembourg
Here is an overview of Trademark Law in Luxembourg, reflecting the latest legal framework and procedures:
🇱🇺 Trademark Law in Luxembourg
Luxembourg does not have a national trademark protection system. Instead, it is part of the Benelux—a union comprising Belgium, the Netherlands, and Luxembourg. As such, all trademark filings in Luxembourg are processed through the Benelux Office for Intellectual Property (BOIP), and protection extends to all three member countries. (Guichet Lëtzebuerg, iGERENT)
🧾 Key Features of Luxembourg's Trademark System
1. Registration System
First-to-File Principle: Trademark rights are acquired through registration, not use. This means that the first party to file a valid application for a trademark has the exclusive right to use it, regardless of prior use by others. (Guichet Lëtzebuerg, kashishworld.com)
Examination Process: Upon filing, the BOIP conducts a substantive examination to assess the registrability of the trademark. If no reasons for refusal are found, the trademark is registered. The average time from filing to registration is approximately 6 to 8 months.
2. Registrable Marks
A trademark may consist of any sign capable of:(Guichet Lëtzebuerg)
Distinguishing the goods or services of one enterprise from those of other enterprises; and(Guichet Lëtzebuerg)
Being represented in the register in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor. (Guichet Lëtzebuerg)
Acceptable marks include:
Words (including personal names and slogans)
Designs and logos
Letters and numerals
Three-dimensional signs (e.g., product shape or packaging)
Sounds
Colours(Guichet Lëtzebuerg)
However, ideas, concepts, and scents cannot be registered as trademarks. (Ministère de l'Économie)
3. Registration Process
Application Filing: Submit an application to the BOIP, including:(iGERENT)
A clear representation of the trademark(The International Trade Council)
A list of goods or services (classified according to the Nice Classification)
Examination: The BOIP examines the application for compliance with legal requirements.(Global Practice Guides)
Publication: If the application passes examination, it is published in the Official Bulletin of the BOIP for opposition purposes.
Opposition Period: Third parties have a 2-month period from the publication date to file oppositions.
Registration: If no opposition is filed or if opposition is resolved in favor of the applicant, the trademark is registered, and a certificate is issued.
4. Duration and Renewal
Initial Protection: Trademark registrations are valid for 10 years from the registration date.
Renewal: Registrations can be renewed indefinitely for successive 10-year periods.
Renewal Filing: Renewal applications must be filed 6 months prior to the expiration date.
Grace Period: A 6-month grace period is available after expiration, subject to payment of additional fees.
5. Opposition and Cancellation
Opposition: Third parties can oppose a trademark application within 2 months from the publication date in the Official Bulletin.
Cancellation: A registered trademark may be subject to cancellation if:
It has not been used for 5 consecutive years.
It has become a generic term or misleading.
It conflicts with earlier rights. (kashishworld.com)
6. International Protection
Madrid Protocol: Luxembourg is a member of the Madrid Protocol, allowing for international trademark registration through the World Intellectual Property Organization (WIPO). This system enables applicants to seek protection in multiple countries with a single application.
📊 Summary Table
| Feature | Details |
|---|---|
| Governing Law | Benelux Convention on Intellectual Property |
| Registration Authority | Benelux Office for Intellectual Property (BOIP) |
| Duration | 10 years from registration, renewable every 10 years |
| Opposition Period | 2 months from publication |
| Use Requirement | Yes, cancellation possible after 5 years of non-use |
| Multi-class Applications | Allowed; Nice Classification system |
| International Treaties | Madrid Protocol |
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