The system for trademark protection in Belgium includes:

• Registration

Belgium belongs to the following international treaties:

• Paris Convention
• Madrid Agreement
• Madrid Protocol
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
• Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks
• Trademark Law Treaty ("TLT")
• Singapore Treaty on the Law of Trademarks

The benefits of registering a trademark in Belgium include:

• It entitles the proprietor to bring an infringement action

Service marks

Yes

Defensive marks

Yes, there are no defensive marks as a concept, but indirectly it is possible to register such marks for five years.

Collective marks

Yes, collective marks are for use by members of an association. The association is the owner of the collective mark. The trademark serves to inform that that the products or services bearing it are provided by a member of the association. Typically, it is the type of trademark that associations of producers use, for example, a group of farmers from a particular region. Unlike a certification mark, a collective mark can serve as an indicator of geographical origin. The filing of a collective trademark must be accompanied by regulations governing the use. A collective trademark does not entitle the holder to prohibit a third party from using such signs in the course of trade, provided that these are used in accordance with honest practices in industrial or commercial matters (Chapter 8 Benelux Convention on Intellectual Property (“BCIP”)).

Certification marks

Yes, certification marks show that the owner of the mark has guaranteed that the products or services bearing the mark have certain characteristics, for example, that they have been produced in a certain way or comply with specific quality criteria. In principle, any conceivable attribute can be certified in this way, with the exception of the geographical origin of products or services. Furthermore, any entity can own a certification mark, provided that it does not supply the relevant products or services itself. An applicant for a certification mark shall submit regulations governing use with the application (Chapter 8bis BCIP).

Well-known marks

Yes, a well-known mark is a mark known by a significant part of the public concerned by the products or services which it covers; in the Benelux territory, it is sufficient for the registered trademark to be known by a significant part of the public concerned in a substantial part of that territory, which part may consist of a part of one of the countries composing that territory. Such a mark should be capable of distinguishing the goods or services of one undertaking from those of other undertakings and being represented in the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection granted to its owner (art. 2.1).

Series marks

No

Marks in a different language or characters other than Roman characters

Yes, should be capable of distinguishing the goods or services of one undertaking from those of other undertakings and being represented on the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection granted to its owner (Art. 2.1 BCIP). A sign can be represented in any appropriate form using generally available technology (e.g. words, graphics, sound, video, etc.). 

Non-traditional marks: Sound marks

Yes, should be capable of distinguishing the goods or services of one undertaking from those of other undertakings and being represented on the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection granted to its owner (Art. 2.1 BCIP). A sign can be represented in any appropriate form using generally available technology (e.g. words, graphics, sound, video, etc.). 

Non-traditional marks: Smell marks

No

Non-traditional marks: Position marks

Yes, should be capable of distinguishing the goods or services of one undertaking from those of other undertakings and being represented on the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection granted to its owner (Art. 2.1 BCIP). A sign can be represented in any appropriate form using generally available technology (e.g. words, graphics, sound, video, etc.).

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, should be capable of distinguishing the goods or services of one undertaking from those of other undertakings and being represented on the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection granted to its owner (Art. 2.1 BCIP). A sign can be represented in any appropriate form using generally available technology (e.g. words, graphics, sound, video, etc.). The color should be indicated precisely by referring to an international code (example: “Pantone”)Non-traditional marks: Shape or three-dimensional marksYes, should be capable of distinguishing the goods or services of one undertaking from those of other undertakings and being represented on the register in a manner that enables the competent authorities and the public to determine the clear and precise subject matter of the protection granted to its owner (Art. 2.1 BCIP). A sign can be represented in any appropriate form using generally available technology (e.g. words, graphics, sound, video, etc.). May however not be registered, signs which consist exclusively of (i) the shape, or another characteristic, which results from the nature of the goods themselves; (ii) the shape, or another characteristic, of goods which is necessary to obtain a technical result; or (iii) the shape, or another characteristic, which gives substantial value to the goods.

Documents and information required to file a trademark application include:

• Name and address of the applicant
• Representation of the trademark
• Goods and services and the class(es) for which the trademark is to be registered

Yes, multi-class applications are permitted in Belgium. No maximum classes are prescribed, but an additional amount must be paid for each additional class.

Absolute grounds for refusal of a trademark in Belgium include:

• Mark has direct reference to the character or quality of the goods or services
• Mark is not distinctive
• Other: Additional grounds for refusal are the following: (1) trademarks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade; (2) signs which consist exclusively of: (i) the shape, or another characteristic, which results from the nature of the goods themselves; (ii) the shape, or another characteristic, of goods which is necessary to obtain a technical result; (iii) the shape, or another characteristic, which gives substantial value to the goods; (3) trademarks which are contrary to public policy or to accepted principles of morality; (4) trademarks which are of such a nature as to deceive the public, for instance, as to the nature, quality or geographical originof the goods or service; (5) trademarks which have not been authorised by the competent authorities and are to be refused or invalidated pursuant to Article 6ter of the Paris Convention (States’ flags and emblems, names and emblems of international intergovernmental organizations); (6) trademarks which are excluded from registration pursuant to Union legislation or the internal law of one of the Beneluxcountries, or to international agreements to which the European Union is party or which have effect in a Benelux country, providing for protection of designations of origin and geographical indications; (7) trademarks which are excluded from registration pursuant to Union legislation or international agreements to which the European Union is party, providing for protection of traditional terms for wine; (8) trademarks which are excluded from registration pursuant to Union legislation or international agreements to which the European Union is party, providing for protection of traditional specialities guaranteed; (9) trademarks which consist of, or reproduce in their essential elements, an earlier plant variety denomination registeredin accordance with Union legislation or the internal law of one of the Benelux countries, or international agreementsto which the European Union is party or which have effect in a Benelux country, providing protection for plant variety rights,and which are in respect of plant varieties of the same or closely related species (Art. 2.2bis BCIP).

Relative grounds for refusal of a trademark in Belgium include:

• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
• Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
• Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.

Not provided. 

Yes, it is possible to renew a trademark registration up to six months after the expiry date. However, any renewal beyond the expiry date will incur additional fees.

Yes, within a period of five years, the trademark owner must put the trademark to genuine use in the Benelux territory in connection with the goods or services in respect of which it is registered. Should he fail to do so, he shall not be entitled to (a) oppose the registration of a later trademark (b) initiate infringement proceedings, (c) initiate invalidity proceedings for another trademark (Art.2.23bis, 2.23ter, 2.23quater, 2.30quinquies BCIP). Furthermore,  a trademark that has not been put to genuine use may be declared null and void upon request of any interested party (Art. 2.28 BCIP). However, even if the trademark is under use obligation, there is no requirement to systematically submit evidence of use to the trademark office.

No, however, it is recommended that trademark licensees record themselves with the Registrar. Record in the Registrar is necessary for the licensee to impose its rights upon third parties having concurring rights, and arguably to file infringement proceedings.

Available enforcement methods in Belgium include:

• Civil enforcement
  • Infringement action
• Criminal enforcement
• Border or other administrative enforcement measures

Pursuant to Art. 2.20, 2. d. BCIP, Benelux trademarks feature broader protection than European trademarks, even for trademarks that are not well-known. Unlike other trademark infringements, the infringement of a Benelux trademark does not have to be committed 'in the course of business' in order to be prohibited. Thus, the owner of a Benelux trademark can have the use of a sign prohibited:(i) for purposes other than to distinguish goods or services (ii) where the use of that sign takes unfair advantage of or is detrimental to, the distinctive character or the repute of the trademark and (iii) without due cause. Moreover, the time period from application to registration for a Benelux trademark is rather short, i.e. 3 months.