What is the procedure for applying for Dutch trademarks and patents?
Specific procedures (1) Prepare application documents: application form and patent documents. The application form can be downloaded from the website of the Patent Office and must be filled in Dutch. Patent documents shall describe the contents of the patent in Dutch or English, and the description shall use legal terms and be as accurate as possible, and the format shall meet the legal requirements. The Dutch Patent Office suggests that patent lawyers should be hired when applying for complex patents, and lawyers should help write patent documents to reduce the possibility of patent challenges. Patent lawyers must be registered in the Patent Office, and all information about patent lawyers can be found on the website of the Dutch Patent Lawyers Association (www.octrooigemachtigde.nl). (2) Submit the application documents and pay the patent application fee. There are several ways to submit documents:-by letter. -submitted by myself or a patent lawyer during the office hours of the Patent Office. -Submitted by fax. —— Apply online through the Epoline system of the European Patent Office (www.epoline.org). Among them, the online application fee is 80 euros, and other fees are 120 euros. No cash payment, only transfer. If the information in the application documents is incomplete, the Patent Office will give the applicant a list of supplementary information, and the applicant should supplement it completely within 3 months, otherwise the patent will be invalid. (3) Apply to the Patent Office for novelty investigation within 13 months after filing a patent application. The patent application form includes the novelty investigation application, or the investigation application can be submitted separately after the patent application is submitted. Novelty survey can choose Dutch survey (100 Euros) or international survey (794 Euros), the former is completed by the Dutch Patent Office and the latter by the European Patent Office. (4) Submit an application for novelty investigation and receive the investigation report about 9 months later. The investigation report consists of two parts, one part is the document number of relevant patent documents and magazine articles, and the other part is the written opinion issued by the Patent Office, explaining the influence of the first part of the document on the novelty of patent application. (5) Within 2 months after receiving the investigation report, the applicant shall modify the wording of the patent document as appropriate according to the investigation report. (6) The patent is generally valid for 20 years, and the patent maintenance fee is paid every year from the fourth year after it takes effect, and the fee is increasing year by year. Two. Registered Trademarks The organization responsible for trademark registration in the Netherlands is the Benelux Trademark Office. Successful registered trademarks will be valid in the Netherlands, Belgium and Luxembourg. The validity period is usually 10 year, and the registration can be extended indefinitely. The validity period of each renewal registration is still 10 year. (1) To submit an application, you can download the Dutch or French version of the application form from the website of the Benelux Trademark Office (www.boip.int), submit it by letter, fax or door-to-door, or directly apply online on the website. The Benelux Trademark Office will send a letter to inform whether the application meets the minimum specifications and the registration fee to be paid. The general trademark registration fee is 240 euros. The applicant shall complete the payment within 1 month after submitting the application. (2) Application for Publicity The Benelux Trademark Office issued the application requirements through the Registered Trademark Registry. (3) Substantive examination The substantive examination of a trademark by the Benelux Trademark Office generally takes 3-4 months. Other registered trademark holders have the right to raise objections within 2 months after publicity. If negotiation fails, the Benelux Trademark Office will make a decision. (4) If the registration is approved, the Benelux Trademark Office will issue a trademark registration certificate to the applicant. If the review is unqualified, you may apply for reconsideration in writing within 6 months. If the Trademark Office refuses to change the decision, the applicant may appeal to the court. Under special circumstances, you can ask for expedited treatment, and you need to pay an expedited fee. Registration can be completed within a few days, but after registration is successful, substantive review will still be carried out.