For founders about to launch
Trade Mark in the Netherlands for a New Brand
We run the name check with you, prepare your application and set it in your launch order. BOIP examines and decides.
- One filing covers Belgium, the Netherlands and Luxembourg
- State fee from EUR 244 for 10 years, one class (BOIP)
- Three months on average if no one opposes (BOIP)
- You may file in English
The name and logo you launch with.
Trade mark in the Netherlands, set in your launch order
We help founders protect the name and logo they start with. We run the name check with you, prepare your Benelux application at BOIP or an EU application at EUIPO, and explain each step after filing. For freelancers, sole traders and two co-founders; the same question comes with the first Dutch BV of a starter.
The order matters. Register the domain name first, because the KVK registration makes the name public. Then check the name, decide what to protect, and file. BOIP examines the application and decides; we promise no outcome.
Trade name and trade mark: two rights for one name
The Business Register records your trade name (art. 9 sub b Handelsregisterwet 2007); the exclusive right to a mark comes only from registering the mark. Read together, the two rules mean a KVK registration is not a trade mark.
Trade name and trade mark compared, from the Dutch statutes, BOIP and the KVK, checked in late September and early October 2026.
| Trade name (handelsnaam) | Trade mark (merk) | |
|---|---|---|
| What it is | The name under which a business is run (art. 1 Handelsnaamwet) | A name, a logo or both, registered for listed goods and services |
| How it arises | From use: the first user is protected against a later one, whether or not the name is in the Business Register (KVK) | Only by registering a mark applied for in the Benelux, or an international registration extending to it (art. 2.2 BCIP) |
| Where it is recorded | The Business Register, with your business registration (art. 9 sub b Handelsregisterwet 2007) | The BOIP Trademarks Register for a Benelux mark; EUIPO registers an EU mark |
| Territory | Only the region where your business is active (BOIP) | The whole Benelux; it cannot be limited to one of the three countries (business.gov.nl) |
| Without registration | Not applicable | Save well-known marks, no protection in court for a sign used as a mark (art. 2.19 lid 1 BCIP) |
| Limits that catch a new name | Not a name another already lawfully uses where confusion is to be feared; not one containing another's mark where confusion about the origin of goods is to be feared; not misleading (arts. 5, 5a and 5b Handelsnaamwet); protected words such as bank, architect, accountant, lawyer, civil-law notary and bailiff (KVK) | Refused without distinctive character, or if it only describes the goods or services (art. 2.2bis lid 1 sub b and c BCIP) |
| State money | KVK one-off registration fee EUR 85.15 (2026), for the business registration | From EUR 244 for 10 years, one class (BOIP) |
Who enforces: for a trade name, the sub-district court (kantonrechter) at the request of any interested party (art. 6 lid 1 Handelsnaamwet); for a mark, opposition at BOIP and appeal to the Benelux Court of Justice.
What's included
Name check with you
The KVK Name Check or BOIP's Name checker (both registers at once), variants of the name, and TMview if you sell outside the Benelux. We report what they show.
The four decisions, prepared
Word, logo or both; the final logo file; the classes and the goods and services; whether the name can pass the distinctiveness test. We set out the conditions; you decide.
Your Benelux application at BOIP
Prepared in My BOIP, in the Basic module for a word or figurative mark, in English if you wish. Who submits it is agreed in our offer.
An EU application at EUIPO, if you choose it
The fee is due within one month of receipt, the opposition period is three months, and a refusal in one member state refuses the whole mark.
Every step after filing, explained
Publication and the two-month opposition window, a provisional refusal and its period, registration, the ten-year term and renewal: what each stage means for you.
Your launch order, set out
Domain, name check, filing and KVK registration in sequence, with the BOIP and KVK fees. The order of filing and registering at the KVK stays your choice.
Where our work stops
No guarantee of registration, no opinion that the name is free, no opposition or court work, no tax advice on the mark. Filing is not a reserved profession, and we are not trade mark attorneys.
Our address is a separate product
A client who takes this service does not take our registered office or virtual office address for the same company or group, and the reverse. The enquiry form asks which you want.
How the process works, from the domain to the register
The Benelux route, in order; the EU route differs in fee and opposition period.
Register the domain name
(you). Before the KVK registration, which makes the name public, as the KVK advises; for .nl, at SIDN.
Check the name
(you, with us). KVK Name Check or BOIP's Name checker, variants, TMview; and the trade-name limits: another's mark inside the name, a misleading name, a protected word.
Decide what to protect
(you, with us). Word, logo or both; the final logo; the classes (45 in all, their number sets the fee, none added after publication); Benelux or EU.
File at BOIP and pass the formal check
(you or a representative). The application and fee go in; it appears in the register within a day. Information missing after BOIP's deadline means refusal, no refund.
Publication and the opposition window
(BOIP, earlier right holders). Two months from publication (art. 2.14 lid 1 BCIP). An opposition costs EUR 1,045; the losing side pays EUR 1,045 to the other.
Substantive examination
(BOIP). A provisional refusal is answered within the period in BOIP's letter, at most six months from the first notice; a final refusal can be appealed to the Benelux Court of Justice within two months.
Registration
(BOIP). Three months on average if no one opposes; no official figure for an opposed case. Valid ten years from the filing date. The accelerated route, from EUR 440, can be reversed, no refund.
Register the business at the KVK
(the owner; for a BV, the notary). It records the trade name. Only the owner registers an eenmanszaak (sole proprietorship): see sole proprietorship registration in the Netherlands and, for freelancers, our freelancer (zzp) status overview. Fee EUR 85.15 (2026). No source fixes its place among steps 4 to 7.
Official timing or fee Indication only
- Register the domain nameYou, before the KVK registrationNo official time is published
- Check the name in both registersYou, with usNo official time is published
- Choose word, logo or both, and classesYou, with usNo official time is published
- File at BOIP, formal checkYou or a representativeIn the register within a day
- Publication and opposition windowBOIP, earlier right holders2 months from publication (art. 2.14 lid 1 BCIP)
- Substantive examinationBOIPAnswer within the period in BOIP's letter, at most 6 months
- RegistrationBOIP3 months on average if no one opposesValid 10 years from the filing date
- Register the business at the KVKThe owner; for a BV, the notaryEUR 85.15 (2026)Before or after steps 4 to 7: no official order
Not sure whether to file before or after your KVK registration?
We set out both orders with their state cost, including a later transfer to your company (EUR 56 at BOIP for the first mark). You choose.
What you decide and supply before filing
From BOIP's requirements list, which names no notarised or legalised document.
- The mark: the word, or the final logo file; colour codes if colour is claimed.
- The applicant: name and address, and for a company its legal form.
- The goods and services, described and assigned to classes.
- Your choice: the name, the logo or both.
- Your choice: a Benelux or an EU trade mark.
- How many classes: they set the fee, and none are added after publication.
- Outside the EEA with no EEA representative: a correspondence address in the EEA.
- A priority claim: the earlier foreign filing's details and proof, within six months.
- The state fee, paid at filing: the filing date depends on it.
- The signature of the applicant or the representative.
State fees and periods, Benelux and EU
State fees only, from each office's own fee page. Our fee is on request.
State fees of BOIP and EUIPO, from their fee pages as archived on 29 September 2026. BOIP's fees carry no VAT. Totals are worked from the fee tables.
| Item | Benelux, at BOIP | EU, at EUIPO |
|---|---|---|
| One class, 10 years | EUR 244 (BOIP fee table) | EUR 850 online (EUIPO fees) |
| Second class | EUR 27 | EUR 50 |
| Each class from the third | EUR 81 | EUR 150 |
| Total for 3 classes (worked) | EUR 352 | EUR 1,050 |
| Total for 5 classes (worked) | EUR 514 | EUR 1,350 |
| When the fee is paid | At filing; the filing date depends on it | Within 1 month of receipt; nothing is examined before |
| Opposition window | Two months from publication | 3 months after publication |
| Average time to registration | Three months, if no one opposes | No official figure on the pages checked |
| If the mark is refused | The fee is not refunded | Refused as a whole if it fails in one member state; fees in principle non-refundable |
| EU SME Fund 2026 voucher | See the EU column | Trade marks and designs voucher exhausted, as read on 8 October 2026 (EUIPO) |
Problems we solve
- "I registered at the KVK, so my name is protected"
The register records your trade name, protected against a later user only where your business is active. A Benelux-wide right for named goods and services comes from a registered mark. We check both.
- "My logo is not final yet"
A registered sign cannot be changed, and a changed logo may fall outside the registration. A word mark and a logo are different signs. We lay out the sequence; you decide.
- "I live outside the EEA"
A representative must be seated or domiciled in the European Economic Area. Without one, you give a correspondence address in the EEA. The application may be in English.
- "An invoice arrived after I filed"
BOIP and EUIPO both warn of misleading payment requests made to look official. The real office fees are in the table above; check any invoice against them.
Want the name checked before anything is printed or filed?
We run the KVK and BOIP checks with you and report what they show, with no opinion that the name is free.
Why work with us
Daan Mulder, Launch and legal forms lead, Amsterdam. Eleven years on Dutch start-up files; Dutch, English, French.
From our practice: we check both registers and the logo file first, since a KVK registration is not a trade mark and a registered sign cannot change. Then the classes, then the filing.
Frequently Asked Questions
Does registering my business at the KVK protect my business name?
Only in part. The Business Register records your trade name, and the first user of a name is protected against a later user, but only in the region where the business is active. An exclusive right across Belgium, the Netherlands and Luxembourg for named goods and services comes from registering the name as a trade mark.
Can I register a trade mark only in the Netherlands?
No. A Benelux trade mark, filed at BOIP, covers Belgium, the Netherlands and Luxembourg together and cannot be limited to one of them. The alternative is an EU trade mark at EUIPO, which covers all 27 member states and is refused as a whole if the mark fails in one member state.
How much does the state charge to register a trade mark, for one, three or five classes?
For a Benelux mark, BOIP charges EUR 244 for one class for 10 years; worked from its fee table, three classes come to EUR 352 and five to EUR 514, with no VAT. An EU mark filed online costs EUR 850, EUR 1,050 and EUR 1,350 respectively. Our own fee is quoted on request.
Can my application be refused, and do I get the fee back?
Yes, it can be refused. BOIP must refuse a mark without distinctive character, or one that only describes the goods or services, and the fee is not refunded. The same happens if information BOIP asks for does not arrive in time. EUIPO states that its fees are in principle non-refundable.
What happens after I file, and can someone object?
A confirmation arrives by e-mail and the application appears in the BOIP register within a day. After publication, holders of earlier rights have two months to oppose in writing. An opposition costs EUR 1,045, and the losing side pays EUR 1,045 to the other. BOIP also examines the mark itself.
How long does it take?
BOIP gives three months on average from filing to registration when no one opposes. An accelerated route, from EUR 440 for one class, registers the mark first and examines it afterwards, so the registration can be reversed and the cost is not refunded. No official figure exists for an opposed case.
How do I check whether my name is already taken?
The KVK Name Check and BOIP's Name checker search the Business Register and the BOIP trade mark register in one query. Search variants of the name as well, and TMview if you also trade outside the Benelux. A clean result is not a clearance: the first user of a name is protected even if it is not registered.
Should I register the name, the logo or both?
BOIP registers a name, a logo or both. A registered sign cannot be changed during the registration or at renewal, and a changed logo may fall outside the existing registration. A word mark and a logo are different signs. We set out these conditions with you; the choice of what to file is yours.
Do I need an agent or a Dutch address to file, and can I file in English?
Filing is not reserved to a profession: you may file yourself or use a representative, who must be domiciled or seated in the European Economic Area. An applicant with no seat or domicile in the EEA who appoints no representative gives a correspondence address there. The application may be in Dutch, French or English.
Should I file before or after I register at the KVK?
No official page sets the order. The KVK advises registering your domain name first, because the KVK registration makes the name public. A mark filed in a founder's own name can be transferred to the company later; the transfer is recorded in writing, and BOIP charges EUR 56 for the first mark. We set out both orders.
Benelux or EU trade mark: what are the conditions of each?
A Benelux mark covers three countries for EUR 244 for one class, with a two-month opposition period. An EU mark covers 27 member states for EUR 850 for one class, with a three-month opposition period, and is refused as a whole if it fails in one member state. We discuss the conditions; the choice is yours.
Is there an EU subsidy for the fee in 2026?
The EU SME Fund 2026, run by EUIPO for the European Commission, is open from 2 February to 4 December 2026 for SMEs established in the EU and Ukraine. As read on 8 October 2026, its trade marks and designs voucher takes no new applications because the funds are exhausted. No reimbursement can be promised.
How to trademark in the Netherlands?
Check the name in the KVK and BOIP registers, decide what to protect and in which classes, then file in My BOIP and pay the fee. BOIP publishes the application, allows two months for opposition and examines the mark; registration takes three months on average if unopposed. An EU mark is filed at EUIPO, the fee due within one month.
Do US trademarks apply in Europe, and can I get an international trademark?
In the Benelux, the exclusive right comes only from a Benelux registration or an international registration extending to it. An application filed abroad can be claimed as priority within six months. An international application needs a Benelux or EU basis and goes through BOIP, which forwards it to WIPO for 100 Swiss francs; WIPO's own fees go to WIPO.
How long does a trade mark last, and what keeps it alive?
A Benelux registration lasts ten years from the filing date and can be renewed, at EUR 263 online for one class, or within six months after expiry with EUR 135 extra. Without genuine use in the Benelux within five years of registration, it is open to sanctions. BOIP and EUIPO both warn of misleading invoices that look official.
Ready to protect the name you launch with?
Send us the name, the logo and where you sell; we reply with a filing plan and the state fees that apply.