Trade Mark Registration Certificate Translation for the Netherlands

The Benelux (BOIP) system: there is no national mark

The Netherlands, Belgium and Luxembourg form a single trade mark territory; rather than three separate registrations, one registration is made at Benelux level, and the BOIP administers it. A “Dutch trade mark” registration is therefore in fact a Benelux mark, and protection extends to all three countries. The alternative to it is a European Union trade mark covering the whole of the EU. When a registration from Türkiye is extended here, designating Benelux or the EU through WIPO under the Madrid Protocol is another route in common use. Which office the document is filed with determines the language and the scope of the translation.

The registration number and the filing and protection dates on the certificate must match the data of the basic mark; these are numerical identity and are carried across without being translated. The link between the basic registration and the Benelux or EU registration is kept consistent throughout the document; treating a mark protected across Benelux as though it were confined to the Netherlands misrepresents the territory of protection.

The Nice classification and the list of goods and services

Trade mark protection is granted for particular classes of goods and services, and that classification rests on the international Nice system. The real weight of the translation lies in the list of goods and services: which products and services are protected must be carried across exactly and in full. Since the target language may be either English or Dutch depending on the proceeding, this is settled at the outset; a word choice that shifts the coverage of a single item alters the boundary of protection. A list prepared in the wrong language can cost a whole round of delay, so the target language is confirmed with the authority the filing is addressed to.

A frequent confusion is to take the class heading and the list of goods and services to be one and the same. The heading gives no more than a general frame; the actual scope of protection is determined by the concrete items enumerated under that class. Shortening the list, or making do with the heading, misstates the scope before the BOIP or the EUIPO. Nice class numbers are kept as they stand and in the same order.

The sign is not translated, the endorsements are preserved

A trade mark is a sign, and a sign is not translated: a word mark is left as it stands, while a figurative element or logo is described inside square brackets. Translating a mark according to its meaning turns the protected sign into an altogether different one and makes the document unusable. The type of mark (word, figurative, composite) and the proprietor’s name and address are carried across in full as identifying data.

Protection endures, but it is not unlimited; renewals, assignments and changes of company name appear on the certificate as endorsements, and every one of them is preserved in translation. After an assignment, rendering both the former and the current name of the proprietor correctly is what keeps title traceable without a break; omitting dates and entry numbers destroys that traceability. Treating a mark protected across Benelux as though it were confined to the Netherlands makes the territory of protection look narrower than it is and misleads the other side in its assessment.

• Remember that protection is Benelux-wide; do not confine it to the Netherlands.
• Carry the list of goods and services across in full; do not settle for the class heading.
• Do not translate the word mark; confirm the target language for the proceeding.

Certification: office format rules and Rbtv registration

What decides matters during registration is usually a translation that complies with the BOIP’s or the EUIPO’s own language and format rules. Sworn translation comes into play elsewhere: as an annex to a licence agreement, at customs or in infringement proceedings. A translator producing an official translation in the Netherlands is expected to be entered in the register of sworn translators (Rbtv), and the registration number appears on the certification page. The Turkish chain – sworn translator, notary, apostille – may also be considered as an option. The Netherlands is a party to the Hague Apostille Convention; if an apostille is required, confirm the current position from the official HCCH list. You can handle the process through our single office in Ankara Kızılay, see the cost on our pricing page and request a quotation by uploading your document. This page is for general information; for registration strategy, consult your trade mark attorney.