Using a logo does not make you its owner in the way most people assume. In Belgium, effective protection of a trade name or logo comes from a trademark filing, either in the Benelux with the BOIP or across the whole EU with the EUIPO. Without that filing, a competitor can register a sign close to yours, and you are the one who may have to change your identity.
Yet the figures show that few small businesses take the step. According to a joint study by the EUIPO and the European Patent Office published in 2025, fewer than 10% of European SMEs own registered intellectual property rights, compared with almost half of large companies. The same study found that SMEs holding such rights generate 44% more revenue per employee than those that do not.
For a Belgian SME, the stakes are concrete: a visual identity represents years of investment (logo, website, vehicles, packaging, online reputation). A filing costs a few hundred euros. A forced rebrand costs thousands of euros and part of your recognition.
Fewer than 10% of European SMEs own registered intellectual property rights.
What does (and does not) protect your visual identity
Many business owners believe they are covered because they have already completed some administrative step. They are not.
Are your company number and domain name enough?
No. Registration with the Crossroads Bank for Enterprises (BCE/KBO) records your company name, not a trademark. In the same way, registering a domain name (see our comparison .be or .com) gives you a web address, not a monopoly on the name. These elements can help prove prior use, but they do not replace a filing.
What about copyright on the logo?
An original logo is protected by copyright from the moment it is created, with no formalities. But that right belongs to its creator, not automatically to the company that paid for it. Under Belgian law, an assignment of copyright must be set out in writing and is interpreted restrictively. If your contract with the designer says nothing about it, you use the logo, but you are not necessarily its rights holder.
What a trademark filing adds
A registered trademark gives you an exclusive right of use for specific goods and services, in a specific territory, for 10 years, renewable indefinitely. It is what allows you to oppose a competitor filing a similar sign, or to have an imitation removed.
Benelux or European Union: which filing should you choose?
The choice depends on one simple question: where do you sell, and where do you plan to sell over the next five years?
The Benelux filing (BOIP)
It covers Belgium, the Netherlands and Luxembourg in a single procedure. According to the official BOIP fee schedule reported in September 2026, a filing costs €244 for one class, €27 for the second and €81 per class from the third onwards. Renewal after 10 years costs €263 for one class. After publication, holders of earlier rights have a two-month opposition period.
This is the right option for most Belgian SMEs and freelancers who work locally: craftspeople, shops, practices, agencies and B2B service providers active in Wallonia, Brussels and Flanders.
The EU trade mark (EUIPO)
A single filing protects the mark in all 27 member states. The official online fee is €850 for one class, €50 for the second and €150 for each additional class. The procedure usually takes several months, with a three-month opposition period after publication.
It makes sense if you sell online in several countries, export, or plan to. Beware of the downside: a successful opposition in a single EU country can block the entire European filing.
Classes: the cost item people underestimate
A trademark is registered for classes of goods and services (the Nice Classification has 45). A renovation company does not need the same classes as a bakery or a software publisher. Too few classes leave gaps in the protection; too many mean paying for nothing and raise the risk of opposition. Aim for the classes that match your actual business and what you expect to do over the next three years.
The pitfalls that cost Belgian SMEs dearly
Most unpleasant surprises do not come from the filing form, but from what happens before it.
Filing without a clearance search: the BOIP does not check for you whether a similar mark already exists. It is up to the earlier rights holder to oppose, sometimes after you have already printed your materials.
Choosing a descriptive name: "Brussels Plumbing" or "Bio Market" are hard, if not impossible, to protect. The more distinctive a name, the easier it is to defend.
Filing the logo without the name: a figurative mark protects one precise graphic combination. If you change the design, the protection may no longer cover the new version. Many companies first file the name alone (word mark), then the logo.
Forgetting the assignment of the designer's rights: without a written agreement, the creator keeps the copyright. This matters even more if your logo was partly created with generative tools, a point we cover in our article on logos created with AI.
Letting the trademark lapse: renewal every 10 years is not automatic. A forgotten filing falls back into the public domain.
A filing costs a few hundred euros. A forced rebrand costs thousands of euros and part of your recognition.
Getting your filing funded: the SME Fund 2026
The European Union reimburses part of SMEs' filing costs through the EUIPO's SME Fund. For 2026, the programme runs from 2 February to 4 December and covers 75% of trademark and design filing fees, up to €700 per SME.
Bad news for this year: according to the EUIPO, the trademark and design strand (voucher 2) is already exhausted due to the volume of applications. If you were counting on it, you have two options: file now at your own expense so a competitor does not get there first, or prepare your file (clearance search, choice of classes, final visuals) to apply as soon as the 2027 edition opens, if the programme is renewed. For regional grants that may complement this kind of expense, the logic is similar to the one described in our guide to funding automation: check the conditions before committing the expense.
Designing a logo that is easy to protect
A good filing starts with a good design. When we handle a logo design project, several protection criteria come into play from the very first sketches:
A distinctive name first and foremost: graphic design cannot make up for a generic name.
A simple, stable shape: a clean logo withstands changes better and is easier to recognise in a dispute.
Clean source files: the filing is made from a sharp image, in black and white or in your official colours. The formats to ask for are detailed in our article on the logo files to request from your designer.
A decision on colours: filing in black and white generally protects the shape whatever the colour; filing in colour can strengthen protection of your colour combination.
If your visual identity is due to change soon, do the redesign before filing. Filing a logo you plan to change within six months means paying twice.
Frequently asked questions
How much does it cost to register a logo in Belgium?
Official BOIP fees start at €244 for one class in the Benelux. At European level, the EUIPO charges €850 for one class online. If you use professional support, add the fees of an intellectual property attorney and a clearance search.
Should I register my company's name or its logo?
Ideally both, but if the budget is tight, start with the name (word mark). It protects the word whatever its styling. The logo (figurative mark) protects a precise design and becomes useful once your visual identity is stable.
Can my designer reuse the logo they created for me?
Without a written assignment of copyright, they remain the holder of their rights in the creation. Ask for an explicit assignment clause in the quote or contract, specifying the uses, duration and territory.
How long does it take to obtain a Benelux trademark?
Generally allow a few months between filing and registration, notably because of the two-month opposition period after publication. The BOIP also offers an accelerated procedure for an extra fee.
Priority action plan
Check what you own: reread your contract with your designer and ask for a written assignment of rights if it is missing.
Run a clearance search: consult the BOIP and EUIPO registers to spot similar marks in your classes.
Choose the territory: Benelux if your business is local, European Union if you sell or plan to sell abroad.
Select your classes: stick to the goods and services you actually offer or plan to offer in the short term.
File, then diarise the renewal: note the 10-year deadline and watch for competing filings close to yours.
A strong visual identity takes years to build and can be lost in a few weeks of litigation. Protecting your name and logo turns a design investment into a lasting business asset.
Is your logo ready to be registered? We design visual identities built to last for Belgian SMEs, from the first sketch to the final files.
Design
September 19, 2026
8 min read
