Will the choice between Benelux and EU mark change this year?
The short answer: the fundamental difference between a Benelux mark and a Union mark does not change from year to year. A Benelux mark provides protection in the Netherlands, Belgium and Luxembourg, a Union mark in all EU member states, and this starting point is fixed in the underlying legislation. What can shift are the building blocks on which you base that choice: the fees that the BOIP and EUIPO each set, and the list of goods and services from the Nice Classification with which you describe your classes.
For an entrepreneur, this means above all that an assessment that made sense last year may not produce the same result this year. Not because trade mark law itself has been amended, but because the figures and terminology behind it are reviewed periodically. Anyone preparing an application does well to examine these two elements separately from the question of whether Benelux or EU fits their business.
What can change each year
The BOIP and EUIPO set their own fees, independently of each other and at their own time. This concerns the basic fee for the first class, the fee per additional class, and any charges for, for example, an expedited procedure. Because these are two separate offices, in one year the Benelux route may work out relatively more favourably and in another year the EU route, depending on how many classes you need.
In addition, the Nice Classification, the international list used to classify goods and services into classes, is periodically updated with a new edition. Terms are added, merged or reformulated. This does not directly affect the choice between Benelux and EU, but it does affect the precision with which you describe your classes, and that in turn has an impact on costs because a broader or more precise description may mean that you can manage with fewer or indeed more classes.
Why this matters to your decision
The choice between Benelux and EU essentially comes down to territorial coverage: where do you sell now, and where do you want to be within a reasonable timeframe. That question does not change due to a fee revision. But the question of how much that coverage costs, and whether the difference between the two routes justifies the additional coverage, does depend on current fees. An undertaking that is undecided between three Benelux countries and the entire EU thus weighs not only the legal scope but also an amount that may be set anew each year.
The same applies to class selection. If a new edition of the Nice Classification reformulates a term you used previously, it may be that your description deserves an update before you file, regardless of whether you choose Benelux or EU. This is not a cause for concern, but something to check before filing rather than after.
How to check this for your own application
The current fees of the BOIP and EUIPO are published on their respective websites, and apply directly between you and the office; they do not go through an intermediary. For class descriptions, the harmonised TMclass database is the appropriate source, as it contains the current terms accepted by both offices. If you are unsure whether your own description still aligns with the latest edition, it is advisable to verify this before an application is filed, as an imprecise description is harder to correct after filing than before.
On marcai.eu you can get an indication in a few questions of where your mark stands, and with a registration we ensure that the classes and application are aligned with the classification valid at that time. The fees of the BOIP or EUIPO are thereby shown transparently alongside our own service fee, so you see exactly which part goes directly to the office. If you want to know first what that guidance looks like in practice, you'll find it explained on the page that explains step by step where our information comes from.
What does not change
What remains the same is the core of the assessment itself: where is your market, where do you expect to sell within the foreseeable future, and how many classes does your offer actually cover. A fee revision or a new Nice edition shifts the calculation, but not the question you ask yourself as a business owner. For the legal interpretation of your specific situation, for example when you want to expand internationally via the Madrid Protocol, a trade mark attorney or lawyer is the right contact; we also hand over files to someone like that in case of refusal or opposition.
Anyone who wants to check whether the current class structure and fees still align with their own plans can do so free of charge and without an account via the mark check, or first read through the other topics in the knowledge base in peace.