In order to deposit a brand it will have to meet three material requirements. These material requirements are from article 2.1 to 2.4 BVIE, or the Benelux Accords regarding intellectual ownership. The three requirements are:
Validity
Lawfulness
Legitimacy
The Bureau of Brands may, on grounds of their refusal capacities, refuse a depot of a trademark on grounds of absolute unavailability if the first two requirements are not met. The Bureau of Brands will research this themselves, and on this decide if a trademark can be protected or if it should be refused. The third requirement “Legitimacy” is only considered if there is opposition during the opposition procedure.