Affidavit Of Non Use Template for the Netherlands

When you need to formally declare that you are not using specific property, trademarks, or conducting certain business activities in the Netherlands, an Affidavit Of Non Use provides the legally recognized documentation required by Dutch authorities. This sworn statement must meet strict legal requirements under Netherlands law to be valid and enforceable in legal proceedings.

When do you need this document?

You will need an Affidavit Of Non Use in several specific situations under Dutch law. Trademark holders may require this document when defending against abandonment claims or when voluntarily surrendering unused trademarks to the Benelux Office for Intellectual Property. Property owners use these affidavits to demonstrate non-occupancy for tax purposes or insurance claims. Businesses may need to declare non-use of specific trade names or commercial activities when dissolving operations or transferring licenses. Additionally, this document is essential when responding to legal challenges regarding intellectual property rights or when participating in administrative proceedings where proof of non-use is disputed.

Key legal considerations

Your Affidavit Of Non Use must include several critical elements to be legally valid in the Netherlands. The document must clearly identify you as the declarant, including your full legal name, address, and capacity to make the declaration. You must specify the exact subject matter not being used, whether it's a trademark, property, or business activity, along with precise descriptions and registration numbers where applicable. The affidavit must state the specific time period of non-use and provide reasons for the cessation. Most importantly, the document must include an oath statement confirming that you understand the penalties for perjury under Article 207 of the Dutch Criminal Code, which can result in imprisonment up to six years for false statements under oath.

Legal requirements in Netherlands

Under Dutch law, your Affidavit Of Non Use must comply with specific formatting and authentication requirements established by the Civil Code and Notaries Act. The document must be in written form as required by Article 37 of Book 3 of the Dutch Civil Code, and include your original signature. Notarization by a licensed Dutch notary is typically required to establish the document's evidentiary value under Article 156 of Book 7 of the Civil Code. The notary will verify your identity, ensure you understand the oath's implications, and authenticate the document with their official seal. For intellectual property matters, the Benelux Office for Intellectual Property may have additional requirements regarding translation and specific formatting. If the affidavit will be used in legal proceedings, it must meet the evidence standards outlined in Article 149 of the Dutch Code of Civil Procedure to be admissible in court.