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Factsheet Trade Marks Dutch Caribbean Suriname

Trade Marks Prosecution Factsheet: Dutch Caribbean and Suriname

Guide

02 January 2024

Download guide

The Dutch Caribbean offers a streamlined and efficient trade marks prosecution regime.

On the other hand, the trade mark prosecution process in Suriname is much longer due to a substantial backlog of applications going unprocessed for periods of three or four years at a time. Learn more in our guide.

Aruba

Type of filings National
Priority

Paris Convention Priority cannot be claimed. Aruba is a party to the Paris Convention.

Single or multi-class Both single and multi-class applications are accepted.
Classification Nice Classification
Protection of goods and services Both goods and services may be protected.
Term of initial registration 10 years from the filing date, which is also deemed to be the effective date of registration .
Renewals
  • Due every 10 years with a 3-month grace period
  • Restoration is not possible
Typical documentary requirements and formalities for key filings
  • Original signed Power of Attorney (blue ink signatures are preferrable)
  • Original signed accompanying documents where relevant to the particular type of filing to be made, e.g.
    • Assignment or licence agreements
    • Declarations certifying changes of name/address; and/or
    • Companies Registry certificates certifying changes of name / address / mergers
  • Priority-based applications (new filings only): a colour copy of the certified hard copy priority document issued by the relevant IPO
  • English-language documents are acceptable
Observations

Aruba’s trade mark filing and registration process is one of the smoothest in the Caribbean. The period from filing to registration can take as little as 3 months in straightforward cases.  However, the Bureau of IP Aruba (BIPA) generally takes at least 6 weeks to complete pre-filing search requests unless expedited, in which case, the results may be provided within 1 week on average. 

Office actions are seldom issued. However, it should be noted that Aruba is a ‘first to use’ jurisdiction and there is no pre-registration opposition process.

 

Caribbean Netherlands (Bonaire, St Eustatius, and Saba: the BES Islands)

Type of filings Both National and Madrid based applications are accepted
Priority Paris Convention Priority can be claimed. The Caribbean Netherlands is a party to the Paris Convention.
single or multi-class Both single and multi-class applications are accepted.
Classification Nice Classification
Protection of goods and services Both goods and services may be protected.
Term of initial registration 10 years from the filing date, which is also deemed to be the effective date of registration.
Renewals
  • Due every 10 years with a 6-month grace period
  • Restoration is not possible
Typical documentary requirements and formalities for key filings
  • No Power of Attorney is required for most filings
  • Scanned colour copy accompanying documents where relevant to the particular type of filing to be made, e.g.
    • Assignment or licence agreements
    • Companies Registry certificates certifying changes of name / address / merger
  • Priority-based applications (new filings only): a colour copy of the certified hard copy priority document issued by the relevant IPO
  • English-language documents are acceptable
Observations The Caribbean Netherlands’ trade mark filing and registration process is fast for the region. The period from filing to registration can take as little as 1 month in straightforward cases.  Office actions are seldom issued. There is no pre-registration opposition process. Searches can be conducted online at www.caribie.nl.

Curacao

Type of filings Both National and Madrid based applications are accepted.
Priority Paris Convention Priority can be claimed. Curacao is a party to the Paris Convention. 
Single or multi-class Both single and multi-class applications are accepted.
Classification Nice Classification
Protection of goods and services Both goods and services may be protected .
Term of initial registration 10 years from the filing date, which is also deemed to be the effective date of registration .
Renewals
  • Due every 10 years with a 6-month grace period
  • Restoration is not possible.
Typical documentary requirements and formalities for key filings
  • Original signed Power of Attorney (blue ink signatures are preferrable)
  • Original signed accompanying documents where relevant to the particular type of filing to be made, e.g.
    • Assignment or licence agreements
    • Declarations certifying changes of name; and/or
    • Companies Registry certificates certifying changes of name / mergers
  • Priority-based applications (new filings only): a certified hard colour copy priority document issued by the relevant IPO
  • English-language documents are acceptable
Observations

Curacao’s trade mark filing and registration process is one of the smoothest in the Caribbean. The period from filing to registration can take as little as 3 months in straightforward cases.  However, the Bureau for Intellectual Property (BIP) Curacao generally takes at least 1 month to complete pre-filing search requests unless expedited, in which case, the results may be provided within 4 – 7 days on average.  Office actions are seldom issued.  There is no pre-registration opposition process.

 

St. Maarten

Type of filings Both National and Madrid based applications are accepted
Priority Paris Convention Prority can be claimed. St Maarten is a party to the Paris Convention.
Single or multi-class Both single and multi-class applications are accepted
Classification Nice Classification
Protection of goods and services Both goods and services may be protected
Term of initial registration 10 years from the filing date, which is also deemed to be the effective date of registration
Renewals
  • Due every 10 years with a 6-month grace period
  • Restoration is not possible
Typical documentary requirements and formalities for key filings
  • No Power of Attorney is required for most filings
  • Scanned colour copy accompanying documents are required where relevant to the particular type of filing to be made, e.g.
    • Assignment or licence agreements
    • Companies Registry certificates certifying changes of name / address / mergers
  • Priority-based applications (new filings only): a colour copy of the certified hard copy priority document issued by the relevant IPO
  • English-language documents are acceptable
Observations St. Maarten is not to be confused by its French neighbour, Saint Martin. St. Maarten’s trade mark filing and registration process is fast for the region. The period from filing to registration can take as little as 1 month in straightforward cases. Office actions are seldom issued. There is no pre-registration opposition process. Searches are also available online at Trademark search | BIP

Suriname

Type of filings National
Priority Paris Convention Priority can be claimed. Suriname is a party to the Paris Convention. 
Single or multi-class Both single and multi-class applications are accepted
Classification Nice Classification
Protection of goods and services Only goods may be protected
Term of initial registration 10 years from the filing date, which is also deemed to be the effective date of registration.
Renewals
  • Due every 10 years with a 6-month grace period
  • Restoration is not possible
Typical documentary requirements and formalities for key filings
  • Original notarised Power of Attorney in Dutch and English (one per application/registration)
  • Original notarised accompanying documents in Dutch or English where relevant to the particular type of filing to be made, e.g.
    • Assignment or licence agreements
    • Affidavits certifying changes of name / address / mergers; and/or
    • Companies Registry certificates certifying changes of name / address / mergers
  • Priority-based applications (new filings only): a certified English-language hard copy priority document issued by the relevant IPO
Obeservations Suriname’s trade mark prosecution process is slow, with new applications being processed in 3 to 4 years on average and other applications or recordals taking longer to be processed. However, office actions are seldom issued and there is no pre-registration opposition process. 

 

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