Sophie Peat
Partner | Legal
Cayman Islands
Sophie Peat
Partner
Cayman Islands
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Trade Marks Prosecution Factsheet: Dutch Caribbean and Suriname
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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 |
|
| Typical documentary requirements and formalities for key filings |
|
| 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 |
|
| Typical documentary requirements and formalities for key filings |
|
| 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 |
|
| Typical documentary requirements and formalities for key filings |
|
| 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 |
|
| Typical documentary requirements and formalities for key filings |
|
| 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 |
|
| Typical documentary requirements and formalities for key filings |
|
| 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. |
Key contacts
Ashleigh Robinson
Paralegal | Legal
Cayman Islands
Ashleigh Robinson
Paralegal
Cayman Islands
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