Trade Marks Prosecution Factsheet: Dutch Caribbean and Suriname

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.

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.

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.

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

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

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 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 copy of the priority document issued by the relevant IPO

Observations

Suriname’s trade mark prosecution process is slow, with new applications being processed in 3 to 4 years on average and other applications and recordals taking longer to be processed. However, office actions are seldom issued and there is no pre-registration opposition process.