Legal basis is the Aruba Trademarks Act, which was set into force on 1 November 1987, as Aruba became an independent country within the Kingdom of The Netherlands on January 1st, 1986.
A trademark is a sign which serves to distinguish the goods or the services of an individual or an industrial or commercial enterprise, or a group of such enterprises from those of third parties.
Trademark protection is obtained by first use of the trademark. Registration gives a presumption of first use as of Registration date. Trademark protection can also be acquired by sufficient public recognition (famous marks). According to the Aruba Trademarks Act the right of exclusive use of a trademark to distinguish the goods and services of an enterprise or an individual from those of others, pertains to the one who has made first use of the trademark for same goods and services.
Registrable as a trademark are:
A) one or more distinctive words, letters, numbers, drawings or pictures, emblems, monograms or signatures;
B) colors or combinations of colors;
C) the form or other special presentation of containers or packages (in case of products), provided they are not solely dictated by their function;
D) combinations of any of the elements under a), b) and c).
Theoretically registrable are three-dimensional trademarks.
The following trademark types are registrable: trademarks and service marks.
The application is filed at the Bureau of Intellectual Property in Aruba.
The application has to be filed in triplicate. Applications must be filled out on forms fixed by the Bureau (obtainable at the Bureau). Applications will be considered not filed as long as the application fee has not been paid. Said application fee is not reimbursable.
Multi-class applications are possible.
Paris Convention Priority: available.
Only officially registered agents at the Bureau of Intellectual Property of Aruba, are allowed to file applications.
Foreign applicants need to file through a local agent authorized by the Bureau. A trademark-agent is a person who has passed the trademark-attorney examination of the Bureau and who is permanently residing in Aruba and who is allowed to render services in the field of intermediation in trademark-affairs among other things the registration of trademarks at the Bureau on behalf of a trademark owner who is not domiciled in Aruba.
A notarized power of attorney is necessary. The power of attorney can be filed as either a general power of attorney or as a one time only power of attorney.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
After formal examination and acceptance, the Bureau will notify the agent and he can proceed to pay the registration fee, after which the trademark will be officially registered.
The processing time from first filing to registration is approximately 2 months. It is possible though to file through an expedited procedure if necessary.
According to the Aruban Trademark law objections to registrations can only be made after registration of a mark. The objection is filed with the local court and needs to be filed within 6 months of publication. This is a significant difference compared to other legislations, like for example the U.S. and British legislations where opposition can only be made prior registration.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
neither Community Trademarks nor International Registrations are valid in Aruba.
A trademark registration is valid for 10 years from the filing date of application. It can be renewed for subsequent periods of 10 years.
The grace period for renewals is 3 months from the expiration date of the trademark.
Any interested third party that can prove first use of the trademark can seek removal from the register for non-use. Furthermore, a continuous 3-year period of non-use can leave a trademark vulnerable for cancellation.
The costs for depositing a trademark consist of:
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
Application forms (set of 3): no longer applicable
Application fee: AWG 275.00 (USD 154.50)
Registration fee: AWG 275.00 (USD 154.50)
Each additional class in which the trademark is registered after the first 3 classes: AWG 35.00 (USD 20.00)
Total amount per trademark for the first 3 classes: AWG 550.00 (USD 309.00)
We would like to thank the following law firms for their assistance in updating the information provided: