Mar 11, 2025 (Newsletter Issue 3/25)
Trade Marks Act in force
The Bahamas Trade Marks Act, 2024 came into force on 1 February 2025.
Key changes include:
- The introduction of protection for services
- Classification by reference to the current version of the Nice Classification
- A wider definition of what may constitute a “sign” protectable as a trademark, including, for example: 3D shapes, holograms, moving images, modes of packaging, sounds, scents, and tastes
- Protection for collective marks as well as certification marks (the current legislation provides protection for the latter only)
- A reduced duration of registration from 14 years to 10 years, with corresponding 10-year renewal periods
- The requirement for a bona fide intent to use the mark on filing or actual use in the Bahamas
- The incorporation of the Paris Convention into law
- The introduction of trade mark licensing requirements to replace the outdated “registered user” regime
Accompanying rules have not yet been published and it is currently unclear as to whether there will be any changes to the official fees. However, we understand that new applications are still being accepted, although it is unlikely that they will progress through examination until accompanying regulations are published.
Meanwhile, all subsidiary legislation made under the repealed Trade Marks Act continues to be in force where it does not conflict with the new legislation until revoked. Given the many updates introduced by the new legislation, this will need to be navigated carefully. Guidance from the Bahamas Intellectual Property Office has not yet been issued, but this is keenly awaited.
Please reach out Ogier's Intellectual Property partner, Sophie Peat, with any questions in the meantime at sophie.peat@ogier.com.
Source: www.ogier.com
Sep 11, 2024 (Newsletter Issue 9/24)
New Trade Marks Act
The Trade Marks Act, 2024, was passed on 26 July 2024 in the Bahamas. The Act is not yet in force and it is not yet known when it will come into effect.
One of the key changes under the Act is the introduction of protection of trade marks in respect of not only goods, but for the first time in the Bahamas, services. Brand owners providing services in the Bahamas should commence a review of their existing portfolios and check which trade marks should be re-filed to allow for service mark protection upon commencement of the new Act. Classification will be in accordance with the Nice Agreements concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, of 15th June, 1957 as revised.
The definition as to what qualifies as a trade mark has also been broadened substantially, to include, amongst others, holograms, moving images, sounds, scents, tastes and textures, and the provisions of the Paris Convention for the Protection of Industrial Property of March 20th, 1883, as revised or amended from time to time, has also been fully incorporated into the new Act.
Source: www.ogier.com
Jan 18, 2013 (Newsletter Issue 1/13)New Legislation DraftedThe Government of The Bahamas announced on 8 January 2013 that it intends to modernize the country’s intellectual property system and has drafted new legislation. The Bills can be viewed on the Government website www.bahamas.gov.bs under the heading of Bills, Laws & Acts and includes:
- Copyright Bill
- Patent Bill
- Trade Marks Bill
- Geographical Indications Bill
- False Trade Descriptions Bill
- Protection of New Plant Varieties Bill
- Integrated Circuits Bill
The intention is to make The Bahamas compliant with its intellectual property rights obligations under the WTO and EPA. The Ministry of Financial Services and the Attorney General’s Office have recently started discussing the implications of the draft legislation through public forums and are requesting comments from professional associations and legal practitioners.
Source: Mosko & Associates, Bahamas Legal basis is the Trade Marks Act, 2024 (No. 47 of 2024. The Trade Marks Act was implemented on 1 February 2025. The accompanying Trade Marks Regulations, 2025, were implemented on 21 May 2025.
The Bahamas is not a member of the Madrid Agreement or Protocol.
Trademark protection is obtained by registration.
Classification is according to the Nice Agreements concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June, 1957 as revised.
Registrable as a trademark is a "sign" or combination of signs that is used or proposed to be
used by a person for the purpose of distinguishing or so as to distinguish their goods or services from those of others. A "sign" is defined as "a word, a personal name, a design, a letter, a numeral, a colour, a figurative element, a three-dimensional shape, a hologram, a moving image, a mode of packaging goods, a sound, a scent, a taste, a texture and the positioning of a sign".
The following trademark types are registrable: trademarks, collective marks and certification marks.
The application is filed at the Intellectual Property Office established by section 3 of the Patents Act.
Multiple-class applications are available.
Foreign applicants need a local agent.
The originally signed Authorization of Agent form is needed to file a trademark application or renew the trademark, as needed. Every application for registration must contain a representation
of the mark applied for and three additional specimens of a mark's use or proposed use must also be provided.
Foreign applicants do not need a domestic registration.
The application process includes an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published once in the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in the Bahamas is presently 6-9 years as of 2026, since the IP Registry in Bahamas is severely backlogged.
National:
The opposition period is two months from the date of the advertisement in the Gazette.
Protection begins with the date of application. A trademark registration is valid for 10 years from the date of the application. The registration is renewable for periods of ten (10) years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official application fee is BS$ 150.00 for one class and BS$ 50.00 for each additional class. An address for service must also be filed where required and the cost is BS$ 50.00.
The registration fee is BS$ 100.00 per class. There is no publication fee.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
Apr 02, 2026
Ogier, Camana Bay, Cayman Islands
