News Archive (1)Jul 04, 2024 (Newsletter Issue 6/24)Formal Requirements for Trademark Application ChangedAs of 4 July 2024, general powers of attorney (i.e. those that authorise an attorney to act on a behalf of a particular proprietor in all trademark matters) will only be valid in Aruba for 2 years from the date of authorisation according to Bureau of Intellectual Property Aruba (BIP Aruba). Previously, a three year period was permitted. There is one exception to the new rule: if a fee of US$30 is paid to BIP Aruba for the general power of attorney then it is not subject to the 2 year time limit and can be relied upon at any time in the future (unless revoked).
This change was announced in a letter to Trademark attorneys dated 4 July 2024 from the Bureau of Intellectual Property Aruba.
For more information on further changes to the formal requirements for trademark application, you are kindly asked to revert to Ogier.Source: www.ogier.com Aruba became an independent country within the Kingdom of the Netherlands on January 1st, 1986. The legal basis is the Aruba Trade & Service Marks Act 1989.
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 the first use of the trademark. The right of use of a mark to single out one’s goods or services from those of others belongs to him who has first made use of said mark within the described frame in Aruba, but solely for the kind of goods or services to which end he makes use of said mark, and not longer than 3 years after its last use. 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 Trade & Service Marks 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.
ClassificationNice classification, 12th edition
What is Registrable as a TrademarkRegistrable 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.
Registration ProceedingsThe application is filed at the Bureau of Intellectual Property in Aruba.
The application is 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.
An original power of attorney is necessary. The power of attorney can be filed as either a general power of attorney or as a specific power of attorney for a particular matter.
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 3-6 months. It is possible though to file through an expedited procedure if necessary.
Opposition PeriodNational:
According to the Aruban Trademark law objections to registrations can be made only 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 jurisdictions, for example the United States and the United Kingdom, where opposition can be made only prior to registration.
Trademark DurationA trademark registration is valid for 10 years from the filing date of application. It can be renewed for subsequent periods of 10 years.
Grace Period for Trademark RenewalPractical 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 fee for filing and registration of a trademark is USD 315, which covers up to three classes. The fee for each additional class after the first three classes is USD 20.
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More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
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May 15, 2024
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