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For legal advice please contact:

HSM IP Ltd.
Grand Cayman, Cayman Islands (KY)

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Ogier
Camana Bay, Cayman Islands (KY)

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Mosko & Associates
Nassau, Bahamas (BS)

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Bahamas (BS)
Latest News: 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- The introduction of trade mark licensing requirements to replace the outdated “registered user” regime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Meanwhile, all subsidiary legislation made under the repealed Trade Marks Act continues to be in force where it does not conflict with the new legislation until revoked.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

News Archive (2) Trademark Law Classification What is Registrable as a Trademark Registration Proceedings Opposition Period Trademark Duration Grace Period for Trademark Renewal Use Requirements Trademark Application Fees Trademark Licensing Download Country Information shopping cart
SMD Group thanks the following law firms for their assictance in updating the information provided.

Oct 03, 2024
HSM IP Ltd., Grand Cayman, Cayman Islands  



HSM IP Ltd.





68 Fort Street, George Town
KY1-1207 Grand Cayman
Cayman Islands (KY)
Tel +1 345 949 4766
Fax +1 345 946 8825
info@hsmoffice.com
www.hsmoffice.com

HSM IP Ltd. provides worldwide intellectual property services. Based in the Cayman Islands and independently owned and operated, our experienced team of attorneys and paralegals deliver first class service to a broad client base which includes major Fortune Global 500 brand owners, international law firms and other specialist IP practices. Our broad perspective, practical approach and international experience allow us to offer clients a unique insight into IP issues internationally. The success and growth of our firm is due to our keen understanding of our clients’ needs for a comprehenisve “one-stop shop” which encompasses a wide range of services from the initial consultation process to searches, registrations, annuity payments and monitoring and renewals. We offer a competitive schedule of fixed fees, inclusive of both disbursements and official fees, which means we can provide clients with an accurate estimate of their project costs before embarking on a global filing programme for their portfolio. We have a wealth of knowledge and specialise in the Caribbean, Central and Latin America and other off shore jurisdictions. Our staff regularly contribute to leading IP publications and we also publish a range of country-specific IP Client Guides which are available on our website.

Ogier



Sophie Peat

Sophie Peat
89 Nexus Way
KY1-9009 Camana Bay
Cayman Islands (KY)
Tel +1 345 949 9876
Fax +1 345 949 9877
cayman@ogier.com
www.ogier.com

Ogier is a law firm that gets straight to the point, managing complexity to get to the essentials. It is a collaborative approach. Our global network of offices covers every time zone.

Ogier’s IP team acts across the full spectrum of Intellectual Property rights, including brands and trade marks, copyright, industrial designs and patents, specialising in multi-jurisdictional IP clearance, prosecution, exploitation and enforcement.

Partner Sophie Peat spearheads Ogier’s global Intellectual Property (IP) group bringing over a decade of top tier international experience to her practice, which encompasses the clearance, prosecution, exploitation and enforcement of the full suite of IP rights, including brands and trade marks, copyright, industrial designs and patents, throughout the world. Sophie is widely recognised as a seasoned expert in IP protection across the Caribbean and in offshore financial centres, carefully guiding clients through this diverse and sometimes difficult to navigate terrain with her in-depth knowledge. Clients appreciate her proactive, comprehensive, and resolute approach.

Ogier is a member of the International Trademark Association (INTA) and MARQUES.

Mosko & Associates



Katina Mosko

Katina Mosko
49 Collins Avenue
Nassau
Bahamas (BS)
Tel +1 242 322 1565
Fax +1 242 326 6639
kmosko@moskolaw.com
www.moskolaw.com

Since the firm's establishment, it is now one of the three most active in the field of intellectual property services. Its intellectual property practice is active and extensive and provides comprehensive services from investigation, prosecution of applications for the registration of rights (Trademark, Copyrights and Patents) to intellectual property disputes and agreements. Mosko & Associates has the only computer database in The Bahamas which provides information in respect of Bahamian registered trademarks.

Registrar General’s Department
50 Shirley Street
Shirley House
Shirley & Charlotte Street
P. O. Box N-532
Nassau, Bahamas
Tel +1 242 397 9126
Fax +1 242 323 7908
Mail Regbirth@bahamas.gov.bs
www.bahamas.gov.bs