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Amendments to Trademark Laws

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Mrz 11, 2025 (Newsletter Issue 3/25)
Bahamas
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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- The introduction of trade mark licensing requirements to replace the outdated “registered user” regime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Meanwhile, all subsidiary legislation made under the repealed Trade Marks Act continues to be in force where it does not conflict with the new legislation until revoked.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