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Coutinho & Co.
Oranjestad, Aruba (AW)

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Aruba (AW)

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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 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 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.
Nice classification, 11th edition
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.
An original 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 in the name of a particular trade mark proprietor for an additional fee of USD 30 and kept in place for a period of 3 years.
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.
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.

Further practical details are available in our publication on this topic here
Registered trade marks cannot be cancelled on grounds of non-use regardless as to whether any use is made of the registration during that time. However, trade mark rights acquired through use will lapse where there is no use in a continuous 3-year period.

Further practical details are available in our publication on this topic here
The costs for depositing a trademark consist of:
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)

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Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Okt 09, 2019
HSM IP Ltd., Grand Cayman, Cayman Islands  

Sep 07, 2016
Coutinho & Co. , Oranjestad, Aruba  

Mai 24, 2013
Coutinho & Co. , Oranjestad, Aruba  

Sep 28, 2011
Coutinho & Co. , Oranjestad, Aruba  
Sjiem Fat & Co., Oranjestad, Aruba

Coutinho & Co.

Jose Jimmy Coutinho

Jose Jimmy Coutinho
Emmastraat 16
Aruba (AW)
Tel (297) 5820022
Fax (297) 5820794

Countinho & Co. was established in February 1991 by Dr. Jose Jimmy Cautinho.

As one of the leading intellectual property law firms in Aruba, Countinho & Co. has excelled at fulfilling our clients' intellectual property needs, providing comprehensive services to our clients with its team of highly motivated and responsive experts.

The Trademark Act of Aruba states that trademark owners not domiciled in Aruba, need a trademark agent registered at the Bureau of Intellectual Property, to file a trademark in Aruba. Coutinho & Co. is such a registered trademark agent. During the last 20 years, our office has registered more than 3.000 trademarks.

Bureau of Intellectual Property
Adriaan Laclé Blvd. 3
Tel +297 583 12 00
Fax +297 583 87 73