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Mosko & Associates
Nassau, Bahamas (BS)

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Grand Cayman, Cayman Islands (KY)

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Bahamas (BS)

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Jan 18, 2013 (Newsletter Issue 1/13)
New Legislation Drafted
The 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 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, 1906 (CH.322) (as amended up to Act No. 5 of 1987).
The Bahamas is not a member of the Madrid Agreement or Protocol.
Trademark protection is obtained by registration.
The Bahamas has its own national classification for goods – services are not currently recognised.
Registrable as a trademark are all distinctive and graphically representable signs, three-dimensional forms and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, collective marks and certification marks.
The application is filed at the Industrial Property Office
Multiple-class applications are not possible. A separate application has to be filed for each class.
Foreign applicants need a local agent.
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 four (4) years.
The opposition period is thirty (30) days from publication date of the application.
Protection begins with the date of application. A trademark registration is valid for 14 years from date of application. The registration is renewable for periods of fourteen (14) years.
At a date not less than one month and not more than two months before the expiration of the last registration of a mark, if no fee upon the Form No. 13 has been received, the Registrar shall send to the registered proprietor at his registered address a notice in the Form No. 14.

At a time not less than fourteen days and not more than twenty-eight days before the expiration of the last registration of a mark, the Registrar shall, if no renewal fee has been received, send a notice to the registered proprietor at his registered address in the Form No. 15.

If at the date of the expiration of the last registration of a mark the renewal fee has not been paid, the Registrar shall advertise the fact forthwith in the Gazette and if within one month of such advertisement the renewal fee upon Form No. 16, together with an additional fee upon Form No. 17 is received, he may renew the registration without removing the mark from the register.

Where after one month from such advertisement such fees have not been paid, the Registrar may remove the mark from the register as of the date of the expiration of the last registration, but may upon payment of the renewal fee upon Form No. 16, together with the additional fee upon Form No. 18, restore the mark to the register if satisfied that it is just so to do, and upon such conditions as he may think fit to impose.

Further practical details are available in our publication on this topic here
If the trademark has not been used within five (5) years from the date of the cancellation proceedings, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official application fee is USD 50.00 for one class and USD 50.00 for each additional class.
The registration fee is USD 80.00 per class. There is no publication fee.

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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.

Sep 02, 2019
HSM IP Ltd., Grand Cayman, Cayman Islands  

Jan 17, 2018
Mosko & Associates, Nassau, Bahamas  

Dez 09, 2016
Mosko & Associates, Nassau, Bahamas  

Nov 04, 2014
Mosko & Associates, Nassau, Bahamas  

Mai 14, 2013
Mosko & Associates, Nassau, Bahamas  

Sep 12, 2011
Mosko & Associates, Nassau, Bahamas  

Mosko & Associates

Katina Mosko

Katina Mosko
49 Collins Avenue
Bahamas (BS)
Tel +1 242 322 1565
Fax +1 242 326 6639

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.


Sophie Peat

Sophie Peat
68 Fort Street, George Town
KY1-1207 Grand Cayman
Cayman Islands (KY)
Tel +1 345 949 4766
Fax +1 345 946 8825

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.

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