Sep 11, 2024 (Newsletter Issue 9/24)
New Trade Marks Act
The Trade Marks Act, 2024, was passed on 26 July 2024 in the Bahamas. The Act is not yet in force and it is not yet known when it will come into effect.
One of the key changes under the Act is the introduction of protection of trade marks in respect of not only goods, but for the first time in the Bahamas, services. Brand owners providing services in the Bahamas should commence a review of their existing portfolios and check which trade marks should be re-filed to allow for service mark protection upon commencement of the new Act. Classification will be in accordance with the Nice Agreements concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, of 15th June, 1957 as revised.
The definition as to what qualifies as a trade mark has also been broadened substantially, to include, amongst others, holograms, moving images, sounds, scents, tastes and textures, and the provisions of the Paris Convention for the Protection of Industrial Property of March 20th, 1883, as revised or amended from time to time, has also been fully incorporated into the new Act.
Source: www.ogier.com
Jan 18, 2013 (Newsletter Issue 1/13)New Legislation DraftedThe 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 www.bahamas.gov.bs 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: trademarks, 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.
The original Authorization of Agent form is needed to file a trademark application or renew the trademark, as needed.
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 presently 7-9 years as of 2024, since the IP Registry in Bahamas is severely backlogged.
National:
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.
Practical 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 application fee is USD 80.00 for one class and USD 80.00 for each additional class.
The registration fee is USD 80.00 per class. There is no publication fee.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
Oct 03, 2024
HSM IP Ltd., Grand Cayman, Cayman Islands
