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Amendments to Trademark Laws

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Jan 01, 2011 (Newsletter Issue 1/11)
Benelux
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Consequences of Dissolution of Netherlands Antilles


As from October 10th, 2010, the Netherlands Antilles ceased to exist as a political entity. The islands of Bonaire, Saint Eustatius and Saba (“BES islands“) have become part of the Netherlands. These islands, also called Caribbean Netherlands, have become special individual municipalities within the Kingdom of the Netherlands. The BES islands are not covered by a Benelux or EU trademark registration.

Curaçao and Sint Maarten have become autonomous states within the Kingdom of the Netherlands. This can be compared with the status of Aruba. Both Curaçao and Sint Maarten are not covered by a Benelux or EU trademark registration.

Current trademark registrations:

BES islands
There is a transitional period with respect to the BES islands. Owners of Netherland Antillean trademark registrations have one year after the dismantling, i.e. until October 10th, 2011, to file maintenance applications for the BES islands. A maintenance application needs to be filed with the Benelux Office for Intellectual Property (“BOIP’). This Office has been appointed to manage the Trademark Register for the BES islands.

Curaçao and Sint Maarten
The situation about Curaçao and Sint Maarten is not clear yet. Most likely existing Netherlands Antilles trademarks will automatically be converted into trademarks for the territories of Curaçao and Sint Maarten. However, it is also possible that trademark owners need to file maintenance applications for these islands too within one year after the dismantling (i.e. until October 10th, 2011). Such maintenance application should be filed with the Bureau for Intellectual Property of the Netherlands Antilles.

International Registrations designating Netherlands Antilles

The above-mentioned transitional period is not applicable to International trademark registrations, designating the Netherlands Antilles. As from October 10th, 2010, those International Registrations continued to have effect in the three new territorial entities. The owner of the International registration was not required to file any request to the World Intellectual Property Organization.

Future trademark registrations

The BES islands have their own trademark law called Trademark Law BES.

Source: www.novagraaf.com