Bahamas (BS)
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: 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.
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 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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Sep 02, 2019
HSM IP Ltd., Grand Cayman, Cayman Islands
