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For legal advice please contact:

HSM IP Ltd.
Grand Cayman, Cayman Islands (KY)

More info

Ogier
Camana Bay, Cayman Islands (KY)

More info

Mosko & Associates
Nassau, Bahamas (BS)

More info

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Bahamas (BS)

Latest News: 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 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 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 here
Practical details on trademark use requirements are available in our publication here
The 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 here
Online 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.

SMD Group thanks the following law firms for their assictance in updating the information provided.

Oct 03, 2024
HSM IP Ltd., Grand Cayman, Cayman Islands  



HSM IP Ltd.





68 Fort Street, George Town
KY1-1207 Grand Cayman
Cayman Islands (KY)
Tel +1 345 949 4766
Fax +1 345 946 8825
info@hsmoffice.com
www.hsmoffice.com

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.

Ogier



Sophie Peat

Sophie Peat
89 Nexus Way
KY1-9009 Camana Bay
Cayman Islands (KY)
Tel +1 345 949 9876
Fax +1 345 949 9877
cayman@ogier.com
www.ogier.com

Ogier is a law firm that gets straight to the point, managing complexity to get to the essentials. It is a collaborative approach. Our global network of offices covers every time zone.

Ogier’s IP team acts across the full spectrum of Intellectual Property rights, including brands and trade marks, copyright, industrial designs and patents, specialising in multi-jurisdictional IP clearance, prosecution, exploitation and enforcement.

Partner Sophie Peat spearheads Ogier’s global Intellectual Property (IP) group bringing over a decade of top tier international experience to her practice, which encompasses the clearance, prosecution, exploitation and enforcement of the full suite of IP rights, including brands and trade marks, copyright, industrial designs and patents, throughout the world. Sophie is widely recognised as a seasoned expert in IP protection across the Caribbean and in offshore financial centres, carefully guiding clients through this diverse and sometimes difficult to navigate terrain with her in-depth knowledge. Clients appreciate her proactive, comprehensive, and resolute approach.

Ogier is a member of the International Trademark Association (INTA) and MARQUES.

Mosko & Associates



Katina Mosko

Katina Mosko
49 Collins Avenue
Nassau
Bahamas (BS)
Tel +1 242 322 1565
Fax +1 242 326 6639
kmosko@moskolaw.com
www.moskolaw.com

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.

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
Mail Regbirth@bahamas.gov.bs
www.bahamas.gov.bs