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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described below.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in Aruba it is important that you evaluate possible obstacles that may arise during registration process. Our Trademark Comprehensive Study will not only list similar trademarks (graphic & phonetic) that may conflict with yours, but also give you an Attorney's opinion about registration probabilities and the class(es) that belong your product/services.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorneys Analysis & Advice
Step 2 - Trademark Registration Request
Your Trademark Application will be filed by specialized attorneys in Aruba, who will carry out all needed tasks before the Trademark Office in Aruba in order to obtain registration approval. As soon as your trademark is filed we will send you a filing report which will include application number and date, plus a scanned copy of filed trademark application in Aruba.
Process Handled by Experienced Trademark Attorneys
Filing Report & Scanned Copy of Application
Online Tracking of the Registration Process
Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys will complete all necessary requirements in order to obtain the registration certificate in Aruba. After the certificate is issued, it will be forwarded to your address along wit h a registration report specifying registration number, registration date and any special consideration that should be taken into account in Aruba.
Process Handled by Experienced Trademark Attorneys
Delivery of the Registration Certificate & Report
Monitor & Reminder of important dates
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 Frequently Asked Questions
Trademark Registration
Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 10 months, if no objections or oppositions arise.

If I register my trademark in Aruba, do I have protection in other territories?

The trademark is protected within the country of Aruba and its territorial waters.

Do I need to sign a Power of Attorney?

The applicant must sign a Power of Attorney to complete the registration process.

Are there any benefits from a pre-filing use of the trademark?

There are no benefits from pre-filing use of a mark.

Will there be problems in case I don’t use my trademark after registration?

No. A registered mark cannot be attacked based on non-use.

What are the types of trademark that can be registered in Aruba?

The following marks or signs are acceptable for registration:

  • Words
  • Slogans
  • Names
  • Colours
  • Three-dimensional shapes
  • Devices
  • Sounds
  • Mottos
  • Notorious marks
  • Service marks
What are the phases of application after a trademark has been filed in Aruba?

Applicants for trademark registration go through 3 major phases namely examination, registration and publication. The applicant must fulfil all requirements to be accepted for registration. Details about the application will also be made available through publication.

What type of trademark is not registrable?

The following marks are not acceptable for registration:

  • Generic terms
  • Marks that contradict public order or moral standards
  • Non-distinctive marks
  • Name, symbol or flag of a state, nation or region including international organizations
  • Surnames
  • Name of geographic location
Does Aruba use the "Nice Classification" system?

Yes. The Nice Classification system is effective in Aruba.

Does the Community Trademark apply for Aruba?

No. Aruba does not recognize the Community Trademark.

Is there any possibility to claim priority in Aruba?

Yes. Applicants may claim priority if they satisfy these requirements:

  • Their home country is a Paris Convention signatory
  • Date of home application is within 6 months prior to application in Aruba
What do I need to do to satisfy the use requirement?

A registered mark in Aruba is valid for ten years whether it is in use or not.

Once my trademark has been registered, for how many years will be valid?

The trademark is initially valid for 10 years.

What will be the renewal date of my trademark?

The first renewal should take place 10 years from the date when the application was filed.

Is it legal to use my trademark even if it is not yet registered?

It is legal to use an unregistered mark for goods and services.

Does having a registered trademark in Aruba give me any right?

Registration is not a requirement in order to secure rights to a trademark. The “first to file” rule takes effect in Aruba.

What is the web address of the trademark national office?
Is there any need to use my trademark before I apply for registration?

No. Applicants need not use the mark prior to registration. Intent to use the mark is also not required.

Can a Trademark Application be opposed?

Opposition is not possible.

Who can contest my trademark application?

Nobody can contest a trademark application.

Is it possible to cancel a registration?

Yes. A trademark registration is cancellable on the following grounds:

  • Violation of proprietary rights or an earlier registration existed
  • Mark is descriptive, deceptive, misleading, disparaging, or generic
  • Violation of rights in a personal name
  • Mark is lacking in distinctiveness
  • Mark has geographic indication
  • Mark is against public moral or policy
  • Violation of rights under Article 6ter, Article 6bis, Article 6septies and Article 8 of the Paris Convention
Are there any rights established by having a registered trademark?

Yes. Owners of a registered mark are able to obtain the following rights:

  • Exclusive right to use the trademark
  • Right to demand for the cancellation of a later conflicting application
  • Right to file legal charges against third parties that infringe the mark
  • Right to demand for compensation or damages from third parties that infringe the mark
  • Right to issue license to third parties to use the mark
  • Right to nullify a later conflicting registration
How long is the opposition period?

Provision for opposition is not provided.

Is Aruba a member of the Madrid System?

Aruba is not a signatory to either the Madrid Agreement or the Madrid Protocol.

Do I need to present periodic statement of use?

No. It is not necessary to submit a periodic statement of use.

When should I renew my trademark?

Ten years from the last renewal date.

What will be the renewal date of my trademark?

The first renewal should take place 10 years from the date when the application was filed.

Is there any document that I have to submit when renewing a trademark?

Trademark renewals require the following documents:

  • Copy of the mark
  • Power of attorney
  • For applicants that do not reside or are not citizens of Aruba, a filled-up application form by the agent
If my trademark expires, do I have a grace period?

A grace period of 3 months is available for expired trademarks.

Basic Questions
What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through trademark registration.

 With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.

What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.


A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the 'Nice International Classification'.

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

Trademark Search
Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing business with a trademark.  It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using any online trademark search tool. If not, we recommend hiring a trademark attorney or trademark service like to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended for many months and cost far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace given the increasing number of unregistered and common law marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

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