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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 Bahamas 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
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Step 2 - Trademark Registration Request
Your Trademark Application will be filed by specialized attorneys in Bahamas, who will carry out all needed tasks before the Trademark Office in Bahamas 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 Bahamas.
Process Handled by Experienced Trademark Attorneys
Filing Report & Scanned Copy of Application
Online Tracking of the Registration Process
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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 Bahamas. 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 Bahamas.
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
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 8 months, if no objections or oppositions arise.

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

No. The trademark is protected only within the Commonwealth of the Bahamas.

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Do I need to sign a Power of Attorney?

The applicant must submit a notarized Power of Attorney.

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

Yes. It can be used to demonstrate the distinctive qualities of the mark. Opposition based on non-distinctiveness can be overcome, too.

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

Yes. Unused trademarks can be attacked by interested parties on the ground of non-use.

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

The following signs or marks are registrable:

  • Word
  • Name
  • Slogan
  • Trade dress or get-up
  • Three-dimensional shape
  • Collective marks
  • Well-known marks
  • Certification marks
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What are the phases of application after a trademark has been filed in Bahamas?

The application process goes through 3 phases in particular order: examination, publication and registration. The application is first examined if it is compliant with all requirements. Next, its details will be made accessible to the public through publication. Once all requirements are fulfilled and oppositions are successfully overcome, the registration is finally granted.

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What type of trademark is not registrable?

The following marks are prohibited for registration:

  • Generic words
  • Marks that lack distinctiveness
  • Names of geographic location
  • Surnames
  • Marks that violate moral principles or public order
  • Name, symbol or flag of a nation, region or state and international organization
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Does Bahamas use the "Nice Classification" system?

No. Bahamas has its own classification system. Nice Classification is not effective in this jurisdiction.

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Does the Community Trademark apply for Bahamas?

No. The Community Trademark is not effective in Bahamas.

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Is there any possibility to claim priority in Bahamas?

Yes. Priority can be claimed if:

  • The applicant’s home country is a party to the Paris Convention
  • The home application date is within 6 months prior to application in Bahamas
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What do I need to do to satisfy the use requirement?

The trademark must be used within a period of 5 years from the date when the application was filed. Use must be commercial and must take place within the jurisdiction of Bahamas.

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

The registered trademark is initially valid for 14 years calculated from the date of application.

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What will be the renewal date of my trademark?

The first renewal will take place 14 years from the date the application was filed.

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

Yes. It is legal to use a mark for goods/services even if it is still unregistered.

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

Registration is the only way to obtain rights to a trademark.

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What is the web address of the trademark national office?

The national trademark office of Bahamas is not available online.

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Is there any need to use my trademark before I apply for registration?

Intent to use or actual use is a requirement for registration.

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Can a Trademark Application be opposed?

Yes. Applications for trademark can be opposed if any of the following is violated:

  • Proprietary right
  • Descriptive mark
  • Non-distinctive mark
  • Misleading or deceptive mark
  • Mark is a personal name
  • Generic mark
  • Mark implies a geographic indication
  • Rights under Article 6bis and Article 8 of the Paris Convention
  • Mark contrary to moral principles or public policy
  • Unauthorized use of national symbols or protected emblems
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Who can contest my trademark application?

Application to a trademark can be opposed by interested parties, aggrieved parties, or rightful owners of an earlier registered mark.

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Is it possible to cancel a registration?

Yes. A trademark’s registration may be cancelled on the following grounds:

  • Descriptive mark
  • Deceptive / misleading mark
  • Non-distinctive mark
  • Generic mark
  • Geographically indicative mark
  • Moral standards or public order are violated
  • Article 6ter of the Paris Convention is violated
  • Inclusion of protected emblems or badges
  • Use of mark in misleading ways
  • Prohibited mark
  • Mark was applied for in bad faith
  • Unsatisfied use requirements under Section VIII.A.
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Are there any rights established by having a registered trademark?

Yes. A registered trademark secures the owner of the following rights:

  • Exclusive right to use the mark
  • Right to appeal against later conflicting applications
  • Right to appeal for the cancellation of later conflicting registrations
  • Right to take legal actions against third parties that infringe the mark
  • Right to demand for damages from third parties that infringe the mark
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How long is the opposition period?

The opposition period starts on the date of Gazette publication and ends one month later.

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Is Bahamas a member of the Madrid System?

No. Bahamas is not a signatory to the Madrid Agreement or the Madrid Protocol.

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Do I need to present periodic statement of use?

No. Periodic statement of use and similar filings are not required.

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When should I renew my trademark?

Renewals are made every 14 years from the last date when the registration was renewed.

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What will be the renewal date of my trademark?

The first renewal will take place 14 years from the date the application was filed.

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Is there any documentation that should be presented when renewing a trademark?

Yes. A power of attorney is needed for trademark renewals.

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If my trademark expires, do I have a grace period?

Yes. A grace period is available depending on the renewal notice of the Registry Office.

Basic Questions
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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.

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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.

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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.
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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
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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.

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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.

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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 Nominus.com 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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