News: Registration of trademark on Caribbean Netherlands

Registration of trademark in the Caribbean Netherlands

The Department of the Caribbean Netherlands introduced new legislative framework on intellectual property in 2010. The law applies to the Caribbean Netherlands. The Regulation permits registration of trademark if the class of services and goods to which the trademark belongs relates to the international Nice Classification.

Registration process takes place in the office of CaribIE (Intellectual Property Service). After processing the application, the authorized body enters the data on trademark in the system registry and issues a certificate.

Documents for registration of trademark in the Caribbean Netherlands

Qualified lawyers and financial experts of Law&Trust will help in registering trademark in the Caribbean Netherlands. Required documents are the following:

• Passport or other identification certificate;
• The address of the applicant's company;
• Designation of the international class of products, which refers to the trademark;
• Description of goods and services of each class;
• Rules for using the trademark;
• power of attorney;
• Image of trademark in a graphic professional version on matte paper (maximum image format is 8 x 8 cm, minimum one - 1.5 x 1.5 cm);
• Specifying the color of words (if necessary, specify the color code);
• Receipt of fee payment;
• Application (certified by a notary) with the signature of the applicant.

The package of documents and the application should be submitted in Dutch or English.

Processing of documentation in CaribIE takes up to 8 months. If there are any discrepancies with the registration requirements, the applicant is given a month to correct the deficiencies. The foregoing period can be extended to a maximum of 6 months upon the request.

After elimination of deficiencies and acceptance of the submitted documents, certificate of registration of the trademark in the Caribbean Netherlands is issued to the applicant, and it is valid for 10 years. Registration information is recorded in the Register of Trademarks "CaribIEregister".

Two months prior to the expiration of the period for the use of trademark, the authorized body notifies the owner of the trademark about the possibility of renewing the terms for the right of intellectual property. In order to prolong the registration within six months (grace period), you should file application for renewal of the term of validity of the document. Otherwise, the certificate automatically loses its legal validity.