Trademark registration in the Bahamas

The Bahamas is a country with many advantages in terms of geographical and economic location, making it an important location in the Caribbean region. The Bahamas lies in between important shipping lanes, being a crossing point of routes connecting the Americas and Europe with the Caribbean. Tourism is a key economic sector of The Bahamas. Beautiful location, great beaches, and various recreational activities, with a tropical climate, The Bahamas attracts international visitors all year round, especially those who want to enjoy the sea, sunshine, and natural beauty. In addition, The Bahamas adopts a low tax policy, attracting both international businesses and wealthy people from many parts of the world. Therefore, more and more businesses want to expand their business scope in this country. In order for the brand of the enterprise to become popular, the registration of a trademark becomes very important, which helps to assert its position in the market, but also to distinguish it from other competitors. Viet An Law would like to guide customers preliminarily through the procedures for trademark registration in the Bahamas through the article below.

Legal basis

• Trademarks Act, 1906 (Chapter 322, amended to Act No. 5 of 1987);
• Trademark Rules, 1948 (CH.322, Article 56(1)) (as amended to Act No. 5 of 1987).

Conditions for trademark registration in the Bahamas

Distinguishability

The applicant’s trademark must be unique to The Bahamas and easily distinguishable from existing trademarks for similar products or services. General terms, descriptive words, or common symbols generally do not qualify.

Legal

Trademarks must not violate any law or public order, nor may they mislead or mislead consumers.

Not registered

A trademark must not be identical or confusing to registered trademarks for the same type of product or service.

Trademark dossier in The Bahamas

• Application Form: Complete the form provided by the Registrar General of The Bahamas.
• Statement of ownership: To confirm that the applicant is the rightful owner of the trademark.
• Trademark sample: Submit 05 copies showing the trademark accurately. Format: black and white photo or color, good quality. Dimensions: 8×8 cm.
• List of goods and services: A detailed list of goods and services for which the applicant wishes to register a trademark.
• Proof of trademark use (if applicable)
• Fee payment receipt

Trademark registration fees in the Bahamas

Filing Fee: The official filing fee for a trademark application in the Bahamas is approximately 500 BSD. This fee covers the initial processing of the applicant’s application.

Registration Certificate Issuance Fee: If the applicant’s application is successful and the applicant’s trademark is registered, the applicant will need to pay an additional fee to obtain a Registration Certificate. This fee is also around 500 BSD.

Additional Fees: In addition, there are some optional fees the claimant may incur depending on the specific situation of the applicant. These fees include:

• Search fee: If the applicant wants the Registrar’s Office to search for similar trademarks before filing the application, the applicant will have to pay a fee for this service.
• Priority Claim Fee: If the claimant makes a priority claim based on a previous trademark registration in another country, the claimant will have to pay a fee for this.
• Representation fee: If the applicant uses an attorney or representative to help the applicant apply.

How to file for trademark registration in the Bahamas

To file for trademark protection in The Bahamas, you can file using the following filing methods:

• Direct submission: You can visit the Bahamas Shirley House Registrar of Directorate at 50 Shirley Street P. O. Box N-532 Nassau, N.P. The Bahamas to file the application and related documents.
• By Post: You may send your application form and all required documents via postal or courier service to the address of the Bahamas General Registry Shirley House 50 Shirley Street P. O. Box N-532 Nassau, N.P. The Bahamas
• Apply online via the website: https://www.bahamas.gov.bs/wps/portal/public/gov/government/eServices/eservices/eservices/ When filing online you should pay attention to the payment of the relevant fee in accordance with the instructions of the Bahamas Patent Office.

Trademark Registration Processing in Bahamas

After filing a trademark application, the General Registry of The Bahamas will process the trademark application for several months.

Application review

After submitting the application, the authority will review it to ensure that it meets all the necessary requirements. The review process includes the following steps:

• Check the completeness of the information: The application must include all necessary information, such as the name and address of the applicant, a detailed description of the object of registration (trademark, invention, etc.), and the registration fee.
• Evaluate the validity of information: Ensure that all information provided is accurate, truthful, and does not infringe anyone else’s intellectual property rights.
• Classification of registered objects: Identify the type of registered object (trademark, invention, industrial design, etc.) and classify it into corresponding classes.
• Pre-search: Check if your subscriber infringes anyone else’s intellectual property rights.
• Post Bahamas application: Upon completion of the review process, the authority will Post Bahamas application for publicity.

Except

Anyone can file an objection to registration within a certain deadline after publishing the application. Reasons for objection may include:

• Infringement of intellectual property rights: The registered object is the same or similar to a previously registered object.
• Unclear description: The description of the subscriber is incomplete or unclear.
• Ineligible applicants: Applicants who do not meet the requirements for protection (e.g., are not innovative).

If there is an objection, the authority will hold a hearing to consider the arguments of both parties. After considering all the evidence, the competent authority will make a decision on whether to accept or reject the application.

Decision on granting protection titles

After considering the application and objections (if any), the competent authority will make a decision on whether to accept or reject the application. The decision may include:

• Acceptance of application: Issuance of a Certificate of Registration to the owner. The registration certificate will clearly state the rights and obligations of the owner with respect to the protected intellectual property object.
• Rejection of application: Reasons for rejection may include:
  • The application does not meet the necessary requirements.
  • The registered entity infringes anyone else’s intellectual property rights.
  • The information in the application is incorrect or misleading.
  • The applicant may have the right to appeal the Bahamas dismissal decision.

In addition, the decision may include additional conditions, such as: Requiring the owner to modify the description or image of the registered object or limiting the scope of protection of the registered object.

Trademark registration service in the Bahamas of Viet An Law Firm

• Perform searches and notify you in writing the results of trademark searches in The Bahamas;
• Prepare the application and file directly on behalf of the trademark owner and monitor the status of the trademark application filing in The Bahamas;
• Notify the Bahamas, advise and handle deficiencies/refusals of competent State authorities (if any) in the process of monitoring trademark applications in The Bahamas;
• Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives performing procedures in the Bahamas.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in the Bahamas, please contact Viet An Law Firm for the most effective support.