Trademark registration in the Bahamas. The Bahamas is a country within the Lucayan Archipelago of the West Indies in the Atlantic. By terms of GDP per capita, The Bahamas is one of the richest countries in the Americas. This economy has a very competitive tax regime. To secure the exclusive rights to a trademark in the Bahamas, trademark registration is necessary for businesses to expand their reach in this market.
The necessary documents in a trademark registration dossier in the Bahamas
- Declaration of trademark registration.
- Trademark models.
- List of goods, products/services.
- Power of attorney.
- Fees for filing trademark registration applications.
The procedures of trademark registration in the Bahamas
- Search before filing a trademark application to find out if your trademark has been used or has been registered as a company or domain name by someone else in the Bahamas.
- The goods/services must be clearly and accurately listed under the Nice Classification for the International Register of Goods and Services.
- Complete applications and other forms can be obtained from the Intellectual Property Department of the Registry. Identify any visual elements and the exact title of the mark.
- After registration, the trademark is published in the Official Gazette. The objection period is 2 months from the date of publication of the trademark application in the Bahamas.
- After registration is complete, the Office will issue a Certificate of Registration.
In the Bahamas, the registration of service marks is not possible. Although modification of local trademark law is underway, only marks that are to be used in connection with goods may be registered.
Trademark registration in the Bahamas is done through the Intellectual Property section of the Registrar General Department of the Bahamas (RGD).
The duration of trademark protection in the Bahamas is usually 18-20 months.
The term of trademark registration is 14 years. Trademarks may be renewed up to 3 months before the expiration date. The mark can be renewed for successive 14-year terms. To renew the mark, the owner must pay the renewal fee (B$80) and submit the prescribed form to the registry.
The opposition of trademark registration in the Bahamas
If a third party intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of the trademark, the trademark owner will have the right to oppose the application based on confusing similarity.
To oppose the registration of a trademark in the Bahamas, opposition actions must be presented within 1 month from the date the application is published in the Trademark Gazette. Probabilities of success for an opposition will vary in each case depending on the circumstances.
The cancellation of a trademark in the Bahamas
Prior use is not necessary to register a trademark in the Bahamas. However, once successfully registered, if the trademark is not used in the Bahamas by the registered owner within 5 years from the date it is applied for, third parties may file a cancellation action against the registration of the trademark. The use of the trademark must be on a commercial scale to avoid the cancellation of the trademark.
You can find a list of the Bahamas IP firms here.