Aruba Trademark Registration

In Aruba, the exclusive right to a trademark is conferred to the person or company that first used and continues to use the trademark in Aruba. However, registration is highly advisable in order to protect such rights and be recognized as the registered owner. This is useful to prevent third parties from registering your trademark and in cases of trademark infringement in Aruba.

You may also register a trademark in Aruba before using it, as the registration of the trademark in Aruba may be considered as first use in this territory.

Registration of trademarks in Aruba is done through the Bureau of Intellectual Property of Aruba, also known as OPI.

If you register a combined trademark (which includes both word elements and figurative elements) in Aruba, the exclusive right to use the trademark is limited to the exact configuration in which it was filed and registered. If you wish to use the word element separately from the logo (or vice versa), it is recommended to register another trademark including only the word or figurative elements you wish to use and protect separately.

To register a trademark in Aruba, you will generally need:

• Original Power of Attorney, signed. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average application process takes 2 months. This is an estimated process time for straightforward cases based on current timeframes for applications and may vary considerably.

A registered trademark in Aruba will remain valid for 10 years, counted from the date the trademark was filed or applied for in Aruba. Trademarks may be renewed for additional ten-year periods, and there is no limit to how many times a trademark may be renewed.

If a trademark is not renewed before it expires, the renewal may still be requested up to three (3) months after the trademark’s expiration date.

Yes. If a third party intends to register or use a trademark for similar goods or services that includes a primary or distinct part of your trademark, you have the right to oppose the application based on confusing similarity.

Opposition actions against an applied-for trademark in Aruba may be presented within six (6) months from the date it is published in the official trademark gazette (MarcAruba). The probabilities of success for an opposition will vary in each case depending on the circumstances.

In Aruba, rights arise from use: the exclusive right is conferred to the person or company that first used and continues to use the trademark. You may, however, register a trademark before using it, and such registration may be considered first use in Aruba.

For registered trademarks, if a registered trademark goes unused by the trademark owner for a period of three (3) years, third parties may present cancellation actions against the registration based on non-use.