Why and how to register a trademark in Aruba

The exclusive right to a trademark in Aruba 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 proves useful in order to prevent third parties from registering one’s trademark and in cases of trademark infringement in Aruba. One may 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 are done through the Bureau of Intellectual Property of Aruba (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 a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will 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). Probabilities of success for an opposition will vary in each case depending on the circumstances. 

A registered trademark in Aruba will remain valid for ten (10) years. The ten-year term is counted from the date the trademark was filed or applied for in Aruba.  Trademarks may be renewed for additional ten-year periods. There are no limits to how many times a trademark may be renewed in Aruba. If a trademark is not renewed in Aruba before it expires, the renewal may still be requested up to three (3) months after the trademarks expiration date.

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 of the mark.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Aruba (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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