Why and how to register a trademark in the Bahamas

In order to secure one’s exclusive right to a trademark in the Bahamas, registration is necessary.

In 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).

If you register a combined trademark (which includes both word elements and figurative elements) in Bahamas, 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. 

In order to oppose the registration of a trademark in 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. 

Once registered, a trademark in Bahamas will remain so for a period of 14 years from the application date. Trademarks may be renewed up to three (3) months prior to the expiration date. Trademarks may be renewed indefinitely for further periods of 14 years. 

Although prior use is not necessary in order to register a trademark in Bahamas, once registered, if the trademark is not used in Bahamas by the registered owner within five (5) years from the date it is applied for, third parties may present cancellation actions against the registration of the trademark. To avoid this, use of the trademark must be on a commercial scale.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in the Bahamas (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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