Why and how to register a trademark in Curacao

In Curaçao, the exclusive rights to a trademark are granted only by registration, as it is a “first-to-file” jurisdiction. The trademark application has to be filed local with the Bureau for Intellectual Property of Curaçao (BIP).

Curaçao is also a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.

Registering a trademark in Curaçao also grants protection in St. Maarten (Sint Maarten).

It is not necessary for a trademark to be in use in Curaçao for it to register. However, once registered, if it is not used during a continuous period of five years without valid reasons, the registration of the trademark may lapse.

If you register a combined trademark (which includes both word elements and figurative elements) in Curaçao, 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 registers 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 present cancellation actions against the conflicting trademark based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.

There are no provisions for pre-registration publication or opposition actions in Curaçao; however, cancellation actions may be filed after the trademark has registered. Upon registration, all particulars of the trademark are published in the Trademarks Review (‘Merkenblad’). Publication will be done in the language of the registration.

In Curaçao, registered trademarks have a validity of ten (10) years from the date of application (filing). It can then be renewed for successive period of ten years. The renewal should be requested during the six (6) months preceding the expiration date, or during the six months following it upon payment of an additional fee for late renewal. 

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