The rights to a trademark in Suriname are granted to the person or company that first uses it in this territory. However, registration is highly advised in order to demonstrate clear ownership and prevent future conflicts regarding ownership of the trademark. Registration of the trademark gives presumption of first use and may prove vital in case of infringement.
In order to file and register a trademark in Suriname, prior use is not necessary.
If you register a combined trademark (which includes both word elements and figurative elements) in Suriname, 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. Probabilities of success for an opposition will vary in each case depending on the circumstances.
Opposition actions against the registration of a trademark in Suriname must be filed within six (6) months after publication of the trademark in the official Gazette of Suriname (Advertentieblad van de Republiek Suriname).
A registered trademark in Suriname will have a validity period of ten (10) years from the date it is registered. It may be renewed indefinitely for subsequent ten-year terms. If a trademark is not renewed before its expiry date, it can be renewed up to six (6) months after expiration. In such cases extra fees may apply.
As previously stated, use of a trademark is not mandatory in order for it to be registered. However, if a trademark is not used for more than three (3) consecutive years registered trademarks may receive cancellation actions for third parties.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Suriname (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.