Trademarks
- What is a Trademark?
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others and to indicate the source of the goods. In short, a trademark is a brand name.
- What is a Service Mark?
A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others, and to indicate the source of the services.
- Who can apply?
Any person claiming to be an owner of a trade mark, can apply for trade mark registration.
- Registration Time Frame?
Trade mark registrations typically take up to a year to process although, they can take significantly longer if the application is opposed.
- Classification System does the Bahamas use?
The Bahamas has its own National Classification systems for goods. The Bahamian Classification systems covers approximately 50 classifications of goods.
- How long does registration remain in effect and what is required to maintain a registration?
Under the currently legislation, the registration of a trade mark shall be for a period of fourteen (14) years but may be renewed from time to time in accordance with the provisions of the 1906 Act.
- What are the benefits of registration?
Generally, the benefits of trade mark registration include the registration itself serving as constructive notice to a potential infringir that the mark has been registered for trade mark protections and remedies are available to the registered trade mark owner who has exclusive use of that trade mark. Trade mark registration eliminates a defense to claims of infringement or dilution. Trade mark registration can also be relied upon to prevent the import of infringing goods; and can prevent the registration of applications that may be confusingly similar to the trade mark.
Further, the owner of a registered trade mark is entitled to give to such person the exclusive right to the use of such trade mark upon or in connection with the goods in respect of which it is registered.
In all legal proceedings relating to a registered trade mark, the fact that a person is registered as proprietor of such trade mark shall be prima facie evidence of the validity of the original registration of such trade mark and of all subsequent assignments and transmissions of the same.
