GENERAL

The registration and protection of trade marks in the Commonwealth of the Bahamas are governed by statute. The Statutes which apply to this area are the Trade- Marks Act Chapter 297 of the Revised Laws, 1987 ("the Act") and the Trade marks Rules, Chapter 297 of the Subsidiary Legislation of the Bahamas 1987 ("the Rules").

A Register of Trade marks is kept at the Registry of Records. It contains all registered trade marks including the names and addresses of their proprietor, notifications of assignments, conditions, limitations and other matters relating to the trade marks. This register is open to the public for inspection.

PROCEDURE FOR REGISTRATION

The Rules contain all forms pertinent to the registration of trade marks. Three principal forms are required to effect registration. Form No. 1 authorises an agent to act on behalf of the proprietor/owner of the trade mark. Form No. 2, which is the application form, sets out the name and address of the proprietor of the trade mark and the class within which the owner of the mark seeks to have it registered. An original of the mark to be registered is also to be submitted with this Form. The Rules also contain a list of the various classes within which marks may be registered. There are fifty classes in total with class 50 representing a miscellaneous and an all-encompassing class. Each class has, by way of illustration, a thorough, though not exhaustive list of the goods that would be included in that particular class. Form No. 3 requires the submission of four originals of the mark which is sought to be registered.

The first stage of registration is provisional acceptance for registration subject to passing the next stage. Provisional acceptance ordinarily takes between one to two weeks to be granted. Thereafter, the mark is advertised in the Gazette and is accepted for final registration. This assumes that there is no opposition to the registration of the mark. Generally, this stage tends to be the longest and can take anywhere from between four weeks to eight weeks. There is a waiting period of one month after the mark is advertised and accepted for registration before the Certificate of Registration is issued. Trade marks are valid for fourteen years.

ASSIGNMENTS/REGISTERED USERS

The Act allows a registered proprietor of a trade mark to assign that mark to some other person or entity. This procedure can be effected jointly between the registered proprietor and the assignee and Form No. 19 would be submitted. However, a certified copy of the Assignment between the registered proprietor ( the assignor) and the assignee would need to accompany the Form. This change would then be entered in the Register and a certificate issued.

The Act also allows for persons other than the proprietor of the trade mark to be registered as a registered user of the mark, either with or without imposing conditions or restrictions. Form No. 41 would need to be submitted along with a certified copy of the registered user agreement. This is a useful tool where a proprietor of a trade mark gives an exclusive right to another person or entity to use their goods and or services in the Bahamas as this would also allow the registered user of the mark to protect the trade mark from infringement. Also, the registered user's presence in the Bahamas would mean an added protection to the registered proprietor as he would be able to more closely monitor possible infringements against the mark.

EFFECT OF REGISTRATION

Once a trade mark is registered, it gives to the person registered as proprietor the exclusive right to the use of such trade mark. Further, the proprietor of the trade mark shall be entitled to institute proceedings to prevent or to recover damages for the infringement of the trade mark.

Fees

The fees for the registration of trade marks are minimal. A fee of US $20.00 is payable for the filing of the Forms for the registration of the trade mark. However, this may increase depending upon the size of the logo/mark. The fee payable for the Certificate of Registration is US $40.00, for the registration of a registered user the fee is US $20.00 and for an Assignment the fee is US $40.00.

OTHER INFORMATION

The Industrial Property Department in the Bahamas also registers both patents and design copyright. The registration of both of these is governed by The Industrial Property Act Chapter 299 of the Revised Laws, 1987 and the Industrial Property Rules Chapter 299 of the Subsidiary Legislation of the Bahamas 1987.

The Bahamas is a party to the Paris Convention for the Protection of Industrial Property and a member of the World Intellectual Property Organization (W.I.P.O.).

The contents of this article are intended to provide a general guide to the subject matter. Advice should be sought with respect to specific circumstances.