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Saint Maarten Trademark Registration

Registration
Following the dissolution of the Netherlands Antilles on 10 October 2010 St. Maarten became an autonomous country within the Kingdom of the Netherlands.
A trade mark can be registered in St. Maarten pursuant to the Transitional Law declaring the former Trademarks National Ordinance (1995) (effective January 1, 2001) of the Netherlands Antilles applicable to St. Maarten which provides for local trade mark applications.

The following information and documentation is required:
1. name of the trade mark
2. one copy of the mark (unless mark is word only)
3. class(es) and specification of goods and/or services
4. applicant's name and address
5. Power of Attorney
6. certified copy of priority document (if priority is claimed)

It usually takes about four months for the Director of the Bureau for Intellectual Property of St. Maarten to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Bureau will issue a Certificate of Registration. If a trade mark is not used within five years after registration it may be cancelled.

Classes
The International Classification system is used. Multi-class applications are allowed.

Searches
In order to conduct a search the only documentation required is the name of the trade mark and one print of the mark (unless mark is word only). The result can usually be provided within four weeks.

Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the only documentation required is a Power of Attorney.

The application for renewal should be filed within six months prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee. After that time a new application for registration is required. It usually takes about four months for the Bureau to process an application for renewal. Once the renewal is complete the Bureau will issue a Certificate of Renewal. If you do not wish to renew the mark please inform us so that we can advise the Bureau accordingly.

ST. MAARTEN
Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Bureau accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in St. Maarten.
To record the assignment of a trade mark registration the only documentation required is the Deed of Assignment (notarised) and a Power of Attorney.
It usually takes about four months for the Bureau to process an application to record an assignment. Once the recording is complete the Bureau will issue a Certificate of Assignment.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in St. Maarten.
To record a change of name and/or address for a trade mark registration the only documentation required is a certified copy of the document evidencing the change and a Power of Attorney. It usually takes about four months for the Bureau to process an application to record a Change of Particulars. Once the recording is complete the Bureau will issue a Certificate of Change of Name and/or Address.

Area Practice:

INTELLECTUAL PROPERTY

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