Trademark Registration in the Bahamas

Overview of Trademark Registration in the Bahamas

The availability of a properly registered personal trademark significantly increases the credibility of the organization, along with increasing the cost of its assets.

 The favourable economic and legal climate for foreign clients and the active interest of the government towards attracting foreign companies aid to the growth of the Bahamas. There are a number of preferential concessions for new participants.

The location of the Bahamas, i.e. near the US border, and its independent status can also be beneficial for entrepreneurs intending to get their trademark registered in this destination. The Bahamas guarantees the complete confidentiality of the entire client’s data. Since the 2000s, there has been a simplification of the visa-free regime for visiting the Bahamas as well.

 The entrepreneur shall be obtaining an officially registered trademark having legal force. The new trademark will be introduced into a single database, and competitors won’t be able to use the entrepreneur’s brand in the future.

 Laws governing Trademark Registration in the Bahamas

The primary legislation which governs trademarks in The Bahamas is the Trademarks Act (6/1906), as amended, which is supplemented by the Trademarks Rules (175/1948)

Authority Responsible for Trademark Registration in the Bahamas 

The Registrar General Department of the Bahamas (RGD) is the authority responsible for trademark registration in the Bahamas

Eligible Marks for Trademark Registration in the Bahamas 

Generally, words, designs, symbols, or logos which aren’t registered already as a Trademark in The Bahamas may be registered.  The marks must have at least one of the following properties:

• Top of Form
• Bottom of Form
• name of the individual or business with which it is associated
• The signature of the applicant (or predecessor's invented word(s)
• A distinctive mark

Ineligible Marks

• Current registered Marks
• Offensive words, designs or marks
• A surname
• Marks which are calculated to deceive
• Marks describing  the character or quality of the goods
• Marks connoting  a geographical name

Documents Required for Trademark Registration in Bahamas 

The following information and Documents are  required for Trademark Registration in the Bahamas

• Form No. 1 (Form of Authorisation).
• Form No. 2 (Application Form).
• From3 (With additional representations of the Trademark).
• name of the trade mark
• one copy of the mark (unless the mark is a word only)
• class(es) and specification of goods
• Applicant’s name and address
• certified copy of the priority Document (if priority is claimed)

Procedure for Trademark Registration in Bahamas 

The procedure for trademark registration in the Bahamas is elaborated below. 

Trademark Search

It is important for the applicant to carry out a trademark search for the desired trademark prior to applying for the same in order to make sure that the mark isn’t already being used or has been registered as a company or domain name by someone else.

Listing the Good / Services

The applicant must list the goods/services in the correct and clear manner as per the Nice Classification for the International Registration of Goods and Services.

Application Filing

The next step shall be filing the application for the registration of a Trademark in the Bahamas, which can be done by filling out the relevant forms and attaching the requite Documents with the same.

Examination

Upon the submission of the application to the competent authority, the application shall be examined by such authority to check for any discrepancies, along with conducting a trademark search from the authority's end to avoid the issues of duplicacy of trademarks.  

After the completion of the examination, the competent authority shall publish the trademark in the official gazette in order to invite any opposition against the trademark.

Opposition

Any individual/ entity intending to oppose the trademark can file for the same within 2 months from the date of publication, after which the authority shall move forward with  the final step of the trademark registration process.

Grant of Registration Certificate

This is the final step of trademark registration in the Bahamas, wherein the authority shall grant the trademark registration certificate   to the applicant only if there is an absence of any opposition from any party or the opposition proceedings have been in favour of the applicant

Effect of Registration

Registration entails the exclusive right to use the registered trademark for the goods or services to the applicant protected period.

Validity of the Trademark Registration in the Bahamas

 The validity of a registered Trademark is 14 years from the registration date, and the registration is renewable. In the event of a lapse of the trademark,  it may enter the public domain.