IP in Aruba Trademark law and practice in Aruba
The trademark law in Aruba contains provisions for the registration and protection of trademarks and service marks. Aruba is a party to the Paris Union Convention for the protection of industrial property. In 1986, after Aruba acquired the status of a separate country in the Dutch Kingdom, Aruba set up its own trademark bureau. First use of trademark
Under Aruban law the exclusive right to use a trademark belongs to the party who has made first use of a mark in Aruba to distinguish his goods and/or services. First use can be based on sales of or use of or offering of the goods and/or services in the local market.
Pursuant to case law, first use can also be based on advertising of the goods and/or services in local or international media which are published or sold in Aruba or of which broadcasts can be received in Aruba, if such advertising is intended to reach the local consumer. It is advisable that advertisements should contain a clear indication as to the origin of the goods or services. The law contains a non-usus provision pursuant to which an owner is only protected for a period of 3 years since his last use of the mark in Aruba.
Registration of a trademark as such does not give the registrant the exclusive right to use the mark. Pursuant to the law however registration of the mark creates a presumption that the registrant is the first user of the mark. This presumption places the burden of proof as to who is the first user of the mark on the registrant's opponent, who claims to have the exclusive right to use the mark. The presumption that the registrant is also the first user of the mark, can of course be rebutted by evidence to the contrary. Registrations and subsequent renewals are valid for 10 years.
All registrations are published in the Trademark Gazette. A trademark appeal against registrations can be filed within 6 months after publication of the registration in the Trademark Gazette.
Domain Name Registrations in Aruba
Setar N.V., the national telephone carrier, is the entity entrusted with the registration of domain names “.aw” and “.com.aw”. Registration of domain names is currently only open to Aruban legal entities or citizens. Foreign nationals or entities are currently not allowed to register their domain names. Sjiem Fat & Co. can register domain names for its clients in Aruba. The domain name will be registered in name of Sjiem Fat & Co.’s on behalf of the clients. To guarantee our client’s intellectual property rights as regards to their trademarks and domain names:
- a fiduciary agreement is drafted and signed between Sjiem Fat& Co. and the client
- we advise to have the domain name registered with the local trademark bureau prior to the domain name registration.
Once we have been engaged with the registration of the domain names and after signing of the fiduciary agreement, we can proceed with the registration.
For further details about the registration process please contact us at email@example.com.