IP in St. Maarten Trademark law and practice
The Netherlands Antilles, consisting of the islands Curacao, the Dutch part of St. Maarten, Bonaire, Saba and St. Eustatius, ceased to exist as of October 10th, 2010.
As of October 10th, 2010 Curacao and the Dutch part of St. Maarten have become autonomous constituent states of the Dutch Kingdom, while the islands Bonaire, Saba and St. Eustatius have become Dutch municipalities known as the BES-Islands or the Caribbean Netherlands.
Current Netherlands Antilles registrations are valid for both Curacao and St. Maarten for their current term. No confirmation registration is necessary. For purpose of renewal of existing and filing of new registration though, the trademark holder must decide for which jurisdiction (Curacao and/or St. Maarten) this must be done. This means that as of October 10th, 2010 new separate applications should be filed for Curacao and/or St. Maarten when filing for a new registration or renewing an old one.
St. Maarten is a party to the Paris Union Convention for the protection of industrial property. Furthermore, St. Maarten may be designated as a territory under the Madrid Protocol.First to file
First filing of the mark determines who acquires the exclusive right to use the mark.
A trademark or service mark registration can be declared null and void by the court upon the petition of any interested party, if no normal use of the mark has been made during an uninterrupted period of five years. Renewed use after such a five-year period can serve to fulfill the use requirement. Registrations and subsequent renewals are valid for 10 years.
Normal use means customary commercial use of the mark to distinguish the goods or services from those of other producers or service providers, with the purpose of maintaining or increasing market share, as opposed to mere token or symbolic use, with the intent to keep a registration valid.
For further details about the registration process please contact us at firstname.lastname@example.org.