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St. Maarten

Searches

Trademarks availability searches are made according to the international nomenclature of the Nice Agreement. Such search applications may target multiclass trademarks. Device marks can be searched. The approximate time frame to receive results is one week for expedite search, and within 4 to 6 weeks for regular search.

Application

Trademark filing applications require a Filled out Registration Form and a Power of Attorney. The application number is assigned at filing date. At filing the application is not necessary to specify actual use or intent use of the mark. Priority can be claimed.

The criteria applied by the Examiner at the moment of examining the applications may be for absolute causes. The application cannot be refused on the basis of a non-registered well-known marks owned by third parties.

The applications may be published once they have been examined in form and substance, if requested by applicant. Then the application cannot be subject of an opposition. It takes approximately 3 months from publication to issuance.

Registration

In the event a renewal date is missed within 6 months this can be repaired, a fee is due. The first renewal due is 10 years on the anniversary date of the application.

Cancellation

After 5 years from the registration, such trademark can be subject to a cancellation action. The cancellation needs to be acted by third party.

Nullity

Likewise, a registration can be subject of a nullity action, raised by a third party, which claims to hold rights, contravention of good morals, public order, consumer confusion, etc. The nullity proceedings at the request of part begin with the filing at local Court. The time frame to obtain a decision is around 18 months. The Trademark Ordinance of the Netherlands Antilles is the applicable law. The right to the mark shall be declared null and void within the limits of the article 25.1 of Trademark Ordinance of the Netherlands Antilles. Further, the Paris Convention is applicable.

Assignments and renewals

In order to record an assignment, it is required a written agreement and license agreements need to be registered with the TMO. In the case of renewals of trademark registrations, it is required a Filled out Registration Form and a Power of Attorney.