Trademark

Trademark

Protect your mark

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A trademark is a sign or a “mark” that allows consumers to distinguish and recognize products or services produced and offered by individuals or companies.

The creators and investors of works and products have the first right to use their own creation for their own benefit, either it be for financial and non financial gain, for future benefit, for community prosperity and so forth. They have the first right for use, therefore, their (intellectual) property should be protected the same as any other property right. The Bureau of Intellectual Property helps protect intellectual property of work created by individuals, groups or entities on these areas: trademark, copyright, patent, industrial design, ISBN and i-Envelope.

How to register?

The registration of the trademark depends on where the person resides or where the legal entity is established. Individuals who need to register a trademark in Curaçao can only do so through the BIP, which is the designated body authorized by law for the registration of marks for the territory of Curaçao.

*Trademark law: In Curaçao the law of trademarks is regulated by the 1995 Trademarks National Ordinance 1995 (National Gazette 1996, No. 188) and the National Trademark Decree (National Gazette 2000, No. 147).

Are you a resident of Curaçao? Register your trademark for national and international application. Residents of Curaçao are domiciled there. What if you are a non-resident of Curaçao? Register your trademark via proxy Non-residents are individuals who are domiciled in another country, thus not living in Curaçao.

Trademark registration for residents and non-residents

  1. Submit name/address of depositor or proxy – for non-residents
  2. Place a picture of the Mark in the indicated areas on the form
  3. Enter a statement of the color or colors, in the event that the depositor wishes to use colors as distinctive features of the mark
  4. If applicable: three-dimensional components of the mark (form of object or packaging)
  5. Submit statement of the commodities and services for which the mark is intended
  6. If applicable: mention that it is a collective mark
  7. Signature of depositor or proxy – for non-residents
  8. Submit description of the object the exclusive right is applied for

Now that you’ve registered your mark, what rights does one obtain?

Once you’ve successfully registered your trademark for your products and/or services, you’ve gained the exclusive right to the trademark. You now have full control over the identification of your products, goods and services as well as the authorization of others to use your mark whether or not in return for payment. This allows trademark holders to oppose any illicit/unauthorized use of the mark by others; the law protects the trademark and infringement of the trademark can be stopped at any time.