Industrial Designs Law in Bahamas

30 May 2025 --
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In the Bahamas, industrial designs are governed by the Industrial Property Act (1965, Chapter 324), which provides the legal framework for the registration, protection, and enforcement of industrial designs within the country. The Registrar General’s Department administers the registration process for industrial designs.

📝 Registration Process

1. Eligibility

To be eligible for registration, an industrial design must be new and original. The design should be visually distinctive and not previously disclosed or used publicly.

2. Application Submission

Applications for industrial design registration must be submitted to the Registrar General’s Department. The application should include:

A clear representation or specimen of the design

A description of the design

The applicant's details

Payment of the prescribed application fee

The application forms can be obtained from the Intellectual Properties Section of the Registrar General’s Department. The department is located at:

3. Examination and Publication

Upon receipt, the Registrar General’s Department will examine the application to ensure compliance with the Industrial Property Act. If the application meets the requirements, it will be published in the Official Gazette. This publication initiates a one-month opposition period during which third parties can challenge the registration.

4. Registration and Certificate

If no opposition is filed, or if any opposition is resolved in favor of the applicant, the design proceeds to registration. A Certificate of Registration is issued, granting the proprietor exclusive rights to the design.

⏳ Duration and Renewal

Initial Protection: 5 years from the date of deposit

Renewal: The protection can be renewed twice, each for an additional 5 years, allowing for a total protection period of up to 15 years. Renewal applications should be submitted before the expiration of the current protection period.

📌 Use Requirement and Cancellation

The Industrial Property Act does not explicitly require the use of the design for maintaining its protection. However, any interested party may apply to the court for the cancellation of the design registration on grounds specified under section 39 of the Act.

🌍 International Protection

The Bahamas is a member of the World Intellectual Property Organization (WIPO) and is a signatory to the Paris Convention for the Protection of Industrial Property. However, the Bahamas is not currently a member of the Hague Agreement Concerning the International Registration of Industrial Designs. As a result, protection for industrial designs in the Bahamas must be obtained through national registration.