Trademarks Law in Bahamas
Sure! Here’s an overview of trademark law in the Bahamas:
Trademark Law in the Bahamas
1. Legal Framework
Trademark protection in the Bahamas is primarily governed by the Trade Marks Act, 2003, which modernized the legal regime in line with international standards.
The Bahamas is a member of the World Intellectual Property Organization (WIPO).
It is a party to international agreements including the Paris Convention for the Protection of Industrial Property and the Madrid Protocol (for international trademark registration).
2. Definition of a Trademark
A trademark is any sign capable of distinguishing goods or services of one undertaking from those of others.
This includes words, logos, symbols, letters, numerals, colors, shapes of goods or packaging, sounds, or combinations thereof.
3. Registration Process
Trademarks must be registered with the Registrar of Trademarks in the Bahamas.
The application undergoes examination for distinctiveness and conflicts with existing trademarks.
Once registered, the trademark owner obtains exclusive rights to use the mark in connection with the registered goods or services.
4. Duration and Renewal
Trademark registration lasts for 10 years from the filing date.
Registrations can be renewed indefinitely for successive 10-year periods upon payment of renewal fees.
5. Rights Conferred
The owner has the exclusive right to use the trademark.
The right to prevent others from using identical or confusingly similar marks on related goods or services.
The right to license or assign the trademark.
6. Infringement and Enforcement
Unauthorized use of a registered trademark constitutes infringement.
Remedies include injunctions, damages, account of profits, and destruction of infringing goods.
Criminal penalties may also apply for willful infringement.
Enforcement is through the Bahamas courts.
7. Well-Known Marks
The law provides protection for well-known trademarks, even if not registered in the Bahamas, to prevent dilution or unfair advantage.
8. International Registration
Through the Madrid Protocol, trademark owners can file for international registration designating the Bahamas, simplifying protection in multiple jurisdictions.
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