Trademarks Law in Sint Eustatius (Netherlands)
Trademark Law in Sint Eustatius (Netherlands)
1. Legal Framework
Sint Eustatius is a special municipality of the Netherlands, located in the Caribbean. As such, its trademark law follows the framework of the Kingdom of the Netherlands, but with some regional specifics.
Trademark protection is governed by the Dutch Trademark Act (Benelux Trademark Act) and applicable regulations.
Sint Eustatius is covered under the Benelux Convention on Intellectual Property (BCIP), which governs trademarks in the Benelux countries (Belgium, Netherlands, Luxembourg).
Additionally, trademarks registered under the Benelux Office for Intellectual Property (BOIP) are valid in Sint Eustatius.
The BOIP has extended its jurisdiction to cover the Caribbean Netherlands, which includes Sint Eustatius, Bonaire, and Saba.
2. What Can Be Registered as a Trademark?
Trademarks may include:
Words, names, letters, numerals
Logos, symbols, colors
Shapes and three-dimensional marks
Sounds or other signs capable of graphical representation
Marks must be distinctive and not deceptive or contrary to public order.
3. Trademark Registration Process
Filing Authority: Benelux Office for Intellectual Property (BOIP)
Process:
Application Submission with representation of the mark and list of goods/services under the Nice Classification.
Formal Examination for compliance.
Substantive Examination (distinctiveness and conflicts).
Publication in the Benelux Trademark Bulletin.
Opposition Period: 2 months from publication.
Registration if no opposition or opposition resolved.
4. Duration and Renewal
Trademark registration lasts 10 years from the filing date.
Renewable indefinitely for additional 10-year periods.
Renewals must be requested before expiry or within a grace period with a surcharge.
5. Rights Conferred
Exclusive right to use the trademark in Sint Eustatius and the entire Benelux region.
Right to prevent unauthorized use or confusingly similar trademarks.
Ability to license, assign, or pledge the trademark.
6. Infringement and Enforcement
Trademark infringement covers unauthorized use or counterfeiting.
Enforcement is via civil courts in the Netherlands or regional Caribbean courts.
Remedies include injunctions, damages, and seizure of infringing goods.
7. International Protection
Sint Eustatius is covered under the Benelux trademark system, which coexists with the Madrid Protocol system.
International trademark registration designating the Benelux via Madrid Protocol also applies.
EU trademark protection does not apply to Sint Eustatius since it is outside the EU customs territory.
Summary
| Feature | Details |
|---|---|
| Governing Law | Benelux Trademark Act & BOIP regulations |
| Registration Authority | Benelux Office for Intellectual Property (BOIP) |
| Protection Duration | 10 years, renewable indefinitely |
| Opposition Period | 2 months after publication |
| Madrid Protocol Member | ✅ Yes (via Benelux designation) |
| EU Trademark Applicable | ❌ No (Sint Eustatius is outside EU customs territory) |
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