Trademarks Law in Sint Maarten (Netherlands)
Trademark Law in Sint Maarten (Netherlands)
1. Legal Framework
Sint Maarten is a constituent country within the Kingdom of the Netherlands located in the Caribbean. It has its own legal system, including intellectual property laws, which are separate from the European part of the Netherlands.
Trademark protection in Sint Maarten is governed by the Trademark Ordinance of Sint Maarten.
The Intellectual Property Office of Sint Maarten (IPOSM) administers trademark registrations.
Sint Maarten is not part of the Benelux trademark system.
Sint Maarten is not a member of international treaties like the Madrid Protocol or the Paris Convention independently, but the Kingdom of the Netherlands’ membership does not extend automatically to Sint Maarten in intellectual property.
2. What Can Be Registered as a Trademark?
Trademarks eligible for registration include:
Words, names, letters, numerals
Logos, symbols, designs, colors
Shapes and three-dimensional marks
Sounds and other signs capable of graphical representation
Marks must be distinctive and not contrary to public order or morality.
3. Trademark Registration Process
Filing Authority: Intellectual Property Office of Sint Maarten (IPOSM)
Process:
Application Submission with clear representation of the mark and list of goods/services classified under the Nice Classification.
Examination for formalities and distinctiveness.
Publication for opposition.
Opposition Period: Generally 30 days from publication.
Registration if no opposition or opposition unsuccessful.
4. Duration and Renewal
Trademark protection lasts 10 years from the date of registration.
Renewable indefinitely for subsequent 10-year periods.
Renewals require timely application and payment of fees.
5. Rights Conferred
Exclusive right to use the trademark in Sint Maarten.
Right to prevent unauthorized use or confusingly similar marks.
Ability to license, assign, or pledge the trademark.
6. Infringement and Enforcement
Trademark infringement includes unauthorized use, imitation, or counterfeiting.
Enforcement is through the Sint Maarten judicial system.
Remedies include injunctions, damages, and seizure of counterfeit goods.
7. International Protection
Sint Maarten is not a party to international trademark treaties independently.
Protection outside Sint Maarten requires registration in each jurisdiction.
The Kingdom of the Netherlands’ international agreements generally do not extend to Sint Maarten in trademark law.
Summary
| Feature | Details |
|---|---|
| Governing Law | Trademark Ordinance of Sint Maarten |
| Registration Authority | Intellectual Property Office of Sint Maarten (IPOSM) |
| Protection Duration | 10 years, renewable indefinitely |
| Opposition Period | ~30 days after publication |
| Madrid Protocol Member | ❌ No |
| Benelux System | ❌ No |
| EU Trademark Applicable | ❌ No (outside EU territory) |
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