Searches
Trademark availability searches are made according to the international nomenclature of the Nice Agreement; such searches may target multiclass trademarks. Device marks can also be searched. The approximate time frame to receive results is approximately from 4 to 6 weeks for normal searches and from 3 to 5 days for expedite searches.
Application
Trademark filing applications require an original Power of Attorney and priority documents (certified copy), if applicable. No legalization or notarization is required. The application number is assigned at filing date and at filing, it is not necessary to specify actual use or intent use of the mark.
The criteria applied by the Examiner at the moment of examining the applications may be for relative or absolute causes. Likewise the application can be refused on the basis of a non-registered famous marks owned by third parties.
Concerning the procedure available to respond to a refusal, the objections raised against the registration of a mark may be removed within a month from the objection-notice. Extensions of this period are possible. If applicant fails to remove the objections within the required time frame, the registration shall be denied. The applicant whose registration of a mark has been denied, may request the Court of First Instance to have the registration ordered. Said request has to be filed within 2 months as of the date of the denial-notice.
The applicable law is the Aruba Trade & Service Mark Act (Article 6 paragraph 3, 4 and 5 and Article 9 paragraph 1).
The applications are published once they have been examined in form and substance. Then the application can be subject of an opposition, which can be filed within 6 months as of the publication date of the mark. The registration enters into force as of the date of receipt of the application.
Registration
Granted the registration, such is valid for 10 years and there are no maintenance fees due to keep it alive. The first renewal due is 10 years from the filing date. There is a grace period of 3 months.
Cancellations
After 3 consecutive years from the last use, the registration can be cancelled for non-use. This action of cancellation can only be interposed by a third party.
A registration can be subject to a cancellation action by a third party claiming a better right. If a third party can proof use prior to registration or use date the trademark will still be vulnerable since Aruba is a first to use jurisdiction. This action is interposed before the Court of Law, in the same manner the appeal. The time frame to obtain a decision is approximately 12 months. The law applicable is Aruba trademark Law and Paris convention.
Assignment
In order to record an assignment, it is required a certified copy of the deed of assignment by a notary of the respective country (original), signed by both parties would be valid in Aruba Registry and original Power of Attorney duly signed, sealed (if possible) and notarized by a notary by the respective country, by the assignee is also required. The time frame to receive the assignment certificate is within 8 to 9 weeks after filing of all necessary documents.
Renewal
In the case of renewals of trademark registrations, it is required an original Power of Attorney, duly filled in, signed, sealed if possible and notarized by a notary public of your country, in the name of the applicant, a copy of the logo or design in JPG or JPEG format and an indication of the class or classes, a list of the goods and/or services for which the mark is to be renewed in. Applications for renewal may be filed 6 months prior to the due date or within 3 months from the due date. The time frame to obtain the renewal certificate is approximately from 6 to 8 weeks after filing of all documents.
