Searches
Trademark availability searches are made according to the national nomenclature of Bahamas; such search applications may target multiclass trademarks. Device marks can also be searched. The approximate time frame to receive results is within 6 to 8 weeks.
Application
Trademark filing applications require an Original signed Authorization Form. The application number is assigned approximately from 1 week to 1 month after filing. At filing the application is necessary to specify bona fide intention to use. Priority can be claimed.
The criteria applied by the Examiner at the moment of examining is based on whether or not identical or confusingly similar, immoral, if the application Forms are completed properly. 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 expose the arguments in writing.
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 30 days as of the publication date of the mark. It takes approximately 18 months from publication to issuance.
Registration
Granted the registration, there are no maintenance fees due to keep the registration alive. The first renewal due is 14 years on the anniversary date of the application.
Cancellation
There is no cancellation for non use procedure.
Nullity
Likewise, a registration can be subject of a nullity action, raised by a third party, on the grounds of invalidity. This action is interposed before the Trademark Office, but the appeal is interposed before the Court of Law. The time frame to obtain a decision is approximately 2 years.
Assignments
In order to record an assignment, it is required an original signed Authorization Form one for each mark in each Class, each signed by the Assignor & Assignee, Assignment Form with inclusion of goodwill, with domicile of parties, effective date and signature of the Assignor & Assignee. The time frame to receive the assignment certificate is approximately 2 years.
Renewals
In the case of renewals of trademark registrations, it is required an original signed Authorization Form one for each mark in each Class; and the time frame to obtain the renewal certificate is approximately 2 years.
