The current trademark regulations in the Bahamas are mainly based on the Trademark Law promulgated on May 29, 1906 (latest amended to Law No. 5 of 1987). The Bahamas Trademark Office is responsible for managing trademark affairs and the official language is English. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in the Bahamas follows the principle of "application first".
The Bahamas is a signatory to international intellectual property treaties such as the Paris Convention, the WIPO Convention, and the Geneva Convention, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through "single country registration".
At present, the Bahamas Trademark Office adopts the country's classification and does not accept applications for multiple categories in one table, nor does it accept service applications in categories 35 to 45 of the Nice classification. The elements of a trademark that can be registered in the Bahamas include: graphics, brand, label, name, signature, text, letters, or combinations thereof.
If the applicant does not reside in the Bahamas, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. The original power of attorney must be signed and stamped;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a trademark in the Bahamas is: application acceptance examination announcement approval issuance. After the application is submitted, it usually takes about 1-2 months to decide whether to accept it. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After the review is approved, an announcement will be arranged, and one month from the announcement date is the objection period. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
6. The slogan trademark lacks originality.
If there are no objections or objections are not valid during the announcement period, the registration can be approved and a registration certificate can be issued. If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. In a smooth situation, trademark registration in the Bahamas takes about 3 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended, possibly taking about 8 years.
The Bahamas trademark is valid for 14 years after registration, starting from the date of registration; Renewal can be processed 6 months before the expiration date, with a grace period of 1 month; The renewal period is 14 years.