Check yourself the published TM registrations in BES Islands on www.boip.int/en/carib
As this new Register hardly has one thousand registrations, it is not possible to apply for official searches, therefore the Benelux Office for Intellectual Property (B.O.I.P.) published the list of TMs in order for interested parties to have a look by themselves. These published marks are only new and confirmed Antillean registrations, it does not include international ones, which should be looked up in WIPO’s website.
Since the recent disintegration of the Netherlands Antilles, CURACAO and SAINT MAARTEN are now two new autonomous countries; this turned up in consequence that the remaining islands: Bonaire, Sint Eustatius and Saba became the so called BES ISLANDS and fall under the directions of The Netherlands.
With respect of CURACO and SAINT MAARTEN searches have to be done independently in each country.Read More
The Bureau for Intellectual Property from Curacao has officially confirmed that for one year they will be in charge of the Bureau for Intellectual Property from St.Maarten.
The official fees for St.Maarten have also been confirmed and Curacao will maintain the former AN fees.
Only for Caribbean Netherlands (BES Islands) re-registration of an existing AN registration is required. For Curacao and St.Maarten the existing AN registrations will remain in force until the next renewal date. Only at the time of renewal the trademark owner has to indicate whether he wishes for renewal oly in one country or both countries.
As to the country codes, CW has been unanimous approved for Curacao as well as BQ for Caribbean Netherlands, while the code NM applied for St.Maarten has not been approved. It needs a second round of voting according to information we just received upon our inquiry at WIPO.
Last Update: 28.10.2010
Sources: G.A. Winkel SR.N.V.
The Kingdom of The Netherlands will adopt a new structure as from October 10, 2010. The Netherlands Antilles (AN), formed by five Caribbean islands, will be disintegrated; and instead, two new autonomous countries will turn up in this Kingdom.
One of them is Curacao (with approx. 144.000 inhabitants) and the other one St. Maarten (approx. 40.000). These islands follow the steps of Aruba, who has a separate status since 1986.
For Bonaire, St. Eustatius and Saba (BES islands or Caribbean Netherlands), which are the smallest ones (and have 20.000 inhabitants altogether) the change will be more intense, since they will become special municipalities and will fall under the directions of The Netherlands.
Not much has been officially decided regarding intellectual property matters. So far, it can be announced that:
- The current 1995 Trademark Ordinance, the 1995 Trademark Decree and the 200 BIP Regulation will be adapted for all 3 new entities.
- The country code CW has been approved.
- The Registrar confirmed that there is no need to file reconfirmations in Curacao and neither in St. Maarten. All registrations will remain in force in Curacao and in St. Maarten aswell, until the next renewal date. Only upon renewal the trademark owner has to indicate whether he wishes the registration to be renewed in both countries or not. The former fees of the Netherlands Antilles will remain in force for Curacao
In St. Maarten
- The country code NM has been approved.
- It has been finally decided that the Curacao Trademark Office will handle their registrations for the time being, but the official fees has yet to be approved.
In BES Islands (or Caribbean Netherlands)
- The country code BQ has been approved.
- The new Trademark Law will be identical in many aspects to the existing Trademark Law of the Netherlands Antilles. One major difference is that trademark applications will not be examined on absolute grounds
- An application for re-confirmation of existing AN registrations can be filed until October 10th, 2011 and no official fees will have to be paid.
For International Registrations
- All I.R.’s with AN designation will automatically be transformed to Caribbean Netherlands, Curacao and St.Maarten. Trademark owners do not need to take any action
- Not only the Protocol but also the Arrangement of Madrid will be in force for Caribbean Netherlands
- A new website will be created www.caribie.nl (Caribie stands for Caribbean Bureau Intellectual Property) and will be accessible on October 10, 2010.
Last Update: 25.10.2010
Sources: G.A. Winkel SR.N.V. and E-proint
In order to maintain and protect current national Antillean Trademark rights, current Netherlands Antilles holders will need to file maintenance/confirmation applications for the BES-Islands (Bonaire, St. Eustatius, Saba) before October 10th 2011.
Applications are made to the Office for IP for the Caribbean Netherlands in the Benelux Office of Intellectual Property.
Registration in the BES register extends to all three BES-Islands. Requests for renewal may be submitted simultaneously with an application for confirmation.
Failure to file the maintenance applications by October 10th,2011 means that there will be no protection for Netherlands Antilles registrations in the BES-Islands as of October 11th, 2011 unless a new application is filed with the Benelux Trademark Office.Read More