Trademarks

As an entrepreneur you invest time, energy and money in your company. You build up a good name, thereby creating economic value. That value resides in your business's trade name, the name of your product or service or in the logo. Perhaps in all three. You don't want a third party to hitch a free ride on the back of your efforts.

It therefore makes sense to protect your trade name, brand name and logo. Doing so puts you in a position to take action against anyone copying or using them without your authorisation.

Registering your trade name and domain name is a very good start, but that does not provide trademark protection for your trade name or logo.

Are you looking for optimal protection for your name or logo? If so, apply to register your trademark. You can register both your trade name and the logo of your product, service or company as a trademark.

More about trademarks

A registered brand is a strong brand

Why opt to register my trademark?

Monopoly on the trademark
Registering secures your exclusive right to use your trademark to promote the goods and services covered by the registration.
A trademark is valuable
Selling or licensing your trademark becomes more lucrative. A registered ® trademark is a valuable asset.

Protection against unauthorised use

By registering, you are in a better position to take action against those who want to piggy-back on your success for free.

Sign of professionalism

You can leverage your trademark registration by using the ® mark. It conveys professionalism and will inspire confidence in your customers.

Benefits trademark registration

How to register?

1. Is my trademark still available?

Before you start using your trademark and before you have it protected, it is, of course, a good idea to check which trademarks are already protected. You can search for trademarks in the Caribbean Netherlands trademarks register. You can do the search yourself for free. More about searching for trademarks

2. Should you do it yourself or have a specialist do it?

There are all kinds of practical and legal issues involved in protecting your trademark. This is true starting from the registration stage. Which signs are suitable for use as trademarks? What pre-existing rights do others hold and what risk may they represent to you? Which goods and services are you going to use the trademark for and how can you best describe them so as to maximise your protection, whilst minimising the chance of conflicts with other trademarks? These are all aspects which are crucial to the successful protection of your trademark. A trademark agent or specialised lawyer can advise you on all such trademark and other intellectual property matters. More about trademark specialists

3. How do I register my trademark?

You can apply for a trademark by filling in a form and paying the relevant fees. The easiest way to do this is online. You can download a software application free of charge which will guide you through the form and help you to fill it in correctly. More about registering a trademark

What are the steps in the procedure?

Upon receipt of your application, BOIP logs the date and time of receipt and sends you confirmation. The data on your form is then entered in our system. Next, a check is made to see whether your application meets the minimum requirements. More about the procedure

What maintenance does my trademark require?

Once BOIP has registered your application in the Caribbean Netherlands trademarks register, you will have exclusive rights to your trademark. However, to maintain those rights, you must use your trademark, keep an eye out for unauthorised use by others, keep your registration updated and renew it on time. More about maintaining a trademark

How do I register my trademark outside the Caribbean Netherlands?

Outside the Caribbean Netherlands

A registration in the Caribbean Netherlands register via BOIP is always automatically valid for the three islands: Bonaire, St. Eustatius and Saba. You can also protect your trademark outside the Caribbean Netherlands. Such protection is advisable if you plan to sell your products and services outside the island group. There are various options when it comes to protection outside the Caribbean Netherlands, each of which has its own advantages and disadvantages. More about outside the Caribbean Netherlands

Frequently asked questions

Can I patent my name?

No, that is not possible. Patents are only granted for technical inventions. You can, however, protect a name, such as the name of your company or goods and services, under trademark law. Trademark law is different to patent law. To protect your name (as brand), you can apply to register it as a trademark.

Do I have a trademark?

If you use your trade name, for instance, as a logo or on social media, to promote your products or services, you are, in fact, using your trade name as a trademark. A trademark is a sign used to differentiate a company’s products and services from those of others.

Do I own a trademark?

Lots of entrepreneurs register their trade name with the Chamber of Commerce, and also register a domain name. That does not, however, make you the owner of a trademark or logo in the eyes of the law. Only when you register your trademark officially do you become its legal owner. It is therefore prudent to register your trade name or logo as a trademark too.

How much does trademark registration cost?

The basic fee, for up to three classes, is 310 USD for an individual trademark. There can be additional costs depending on the goods and services for which you claim protection. Check the current rates

I have registered my trademark. Can I use the ®sign now?

Once your trademark has been registered, you can use the ®sign to promote it. This looks professional and inspires confidence in your customers. There is, however, no law prohibiting use of the ®sign with non-registered trademarks. The fact that a trademark bears the ®sign does not necessarily mean that it is actually registered. You can check whether a trademark is registered in the Caribbean Netherlands Trademarks Register, the official place of publication for registered trademarks.

More FAQs