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Intellectual Properties

Trade Marks, Patents and Design Copyrights are governed by the Trade Marks Act 1906 and by the Industrial Property Act 1965 (which came into force in December 1970) and by the Rules thereunder respectively. Both the Act and Rules are subject to amendment from time to time.

Trade Marks

Trade Mark Application. A Trade Mark remains in force for 14 years and can be renewed for like periods. Items required are: (i) an original Form of Authorization signed by the Applicant; (ii) name and address of Applicant; (iii) list of goods to be protected; (iv) eight (8) original samples/prints of the logo/design for each Application in each Class being filed; (v) When claiming priority, a certified copy of Priority document with English translation is required.

Renewal Application. An original Form of Authorization signed by the Proprietor is required to file this Application.

Change of Name. Items required for filing are (i) an original Form of Authorization signed by the Applicant; (ii) certified copy of Certificate of Change of Name.

Change of Address. Original Form of Authorization signed by the Proprietor together with the old and new addresses is required in order to file this Application.

Assignment. (i) Original Forms of Authorization, one from the Assignor and one from the Assignee; (ii) Assignment document signed and sealed by both parties are required for filing.

Merger. Items required for filing are: (i) certified copy of Certificate of Merger/Amalgamation; (ii) Statement of Case signed by Subsequent Proprietor (iii) Form No. 22 (Declaration) signed by Subsequent Proprietor before a Notary Public (iv) original Form of Authorization signed by Subsequent Proprietor.

Classification of Goods. The Bahamas uses the old British Classification of Goods.

Patent

The term of a Patent is sixteen (16) years provided payments are made annually before the expiration of the 4th year and in respect of 5th year. Items required for filing are: (i) Form No. 1 (Application for Patent) signed by the Applicant; (ii) Specifications and Claims in triplicate (iii) Drawings, if any, in duplicate; (iv) When claiming priority, a certified copy of Priority document with English translation is required.

Design Copyright

Design Copyrights are renewable for three (3) five-year periods only. Items required for filing are: (i) Form No. 13 (Claim for Design Copyright); (ii) Description of the design together with three (3) identical representations of the Design; (iii) If Applicant is not the true Author/Inventor of the design, an Assignment by the Inventor to the Applicant is required.

Our Intellectual Properties Team: Harry B. Sands

To contact our Intellectual Properties Department directly, please send an e-mail to jalcena@hbslaw.com.