PATENTS

Documents required for filing Dutch Bes Islands patent applications:

At filing :

- A specification with claims and drawings, if any (late filing of drawings is not possible), and an abstract.

- Language requirements: a specification can be filed in English, French, German or Dutch. French or German specifications require translation into English or Dutch. English specifications require translation of the claims into Dutch.

- The full name, the full postal address and the nationality of the applicant(s). Names of legal entities must be indicated by their official designations.

- The priority date(s) to be claimed, the priority number and the priority country(ies), if any.

- Power of attorney (legalization not required), if requested by the Patent Office. Subsequent to filing

- The designation of the inventor(s) if the applicant is not the inventor or not the sole inventor. We need the full name(s), i.e. family name and all given names in full, and the full postal address.

- Priority document (if necessary with translation into English, French or German).

- Assignment of priority rights.

Please be informed that a patent application is usually published and granted after 18 months. A search report is issued, either of the international-type or a national one, to which a response can be filed (however not mandatory). No further substantive examination is done.

Language requirements

Any language can be used for filing a national Dutch patent application, e.g. a Chinese, English, Korean or Japanese specification.

After filing a complete Dutch translation of the specification or an English translation of the description and a Dutch translation of the claims need to be filed within a time limit set by the Dutch Patent Office.

The claims of a Dutch patent application need always to be filed in the Dutch language. The Dutch claims are intended to make it easier for the public to understand the scope of the patent protection.

Priority

National patent applications in the Bes Islandss may be filed as a first filing (t0) or by claiming priority (t1 ≤ t0+1 year) under the Paris Convention. Paris Convention priority can be claimed within 16 months from the earliest priority date. A certified copy of the priority patent application together with a complete English translation has to be provided.

Procedure after filing up till grant :

A search for novelty purposes is obligatory and is performed by the Search Division of the Dutch Patent Office or by the Search Division of the European Patent Office (in The Hague) under the payment of a search fee. The Search Report (SR) is issued together with a Written Opinion (in English) containing a preliminary opinion in regards to the novelty and inventive step of the claims as searched.

A Dutch patent application will be published after 18 months from its first filing date (t2=t0+18 months).

When claiming priority, the Search Report (SR) will be issued (t3) generally after the publication date (t2). In such case, the claims and description may be voluntarily amended in response to the comments of the Written Opinion within a time period of two months from the issue date of the SR. This time period may be extended once, upon request, by two months.

A Dutch patent will be granted on the documents on file after expiry of this time period (t4=t3+2 months (+2 months)). The grant and publication of the patent will take place based on the set of claims originally filed or based on the set of claims filed in response to the SR.

If the SR is issued more than four months before the publication date of the application (t2=t0+18 months) the claims and description may be voluntarily amended till the publication date of the application. This term is not extendible.

In the case of a direct NL-filing, i.e. without claiming priority, the SR will be issued within the priority year. In that case the claims and description may be voluntarily amended till the publication date of the application (t2=t0+18 months). This term is not extendible.The requirements for amendments are the same as under Art. 123(2) of the European Patent Convention (EPC).

After grant :

In the Bes Islandss, the substantive requirements for the grant of a patent are the same as the requirements for novelty, inventive step and industrial applicability under the EPC. There is no opposition period.

Maintenance fees

The Bes Islandss has the same fee system as Netherlands, Germany, France and the United Kingdom, meaning that the first maintenance fee is to be paid starting with the fourth year from the filing date.

TRADEMARKS

Examination for registration :

The Bes Islands Trademark Office will examine whether the requirements for obtaining a filing date have been complied with. As soon as possible after filing the application form the applicant will be notified of the filing date or of the grounds explaining why a filing date could not be established.

After a filing date has been accorded, the trademark will be examined whether the other formal requirements have been met. If the application does not comply with one or more of those requirements, the applicant will be informed thereof with indication of the requirements concerned, and will be given one month to comply with those requirements. This term may be extended on request or ex officio, provided that it cannot be extended beyond six months from the date of dispatch of the first notification. If the requirements are not met within the prescribed term, the application will lapse.

For the BES-Islands there is no examination on formal grounds.

Registration :

Registration of a trademark in the Register cannot be refused based on anticipations (nor on absolute or relative grounds). If an application meets the formal requirements the registration of the trademark will be effected.

The legal date of registration of a trademark shall be the same as the official date of filing, irrespective of the actual date on which the registration is affected. Registration will take place in the language of the application.

Opposition :

Ex parte opposition proceedings are not provided for the BES islands. After registration, the cancellation on both relative and absolute grounds of a trademark may be demanded in proceedings on the merits before the Court of First Instance.

In these proceedings it is possible to request for an injunction and/or damages.

Certificate of registration :

As soon as the registration has been affected a certificate of registration will be provided to the applicant.

Publication :

Upon registration, all particulars thereof are published in the Register for BES ISLANDS trademark Office. Publication will be done in the language of the registration. At present, there is no publication of the application prior to registration.

All particulars regarding registrations of trademarks in the BES islands - including renewal, amendment, assignment, grant or cancellation of licenses, pledge or seizure, nullity - are published.

Requirements for filing :

An application must be filed on prescribed form in English or Dutch, signed by the applicant (if signed on behalf of a corporate body, name and capacity of the signatory must be mentioned below the signature), or signed by an agent who is authorized thereto.

An application must comprise the following :

1. the last name, given names (in full) and street address of the interested party, if the latter is a natural person. If a corporate body is involved, its legal form must be indicated, as well as the name and address of that body’s agent;

2. a statement of the categories of goods and services (10th edition, Nice Agreement);

3. in case a collective trademark or a shape mark is involved, an indication that a collective mark or a shape mark is concerned, and, with respect to the collective trademark, a copy of the regulations concerning the use and control of the trademark are also required to obtain a filing date. The regulations must always be written in Papiamentu, Dutch, English or Spanish;

4. the trademark and an indication that the trademark is a verbal mark, a figurative trademark, a semi-figurative trademark, a shape mark or any other type of trademark. If you wish to register a verbal mark, specify the trademark in the appropriate space, using block capitals. If you wish to register a figurative mark place an image of the trademark within the appropriate space:

a. the image must be sufficient quality to allow for electronic processing (scanning);

b. the image must be a photo (graphic) image of professional quality on matte paper with a rectangular or square format; and

c. the height and width of the image should not be larger than 8 cm and no smaller than 1.5 cm. Maximum printing format 8 x 8 cm.

5. an indication of the color or colors in words; where appropriate, accompanied by the corresponding color code;

6. when priority based on the Paris Convention is claimed, a certified copy of the basic application needs to be filed. Furthermore the country, date, number and holder of the filing on which this right of priority is based must be indicated;

7. a list of goods and/or services for which registration is desired, namely a description of the goods and/or services, with indication of the international class(es). The 10th edition of the Nice Classification applies in the BES islands;

8. an application may relate to goods or services of more than one class of the International Classification (Nice, 10th edition), provided that an additional class fee is due for each class over the third. Registration of a trademark for both goods and services may be applied for in one application;

9. payment of the required fees (and proof thereof in case the payment has been made by means of transfer or deposit), and

10. if the application is signed on behalf of a legal entity, the signatory’s authorization to sign such document shall be stated on the document.

Document required :

Power of Attorney Simply signed. Send via email scanned is sufficient.

Trademark Registration procedure :

Once the application have been deposited into the Registrar it will be entrusted to one of their examiner. He or she will examine whether all the formal requirements have been met.

The goods and services need to be according to the international Nice classification.

If your application meets all the requirements, your trademark will be registered.

This registration will then be published and you will receive proof of registration.

To maintain your exclusive rights to the trademark, you must use it, keep an eye out for unauthorised use by others, keep your registration data updated (if you modify your logo, you must submit a new application) and renew it on time. It falls entirely to you to take action against anyone infringing your trademark rights.

If your application fulfils all the legal requirements, the trademark office will registered your trademark. You will receive proof of registration, and the particulars of your registration will be appear in the register.

The filing date of the trademark becomes the registration date on the date that the trademark is registered.

As of the registration date, you have an exclusive right that you can invoke against others. In the event of a dispute with another party, the filing date is key to determining which trademark has precedence.

Use Requirements For Renewal :

It is not required to file proof of use upon renewal.

When To Apply :

The application for renewal can be filed as early as six months before the expiration date. After the renewal due date has expired, the trademark office grant a grace period during which a trademark can still be renewed. An extra fee for late filing will be charged. In BES-Islands, the grace period is six months.

Timeframe :

In the absence of complications during the renewal proceedings, it may take approximately from 2 to 4 months from the date of filing of the application until the certificate of renewal is issued.

Validity :

A registration remains valid for a 10-year period as from the date of filing for registration and can be renewed for consecutive 10-year periods. Renewal is a precondition for the continuation of rights conferred by the original registration.