PATENTS
About Patent Law in Suriname:
The Bureau for Intellectual Property of Suriname is in the making, to introduce the protection of patents, service marks, utility models and industrial designs, as soon as possible. Therefore, currently not they are not processing any patent applications until further notice.
TRADEMARKS
Trademark Law in Suriname
Legal basis of the present Suriname legislation on trademarks is based on a Royal Order from 1912 (Regulations on the Factory and Trade Marks in the Colonies and the Aid Office for Industrial property).
This Law had been modified by the decree C‐81 of August 31, 1984. The original Law refers to the Old Dutch Trademark Law (Merkenrecht) of 1893. The present Trademark law for Suriname is highly similar to the trademark statute that was in force in the Netherlands before the Benelux Trademark law was adopted in 1969.
Suriname is not a Member of the Madrid Agreement or Protocol.
Trademark protection is obtained by first use. However, filing for registration is likely to be considered as evidence of first use. First use can also be based on sales of or use of or providing of the goods in the local market, advertising of the goods in local or international media which are published or sold in Suriname or of which broadcasts can be received in Suriname. Proof of first use or intent to use is not required for registration of a mark. There is a new Trademark Law in the making, which will introduce the protection of patents, service marks, utility models and industrial designs.
Classification:
Please be informed that the current Surinamese legal system only allows the registration of trademarks in classes 01-34 of Nice classification, 9th edition.
Multi-class applications are possible; in other words, it is possible to file one trademark in different classes (extra government fee will be charged after the third class).
Service Marks:
The Suriname Trademark Law has no provision as yet for the filing of service marks. However, there is a special local good class designation for services.
Trademark Registration Procedure in Suriname:
The application is filed at the “Bureau Intellectuele Eigendom”
Multiple class applications are possible. Within 3 - 5 days after filing the Intellectual Property Office issues a application receipt.
The application process includes a formal examination an examination of distinctiveness and a search for prior trademarks.
Before registration the trademark is published in the “ Advertentieblad van de Republiek Suriname” (Gazette for advertisments in Suriname).
Timeframe:
From the date of filing, it will take approximately from 12 to 18 months to get the trademark registration. Due to a backlog situation of at the Bureau for Intellectual Property the timeframe vary greatly.
Required information/documentation for a trademark registration:
o A power of attorney, which needs to signed and provided with a company stamp/seal. If there is no stamp/seal the POA must be notarized.
o In case the registration regards a logo (device), 20 original (if applicable, colored) logos of a maximum of 5 x 5 cm.
o A list of goods divided into international classes
o A brief description of the goods/services.
Priority:
It is possible to claim priority, in which case, apart from the above mentioned documents, will be required a certified copy of the original application. Claiming priority is only possible within 6 months of the date of filing in the country of origin.
Trademark Duration:
The term of validity of a trademark registration in Suriname is 10 years; after 10 years the registration needs to be renewed. There is a grace period of 6 months to renew the registration. The renewal
is effective from the date of filing.