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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
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If I register my trademark in Aruba, do I have protection in other territories?
The trademark is protected within the country of Aruba and its territorial waters.
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Do I need to sign a Power of Attorney?
The applicant must sign a Power of Attorney to complete the registration process.
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Are there any benefits from a pre-filing use of the trademark?
There are no benefits from pre-filing use of a mark.
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Will there be problems in case I don’t use my trademark after registration?
No. A registered mark cannot be attacked based on non-use.
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What are the types of trademark that can be registered in Aruba?
The following marks or signs are acceptable for registration:
- Words
- Slogans
- Names
- Colours
- Three-dimensional shapes
- Devices
- Sounds
- Mottos
- Notorious marks
- Service marks
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What are the phases of application after a trademark has been filed in Aruba?
Applicants for trademark registration go through 3 major phases namely examination, registration and publication. The applicant must fulfil all requirements to be accepted for registration. Details about the application will also be made available through publication.
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What type of trademark is not registrable?
The following marks are not acceptable for registration:
- Generic terms
- Marks that contradict public order or moral standards
- Non-distinctive marks
- Name, symbol or flag of a state, nation or region including international organizations
- Surnames
- Name of geographic location
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Does Aruba use the "Nice Classification" system?
Yes. The Nice Classification system is effective in Aruba.
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Does the Community Trademark apply for Aruba?
No. Aruba does not recognize the Community Trademark.
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Is there any possibility to claim priority in Aruba?
Yes. Applicants may claim priority if they satisfy these requirements:
- Their home country is a Paris Convention signatory
- Date of home application is within 6 months prior to application in Aruba
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What do I need to do to satisfy the use requirement?
A registered mark in Aruba is valid for ten years whether it is in use or not.
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Once my trademark has been registered, for how many years will be valid?
The trademark is initially valid for 10 years.
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What will be the renewal date of my trademark?
The first renewal should take place 10 years from the date when the application was filed.
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Is it legal to use my trademark even if it is not yet registered?
It is legal to use an unregistered mark for goods and services.