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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 8 months, if no objections or oppositions arise.
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If I register my trademark in Bahamas, do I have protection in other territories?
No. The trademark is protected only within the Commonwealth of the Bahamas.
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Do I need to sign a Power of Attorney?
The applicant must submit a notarized Power of Attorney.
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Are there any benefits from a pre-filing use of the trademark?
Yes. It can be used to demonstrate the distinctive qualities of the mark. Opposition based on non-distinctiveness can be overcome, too.
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Will there be problems in case I don’t use my trademark after registration?
Yes. Unused trademarks can be attacked by interested parties on the ground of non-use.
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What are the types of trademark that can be registered in Bahamas?
The following signs or marks are registrable:
- Word
- Name
- Slogan
- Trade dress or get-up
- Three-dimensional shape
- Collective marks
- Well-known marks
- Certification marks
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What are the phases of application after a trademark has been filed in Bahamas?
The application process goes through 3 phases in particular order: examination, publication and registration. The application is first examined if it is compliant with all requirements. Next, its details will be made accessible to the public through publication. Once all requirements are fulfilled and oppositions are successfully overcome, the registration is finally granted.
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What type of trademark is not registrable?
The following marks are prohibited for registration:
- Generic words
- Marks that lack distinctiveness
- Names of geographic location
- Surnames
- Marks that violate moral principles or public order
- Name, symbol or flag of a nation, region or state and international organization
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Does Bahamas use the "Nice Classification" system?
No. Bahamas has its own classification system. Nice Classification is not effective in this jurisdiction.
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Does the Community Trademark apply for Bahamas?
No. The Community Trademark is not effective in Bahamas.
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Is there any possibility to claim priority in Bahamas?
Yes. Priority can be claimed if:
- The applicant’s home country is a party to the Paris Convention
- The home application date is within 6 months prior to application in Bahamas
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What do I need to do to satisfy the use requirement?
The trademark must be used within a period of 5 years from the date when the application was filed. Use must be commercial and must take place within the jurisdiction of Bahamas.
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Once my trademark has been registered, for how many years will be valid?
The registered trademark is initially valid for 14 years calculated from the date of application.
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What will be the renewal date of my trademark?
The first renewal will take place 14 years from the date the application was filed.
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Is it legal to use my trademark even if it is not yet registered?
Yes. It is legal to use a mark for goods/services even if it is still unregistered.