Trade Marks

This island comprises both French and Dutch territories.

The French portion (known as “St Martin”) is an “overseas collectivity” of France and, as such, will be automatically
covered by a French trade mark registration (see separate country page).

The Dutch portion (known as “St Maarten/Sint Maarten”) was formerly part of the Netherlands Antilles.

On 10 October 2010, the Netherlands Antilles were dissolved; St Maarten, along with the island of Curaçao,
became autonomous states within the Kingdom of the Netherlands, whilst the three smaller islands of Bonaire,
St Eustatius and Saba (the “BES Islands”, also known as the “Caribbean Netherlands”) became a direct part
of the Netherlands in the form of special municipalities. The status of Aruba (which separated from the
Netherlands Antilles in 1986) remains unchanged.

Under the provisions of Art.1 of the National Decree Transitional Provisions of Legislation & Administration,
with effect from 10 October 2010, the National Trademark Act, 1995 and the National Trademark Decree,
2000 of the Netherlands Antilles became the trade mark legislation of Curaçao (CW) and St Maarten (MN).

The Curaçao legislation now comprises: The Curaçao Trademark Act and The Curaçao Trademark Decree.
Existing Netherlands Antilles registrations have retained their registration numbers and have been
automatically converted to Curaçao registrations.

The St Maarten legislation now comprises: The St Maarten Trademark Act and The St Maarten Trademark
Decree. Existing Netherlands Antilles registrations have retained their registration numbers and have been
automatically converted to St Maarten registrations.

Contrary to earlier indications, it is not necessary to reconfirm existing Netherlands Antilles registrations in
these two islands. Those registrations will remain in effect until their next renewal, at which time renewal
applications will have to be filed in both Curaçao and St Maarten.

Basis for Registration:

Independent

International Arrangements:

Paris Convention, Madrid Protocol

Categories of Trade Marks:

There are provisions for the registration of SERVICE and COLLECTIVE MARKS.

There are no provisions for the registration of DEFENSIVE or SERIES MARKS.

Classification:

The International Classification of goods and services applies.

A single application may cover any number of classes of goods and/or services.

Documents required:

A. New Applications:

  • Priority document (if applicable) with verified English, Dutch or Spanish translation.
  • Five prints, except for word marks in ordinary type.

B. Renewals:

  • Five prints, except for word marks in ordinary type.

C. Assignments/Mergers:

  • Deed of Assignment, with verified English, Dutch or Spanish translation.

D. Change of Name:

  • Scanned copy of an Extract from the Commercial Register/Certificate of Change of Name, accompanied by a verified, English, Dutch or Spanish translation.

E. Change of Address:

  • No documnets required.

F. Licences/Registered Users:

  • Licence Agreement, with verified English, Dutch or Spanish translation.

 

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