Registration of Trademarks and Service marks
1987 the Bureau of Intellectual Property of Aruba officially started with
the registration of trademarks and service marks in Aruba. Before this date
registrations for protection of marks in Aruba had to be made through the
Bureau of Intellectual Property of the Netherlands Antilles established in Curaçao, the Netherlands Antilles.
two types of marks: trademarks and service marks. A trademark distinguishes
the source of goods and a service mark the source of services. This means
that a trade or service mark distinguishes the goods and services of an
individual or an enterprise from those of others.
logos, slogans, mottos, names, letters, numbers, symbols, emblems, shapes,
designs, features of packaging, color combinations, animations, figurative
elements or combinations of those signs and also sounds may be used as trade
or service marks.
elements comprise e.g. designs, pictures, drawings of landscapes, animals,
people, things, ornaments, shapes, houses, stars, fictitious beings,
geometrical figures and solids: whether real or abstract representations.
although usually 2-dimensional, may also be 3-dimensional. E.g. forms of
containers, holders or packages or the shape of the goods themselves can be
used as trademarks.
to the Aruba Trademark Act, the right of exclusive use of a mark, pertains
to the one, who has made first use of said mark in Aruba. The right of
exclusive use extends solely to those products or services, for which said
mark is being used, or had been used on a date not prior the last three
trademark owner who requests registration of a mark first is also
considered the first user of the mark and has exclusive right of use, but
solely in the classes the mark is registered, but for non-use during a
period of more than 3 years since its last use.
registration of a mark entitles the owner or title bearer to gain royalties
from the exclusive right of use of the mark. The trade or service mark owner
may transfer all or part of his trademark rights to anyone by an assignment
or marks can also be licensed exclusively or non-exclusively to third
parties in exchange for royalties.
mark is registered, it can not be used without the owner’s authorization.
Trademark rights can be enforced in court against third party infringers who
use the mark without permission of the owner or title bearer.
or service mark registered in Aruba will only protect the owner or title
bearer against others from using his mark within Aruba and its territorial
waters but not outside Aruba.
applying for registration of a mark in Aruba, protection can be sought in
other countries by filing applications in selected countries.
mark protection will prevent others from profiting from a mark in other
countries. Many countries will allow to claim priority from an Aruban
application for a mark provided the application is filed within six months
of the original filing date in Aruba.
effective protection a mark must be officially registered. If a trademark is
protected, then no person or enterprise than its owner may use it or any
trademark similar to it that its use would lead to confusion in the minds of
the public. At least not on or in connection with goods or services
regarding which confusion may arise.
registration of a mark in Aruba the applicant has to file a request in
triplicate at the Bureau. The trade or service mark has to be apt for the
distinguishing of the goods or services from those of others.
See Trademark Restrictions.
Registration gives exclusive right of use in the registered
Exclusive rights of use of a mark is obtained through first use and
registration is considered first use.
duration of registration is limited to 10 years and renewable for
indeterminate periods of 10 years.
applicant is established outside Aruba, he must choose domicile in Aruba at
the office of a recognized trademark agent.
Registration is the most solid basis for constituting the grant of exclusive
rights. At the moment exclusive trademark rights can be acquired through
first use but sometimes it is very difficult to proof when first use took
place and no sources are available to investigate newness of intended trade
or service marks.
first use does not always offer sufficient guarantee to those wanting to
make the effort and sometimes very costly investments to launch new products
or services in the market and then discover an identical or a resembling
trade or service mark is already in use.
For said reason the Bureau is drawing up a new Trademark Act, which shall
grant acquisition of exclusive rights in a mark through registration only
(first to file).
our FAQ section for further details of the
procedure for registration of trade and service marks and
also other related topics.