Trademarks in the Bahamas

Competent Authority

• Office Name: Intellectual Properties Section of the Registrar General's Department.
• Working Language: English. All official proceedings, documents, and application filings must be in English.
• System Type: National system.

International Treaties

• Paris Convention: Member. Priority can be claimed within 6 months from the first foreign filing date.
• Madrid Protocol: Not a member. International registrations under the Madrid System cannot designate The Bahamas. Trademark protection must be obtained via a direct national application before the Registrar General's Department.

Applicant Eligibility & Representation

• Eligible Applicants: Natural persons and legal entities (both domestic and foreign).
• Local Representation / Agent Requirements:
• Foreign applicants without a principal place of business or residence in The Bahamas must be represented by a qualified local Bahamian representative or registered trademark agent with an address for service in The Bahamas.
• Power of Attorney (POA): Required (Form No. 1 / Authorisation of Agent). Under standard guidelines, a notarized Power of Attorney (or executed original) is submitted.
• Late Submission: The POA can be submitted post-filing within a statutory period granted by the Registrar upon formal request.

Online Application & Search Database

• Electronic Filing: Applications are filed physically or via electronic administrative portals maintained by the Registrar General's Department.
• Public Search Database: Pre-filing official registry searches (Búsquedas) are conducted directly through formal search requests submitted to the Intellectual Properties Section.

Registrable Mark Types

• Standard & Non-Traditional Marks: Word marks, figurative/logo designs, letters, numerals, 3D shapes/packaging, color combinations per se, sound marks, and service marks.
• Translation & Transliteration: Applications incorporating non-English words or non-Latin scripts require an accurate certified English translation and phonetic transliteration.

Classification System

• Classification Standard: Nice Classification system.
• Multi-Class Applications: Allowed under current trademark regulations.
• Class Headings: Class headings are accepted provided the scope of goods/services is clear; specific itemization matching Nice standard terms is recommended to prevent clarity objections.
• Class Fees: Per-class official fee structure applies.

Examination

• Examination Sequence: The Intellectual Properties Section conducts Formal Examination followed by Substantive Examination (absolute and relative grounds) prior to publication.
• Absolute Grounds: Examined for inherent distinctiveness, genericness, descriptiveness, deceptiveness, public order, and morality.
• Relative Grounds (Prior Rights): Examined ex officio for likelihood of confusion against prior registered marks or pending applications.
• Office Actions: Applicants are granted a statutory period to respond to official objections or examiner refusals.

Publication & Opposition

• Publication: Once the application clears examination, it is published in the official Gazette.
• Opposition Period: A statutory opposition period (typically 1 to 2 months from the publication date in the Gazette) is provided.
• Eligible Opponents: Any interested third party who considers that the published mark infringes their prior rights or violates statutory registrability provisions.

Timeframe & Acceleration

• Average Timeframe: A smooth, un-opposed trademark application typically takes 10 to 18 months from filing to registration certificate issuance.
• Expedited Examination: No official fast-track or expedited examination fee mechanism is provided; applications are processed strictly in order of filing.

Official Fees

(Official administrative fees payable to the Registrar General's Department in Bahamian Dollars - BSD; fixed exchange rate 1 BSD = 1 USD)

• Application Filing Fee (First Class): BSD $500.00 approx. (variable surcharges apply depending on logo size and multi-class scope).
• Additional Class Fee: Per-class official surcharge applies.
• Registration / Grant Fee: Included in basic filing/certificate processing fees.
• Renewal Fee (10 Years / First Class): Similar to base registration rates.
• Notice of Opposition Fee: Applicable per opposition action filed before the Registrar.

Source: Registrar General's Department Fee Schedule / Trade Marks Legislation.

Term of Protection & Renewal

• Protection Period: 10 years calculated from the registration date.
• Renewal Requirements: Renewable for consecutive 10-year terms indefinitely.
• Grace Period: A 6-month grace period is provided following expiration to file for late renewal upon payment of a late fee surcharge.

Use Requirements & First-to-File vs. First-to-Use

• First-to-File vs. First-to-Use: The Bahamas operates primarily on a First-to-File basis, influenced by English common law principles regarding prior unregistered rights and goodwill.
• Declaration of Use: Applications require an affirmation of actual use or a bona fide intention to use the mark in The Bahamas.
• Non-Use Cancellation: A registered trademark becomes vulnerable to non-use cancellation (cancellation for non-use) by an interested party if it has not been genuinely used in trade within The Bahamas for a continuous period of 5 years following registration, without valid reasons for non-use.

Post-Registration Transactions

• Assignments & Transfers: Assignments must be recorded with the Registrar General's Department to produce legal effect against third parties. A notarized Deed of Assignment and POA are required.
• Licensing: Trademark license agreements should be officially recorded with the Registrar to produce legal effect against third parties.
• Changes of Name/Address: Official recording with the Registrar is required to maintain clear ownership records and title.

Enforcement & Legal Remedies

• Tribunals & Courts:
• Registrar General's Department (Intellectual Properties Section): Administrative authority managing oppositions, cancellations, and recordals.
• Supreme Court of The Bahamas: Exercises jurisdiction over judicial trademark infringement suits, passing off actions under common law, permanent injunctions, and appeals from decisions of the Registrar General.
• Well-Known Marks: Protected under Article 6bis of the Paris Convention and national trade mark legislation.
• Customs Enforcement: Brand owners can coordinate with the Customs Department of The Bahamas to inspect and seize suspected counterfeit imports at ports of entry.

Country-Specific Risks & Practical Notes

• Madrid Protocol Non-Membership: The Bahamas is not a Contracting Party to the Madrid Protocol. All designations must proceed as direct national applications.
• Modernized Statutory Framework: Under current trademark legislation, protection terms follow the international standard 10-year cycle (calculated from registration).
• Service Marks Inclusion: Service marks are fully registrable alongside goods classes under Nice Classification standards.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.