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Newsletters and Bulletins / December 1997 / Netherlands Antilles
 

Netherlands Antilles - New Trademark Law

A new Trademarks Ordinance is scheduled to go into effect on July 1, 1998. The principal changes effected under the new law are summarized below.

1) The exclusive right to a mark shall be acquired by registration.

2) The definition of a mark has been broadened to include designs, prints, seals, letters, figures, shapes of goods or of packaging and all other symbols capable of distinguishing the goods or services.

3) Service marks and collective marks may be registered.

4) Registrations are granted for a term of 10 years from the filing date of the application and may be renewed for further 10-year periods.

5) Registrations are subject to cancellation for unjustified non-use for any continuous period of 5 or more years.

6) License agreements must be recorded with the Trademark Office to be effective against third parties.

7) Trademark rights which were acquired prior to the date of the coming into effect of the new law and which have not lapsed shall be maintained.

8) It will be necessary to file a "confirmation" of rights acquired under the former law within one year after the coming into force of the new law, and failure to do so will result in the loss of such rights.
Editor's note: See the update on this discussion in our June 2000 Newsletter (N.S. 192).


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