Newsletters and Bulletins / February 2002 / Netherlands Antilles |
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Netherlands Antilles - New Trademark Law We have been advised that a new Trademark Law has finally been enacted in the Netherlands Antilles. The anticipated new law (see our June 2000 Newsletter) went into force on January 1, 2001. Our sources indicate that the following important changes were introduced under the new law:
(1) the definition of what constitutes a trademark has been expanded to include all signs capable of distinguishing goods or services of a company or person, including colors, sounds and certain shapes; (2) provision for the registration of service marks and collective marks has been introduced; (3) registrations are subject to cancellation for unjustified non-use for any continuous period of 5 years, and token or pro-forma use will not be considered, since use has to be bona fide commercial use; (4) rights in a trademark will no longer arise from use, but rather from registration, (5) registrations will be granted for a period of 10 years and are renewable for additional 10-year terms. |
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