For most people, a mention of The Bahamas brings to mind sun, sand and tropical beverages. However, if you are an IP attorney, thoughts of sun, sand and cocktails may now be replaced by the Bahamian Intellectual Property Office’s (BIPO) recently enacted changes to their Trademark Act. BIPO’s changes to its IP laws were announced February 25, 2025, but were effective retroactively as of February 1st. The good news is that these changes bring Bahamian trademark law closer to those of international standards. The bad news is that, while applications are being accepted and accorded filing dates, it is not clear on when they will be processed or examined.
Some of the changes enacted are significant; namely, BIPO will now recognize the Nice Classification system and will accept service mark applications. Prior to February 1, 2025, trademark applications in The Bahamas were limited to goods. This made it difficult for brand owners in service industries to obtain trademark protection. The only option was to file an application for goods related to the relevant owner’s core services. Certainly, this was not an ideal workaround and left many brand owners without adequate protection. Adopting the Nice Classification system is a huge win for brand owners wishing to file service mark applications in The Bahamas, a jurisdiction highly dependent on services such as tourism and entertainment. The term for a registration will also change from 14 years to 10 years, putting The Bahamas trademark framework in line with the majority of countries worldwide.
Additionally, the new regulations will:
- Recognize a claim of priority under the Paris Convention.
- Expand protection to collective marks.
- Allow applications for color marks, three dimensional marks, sounds, scents, textures and moving images.
Despite the modernization of The Bahamas Trademark Act, a number of questions remain. For example, it is unclear whether BIPO will permit multi-class applications. If not, brand owners will face higher filing costs. It is also unclear as to when new applications will be examined. That said, while processing of your application may be delayed, it is still worth taking advantage of the new laws and getting your applications on file as soon as possible. Lastly, fee structures and regulations surrounding the new changes have not yet been finalized. This is something brand owners will need to consider as they may not be aware of total costs until after an application is filed. For now, applications can be filed using the forms and fees of the prior Act.
Brand owners, especially those engaged in service industries, should consult with their IP counsel to determine whether they would benefit from new filings under the BIPO’s updated trademark laws.
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