Registering a trademark in Aruba involves conducting a preliminary search, filing an application, undergoing an examination by the BIP, and enduring a publication and potential opposition period. If successful, the registration of your trademark grants you exclusive rights to use it in Aruba for 10 years, with the ability to renew indefinitely. By following this guide and leveraging the resources provided, you can take the necessary steps to secure your brand in Aruba. Remember to adhere to the outlined requirements and guidelines to ensure a smooth registration process.
Step 1: Preliminary
Search The first step in the process is to perform a preliminary search to ensure that your proposed trademark is unique and not similar to an existing one. The Aruba Bureau of Intellectual Property (BIP) does not provide an online search database, so you will need to contact the BIP directly or hire a local attorney to conduct this search for you.
Step 2: Application
If your preliminary search does not reveal any conflicting trademarks, you can then proceed to file your trademark application with the BIP. Your application should include a clear representation of your proposed trademark, along with a detailed list of the goods or services that it will cover.
Step 3: Examination by BIP
Upon receipt of your application, the BIP will conduct an examination to ensure it meets the requirements under Aruba's trademark law. They will also verify that your proposed trademark does not infringe upon any pre-existing trademarks.
Step 4: Publication
Once the examination phase is complete and your application has been approved, the BIP will publish your proposed trademark in the Official Gazette. This allows third parties a 2-month window to file any oppositions to your trademark registration.
Step 5: Registration
Should there be no opposition or if any opposition is resolved in your favor, the BIP will proceed with the registration of your trademark. You will then receive a certificate of registration, signaling the successful completion of your trademark registration process.
The official filing fee for a trademark application in Aruba is approximately AWG 375 (as of 2023). Should your application be successful, an additional fee is required for the issuance of the registration certificate. Note that these fees are subject to change, and it is recommended to verify the latest fees on the BIP website or by directly contacting the BIP.
The entire process, from application to registration, usually takes between 6 to 12 months, assuming that there are no objections or oppositions.
Bureau of Intellectual Property (BIP): http://www.bip.aw