Intellectual Property Practice Group
The Intellectual Property Practice Group of Gomez & Bikker law offices, handles a wide array of intellectual property matters involving trademark registration, trademark assignments, searches, changes of names and addresses, monitoring, enforcement, infringement, copyright infringement, patent infringement; unfair competition, false advertising, infringement of the rights of publicity and Internet domain name disputes in Aruba, Curacao, Sint Maarten and the BES-islands.
In addition, we are able to handle intellectual property litigation and trademark and copyright registration matters throughout the world directly, through professionals in other jurisdictions, through our TerraLex www.terralex.org affiliates or other professional contracts.
Our lawyers are regularly engaged in trademark, trade dress, and copyright enforcement actions. However, they appreciate that the best resolution to any disagreement is to prevent it. They work closely with corporate executives to make sure a company’s trademarks, copyrights and other intellectual property rights are properly registered and protected.
With presence in Aruba, Curacao, Sint Maarten and the BES-islands, Gomez & Bikker’s main objective is to continue its tradition of service and quality to the clients and to pursue the regional and international challenges of the 21st century.
Intellectual Property Developments in the Dutch Kingdom
As a result of the constitutional restructuring the Dutch Kingdom, now consists of four geographical jurisdictions, i.e. Aruba, Curacao, Sint Maarten and the Netherlands as per October of 2010. Each State has its own independent intellectual property legislation and intellectual property office (“IPO”) i.e.:
The IPO office of Curacao and Sint Maarten will not require trademark owners to file a confirmative application.
The Intellectual Property Office for the Caribbean Netherlands requires a confirmative application. The effect of the confirmative application in the BES is that the former Netherlands Antilles registration once confirmed by the trademark owner will be maintained for the original term of the Netherlands Antilles registration. There is a nominal confirmation fee associated with the confirmative application.
Effect of the BES-registration
Registration in the Caribbean Dutch register at the Benelux Office for Intellectual Property (BOIP) is always automatically valid for the three islands: Bonaire, St. Eustatius and Saba. A Caribbean Dutch registration will allow you to take action against the use or registration of your trademark or a confusingly similar sign within this group of islands. You can take action not only against subsequent Caribbean Dutch trademarks, but also against all trademarks valid in the Caribbean Netherlands, i.e. including International trademarks that are valid in the Caribbean Netherlands.
Actions required by trademark owners?
No additional action is required from trademark owners in Aruba
No additional action is required from trademark owners in Curacao
No additional action is required from trademark owners in Sint Maarten
As from 10 October 2010 the BOIP will implement the Trademarks Act for Bonaire, St. Eustatius and Saba under the authority of the Department of the Caribbean Netherlands. The Netherlands is the first Benelux country to assign the BOIP a supplementary task in legislation concerning intellectual property. Confirmative applications for the Caribbean Netherlands can be submitted until 10 October 2011.