Trademark legislation
The trademark law in Aruba is regulated by the National Ordinance on Trademarks (A.B. 1989 no. G.T. 46) ('Ordinance'). In addition Aruba is a party to the Paris Union Convention for the protection of industrial property.

The Ordinance was made necessary when in 1986 when Aruba acquired the status of a separate country within the Dutch Kingdom. In 1987 Aruba opened its own Bureau of Intellectual Property. The Aruba trademark law contains provisions for the registration and protection of both trademarks and service marks. The basis of the Ordinance is the trademark legislation of the Netherlands prior to the adoption of the Benelux trademark law.

First Usage of Trademark
The current legislation in Aruba gives the exclusive right to the use a trademark to the party who has made, and is able to prove first use of a mark in Aruba to distinguish his goods or services in a particular category of the international classifications.

The first usage can be based on the: import, (re) sale, use of the goods in the local market. In addition and based upon jurisprudence, the first usage can also be obtained by advertising of the goods or services in local or international media which is distributed Aruba.

Non usus
The law contains a non-usus provision pursuant to which an owner is only protected for a period of 3 years since his last use of the mark in Aruba or the Netherlands Antilles.

Registration of Trademarks
Registration of a trademark as such does not give the registrant the exclusive right to the use of the trademark. Pursuant to the Ordinance a registration of the trademark creates a presumption of first usage by the registering party. This presumption places the burden of proof of first usage of the trademark on those parties claiming to have the exclusive right to use the mark.

The presumption of first usage is one reason why it is advisable for the owner of a trademark to register his mark in Aruba. In addition, once a trademark has been registered, the Bureau of Intellectual Property will not register other marks, which are identical or so similar that it might create confusion in the mind of the public as to the origin of the goods or services in Aruba.

Procedure
The Bureau does not require evidence of first usage or intent to use for registration of a mark. The registration process is simple, efficient and takes approximately three weeks to complete.

The trademark agent on behalf of the trademark owner files the application. It should be noted that all trademark agents need to be approved by the Bureau. The trademark agent will require a power of attorney from the owner of the mark. In practice fax copies of executed power of attorney are acceptable to the Bureau. According to good business practice it is important for the trademark agent to have a duly executed original in its files. It is required for the power of attorney to be legalized or notarized.

When the application is filed with the Bureau, the Bureau will carry an independent investigation to see if there are any objections to the application. After this has been done and no objections are made by the Bureau, the trademark is registered and the corresponding certificate of registration is issued. The registration is valid for ten years.

All registered trademarks are published in the official publication of the Bureau, the 'Markaruba', which is available through the Bureau or your trademark agent.

Opposition and/or nullity actions
The current legislation permits an opposition action to be initiated within six months of the official publication of the trademark For a successful opposition action evidence would have to show first usage by the opposing party of the trademarks in Aruba or worldwide notoriety of the trademark.

After the six-month opposition period ahs expired cancellation is still possible provided the unlawful registration is substantiated with a judgment of the Aruba courts.

Requirements
Information and documentation required for filing a trademark application in Aruba.
A duly executed power of attorney approved by the applicant. Although notarization and/or legalization is recommended it is not mandatory. Standard forms are available upon request.

To register a design or device it is required for colored marks twenty (20) prints and for black and white marks fifteen (15) prints. Prints should measure approximately 3' x 3'. Colors should be specified.

The approximate time required for completion of the application procedure is one (1) month. The date of the registration is assigned as per the date of the application.

Convention priority can be claimed within six (6) months from the filing date. Registrations in other countries will not be validated in Aruba.

Registration in different classes of international classification is possible in order to obtain protection in a whole class of goods.

A registration is valid for ten (10) years.

A registration should be renewed: (i) six (6) months prior to the expiration of the period of protection; (ii) three (3) months after expiration. After the three month period a new application will have to be filed with the Bureau.

In the event of an assignment a copy of the deed of assignment, which includes the name and domicile of the assignor/assignee, will be required along with a new power of attorney.

In the event of a merger, change of name or address it will be required for the proper supporting documentation be provided along with a new power of attorney.

In the event of a license agreement entry we will require a power of attorney signed by licensee

In the event of a cancellation of a registration we will require a power of attorney signed by registrant.