During the startup phase of BIP SXM, BOIP has been working on gathering all the relevant data concerning trademark rights valid in Sint Maarten. Based upon the official publications by the Curacao Bureau for Intellectual Property (BIP CW) between January 2001 and November 2014 (the latest official publication available at this time ( April 2015)) BOIP set up the register as it is now available online. Please note the following assumptions that were made and decision that were taken.
- At the time of the split up of the Netherlands Antilles (10/10/2010), the trademark registers for Curacao and Sint Maarten were separated. BIP CW decided at that time to apply a different range of numbers for both registers. The numbers used for the Curacao register continued after the highest number given to the trademark that was latest registered for the Netherlands Antilles as a whole. For the trademarks valid in Sint Maarten a new range of numbers was created. BIP SXM/ BOIP will continue to use these new Sint Maarten numbers given BIP CW to the trademarks valid in Sint Maarten. (For your information: Numbers in the range between 1-13582 are used for trademarks filed in the Netherlands Antilles between 01/01/2001 and 10/10/2010. Numbers higher than 13582 are used for Sint Maarten applications made after 10/10/2010. This range currently (April 2015) ends at number 14656.)
- Exception however is made for those trademarks that were given a number with a letter as suffix. E.g.: In cases were trademarks were split (partial transfers), BIP CW gave the two resulting trademarks the same number and added a letter A for the part that was split off the original registration. The Sint Maarten trademark database used by BOIP cannot process numbers with suffixes. As a result those trademark that used to have a number with a suffix have been given a new number by BIP SXM/ BOIP. The trademark owners involved or their representatives will be informed of the new number given to their registration. These numbers range between 14988 and 14999.
- Applications for Sint Maarten trademarks done at BIP SXM/ BOIP under the new Sint Maarten legislation will be given a number in the range starting with registration number 15001.
- BIP SXM/ BOIP will use a single number for trademarks. There is no separate numbering for application, registration and renewal of a trademark.
- A table displaying the conversion from the numbers used for the registration under the Netherlands Antilles’ legislation into Sint Maarten trademark numbers, as well as changes made to Sint Maarten numbers with a suffix by BOIP is available in PDF format.
- As mentioned, BIP SXM/ BOIP will use the Sint Maarten numbers as given to trademarks by BIP CW or BOIP. Numbers used between 01/01/2001 and 10/10/2010 are, as a service to the users, mentioned on the copies of registrations. These numbers are not used by the Bureau any more. Please do not use these numbers if you approach the Bureau with requests concerning a specific trademark, please use the Sint Maarten numbers.
Lists of goods and services
- BOIP has noticed that some trademarks were recorded without a specification of goods and services. In these cases only class numbers were mentioned. These lists of goods and services will have to be specified, the goods and services the trademark is used for, need to be mentioned explicitly. BOIP has decided not to fill in these lists at its own initiative, for example by inserting the Nice class heading, since the trademark owner is responsible for this list. In these cases the class numbers mentioned have been recorded and the list mentions per class: “To be specified”. BIP SXM/ BOIP would appreciate trademark owners or their representatives to approach the Bureau (by e mail to: email@example.com. Please mention as subject: “request for correction of data”) in order to specify the lists of goods and services in these cases at their own initiative. BIP SXM/ BOIP will ask for specification at the time of renewal of said trademarks.
- At the time of renewal, trademark owners or their representatives will also be asked to file a translation into English if a list of goods and services is in Dutch, Spanish or Papiamentu. Filing a translation in these cases can of course also be done before renewal. The trademark register will in the future be completely English, the only language accepted for new applications with BIP SXM/ BOIP.
- BOIP also noticed that in some trademarks lists of goods and services were recorded consolidated: the goods and services were mentioned in one list following an enumeration of the class numbers they should be classified in. In these cases BOIP decided to mention each class separately and inserted the complete consolidated list with each class. In these cases BIP SXM/ BOIP will ask for specification of the goods and services per class at the time of renewal of said trademarks but an initiative by the trademark owners (by e mail to: firstname.lastname@example.org. Please mention as subject: “request for correction of data”) or their representatives to clear out these lists before that time will be appreciated.
At time of go live of the online register, the officially published trademark data available in March 2015 (latest available publication 11/2014) was recorded in the Sint Maarten database. Sint Maarten trademarks that were filed but were not yet published in April 2015 are therefore not traceable in the online register. Of course these trademarks will be added as soon as the relevant data is available. BIP SXM/ BOIP will communicate the fact that new Sint Maarten trademarks registered by BIP CW were added on its website.
BIP CW publishes the fact that trademarks are lapsed or renewed. All trademarks that were published as lapsed were not included in the register, all trademarks published as renewed were. However, given the fact that all publications come by their nature after the fact they are about, BOIP has decided not to record those trademarks that were valid until 1 April 2014 or earlier and that were not yet published as having been renewed in April 2015. If an owner of a trademark or a representative notices that a trademark was mistakenly not included in the register, they are invited to contact BOIP (by e mail to: email@example.com. Please mention as subject: “request for correction of data”) to resolve this matter.
In 2001, when the Netherlands Antilles’ Merkenlandsverordening 1995 entered into force, trademark owners needed to reconfirm their rights during the first year. Owners could, with these reconfirming applications, indicate the existence of earlier rights with validity in the Netherlands Antilles under the old legislation and have done so.
At the time of registration of the reconfirming applications these earlier rights claimed were not published. However, in the more recent years these dates of protection before 2001 were published with renewals either as “date of registration” or (later) “date of depot” under code 15 of the renewal.
BOIP has added these dates published under code 15. They will be mentioned with trademarks applied for in 2001 after the sentence: “Protected under the legislation applicable in the Nederlandse Antillen before 2001 since: [dd month yyyy]”. Please note that BOIP only mentions the oldest date. If for example an earlier date of depot with an even earlier priority date was recorded, only the priority date is mentioned.
Please note that BOIP did not manage to retrieve all the dates of protection before 2001. If an owner of a trademark or a representative notices that an earlier right was overlooked, they are invited to contact BOIP (by e mail to: firstname.lastname@example.org. Please mention as subject: “request for correction of data”) to resolve this matter. BOIP will ask for further information at the time of renewal of trademarks applied for in 2001, especially in those cases were the lapse of the trademark doesn’t occur after a ten year interval.
Given the method to build up the Sint Maarten trademark register BOIP cannot guarantee that the initially recorded data are fully correct and that no trademarks were overlooked. Trademark owners or their representative who notice a mistake in the recorded data or a missing trademark are invited to contact BOIP (by e mail to: email@example.com. Please mention as subject: “request for correction of data”) to resolve this matter.