Protection outside Sint Maarten is also a possibility, and is advisable if you plan to sell your products and services outside Sint Maarten. There are various options available for protection outside Sint Maarten, which all have their own advantages and disadvantages. Which particular system you choose will depend on numerous factors, and effective protection relies on choosing the system that is most suited to your specific situation. As a rule of thumb, the protection should match the market in which you operate: it should neither overall be too limited nor too extensive. It is important to protect your trademark where you are using it and where protection is therefore necessary. Protection in a larger area can entail unnecessary risks, and can even cause you to lose your rights.
Choosing a protection system is therefore an important step in the process. We advise you to research the different systems thoroughly.
One of the primary system for international trademark protect is through the World Intellectual Property Organization (WIPO).
EU trademark registration
EU trademark
Protection under an EU trademark is limited to the 27 member states. To apply for an EU trademark, an individual is required to submit their application online through the EUIPO website.
The EU offers a four-tier system for trademark registration. The optimal system differs based on the trademark holder demands.
The four-tier system, consist of the following:
- National level – The registration of a trademark at the national level requires filing an application directly with the relevant intellectual property offices in the European Union (EU).
- Regional level - At the regional level, the process of registering a trademark pertains solely to the jurisdiction of Belgium, the Netherlands, and/or Luxembourg, and is facilitated through the Benelux Office for Intellectual Property (BOIP).
- EU-wide level - The registration of a trademark at the EU level requires submitting a single application to all EU member states.
International level - The registration of a trademark on an international level is associated with trademark applications that are submitted through the Madrid System (WIPO) with a specification for one or more of the countries that are members of the Madrid Protocol.
Benelux trademark
Benelux trademark
Registering a trademark with the Benelux Office for Intellectual Property (BOIP) provides trademark protection for the entire Benelux country at once. This is a joint agreement between Belgium, the Netherlands and Luxembourg in the Benelux Convention on Intellectual Property (BCIP). Although a Benelux trademark provides protection for three countries, it is still referred to as a national trademark.
It is not possible to register a trademark only in the Netherlands or Belgium or Luxembourg. A Benelux trademark registration is useful for entrepreneurs who are largely active in the Benelux countries. An EU trademark can be an attractive option if you are or plan to be active in countries outside the Benelux.