The Bahamas Enacted Modernized Trademark Legislation

Release Time：2025-03-21 08:49Author：Views：327

Effective Date & Legislative Context

The Bahamas' Trade Marks Act 47 of 2024 officially came into force on 1 February 2025, following its initial publication in July 2024. This legislative overhaul aligns the nation’s trademark framework with global standards, including the Paris Convention and the TRIPS Agreement, ensuring greater compatibility with international intellectual property practices.

Key Reforms Under the New Act

1. Expanded Definition of Trademarks: The law now recognizes non-traditional signs such as colors, 3D shapes, holograms, motion marks, sounds, scents, tastes, and textures as registrable trademarks.

2. Adoption of Nice Classification: For the first time, service marks are eligible for registration under the internationally recognized Nice Classification system.

3. Revised Renewal Term: The renewal period for trademarks has been shortened from 14 years to a globally harmonized 10-year cycle.

4. Enhanced Legal Framework: The Act establishes a modernized system for trademark registration and enforcement, designed to meet contemporary commercial needs and strengthen protections for rights holders.

Transitional Arrangements

While the Act is now in effect, the accompanying Regulations—detailing procedural requirements, application forms, and fee structures—remain pending. During this interim period, the Bahamas Trademarks Registry continues to process applications and filings under the previous Act’s forms and fee schedules. Stakeholders are advised to monitor updates closely, as the finalized Regulations will provide critical operational guidance for compliance.

This landmark reform positions the Bahamas as a more competitive player in global intellectual property governance while offering businesses expanded tools to safeguard their brands.

Information source: www.lexology.com (If there is any infringement, please contact us.)

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