SINT MAARTEN

Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.

trade mark information

Types of Trade Mark

Classification

International classification, Nice Classification;
Multi-class;
Goods and services may be registered.

International Arrangements

Convention priority may be claimed.

Renewal

10 years from the filing date and every 10 years thereafter.

Use Provisions

Non-use of a mark for a period of 3 years from registration renders it open to an action for cancellation by third parties.

Patent information

A constitutional reform involving St Maarten took effect on 10 October 2010 - on the day before the reform, the Kingdom of the Netherlands consisted of three essentially autonomous countries: the Netherlands (the European dominion of the Kingdom), the Netherlands Antilles, and Aruba. The Netherlands Antilles in turn consisted of five islands: Curaçao, St Maarten, Bonaire, St Eustatius and Saba.  On 10 October 2010, the Netherlands Antilles were dissolved: the islands of Curaçao and St Maarten became separate countries within the Kingdom, whereas the so-called BES-islands Bonaire, St Eustatius and Saba were incorporated in the Netherlands as extraordinary municipalities.  The BES islands were subsequently renamed the Caribbean Netherlands.

Patent protection obtained in the Netherlands covers the islands of the Caribbean Netherlands, as well as Curaçao and St Maarten.

design information

There is currently no means of registering designs in St Maarten.

latest Lysaght articles

Featured
Revisions to Directive on the legal protection of EU Designs
Revisions to Directive on the legal protection of EU Designs

Following the entry into force of a new Directive and an Amending Regulation of the European Parliament and the Council on 8 December 2024, changes to the law providing for the protection of designs in the European Union (EU) will be introduced in phases on 1 May 2025 and on 1 July 2026. The changes which will be introduced aim to make it easier and cheaper to register designs at the EU level and to harmonise procedures between the European and national systems.

We discuss the most important changes which will come into force in the first phase on 1 May 2025.

Lysaght Strengthens Leadership Team with Three New Directors
Lysaght Strengthens Leadership Team with Three New Directors

Lysaght, a leading intellectual property law firm with a history spanning nearly 80 years, has announced the promotion of three senior team members - Richard Stilwell, Tim Noel, and Caroline Johnstone - to Director positions, effective 1st April 2025.

Bermuda: Continued delays to enforcement of new Trade Mark Act
Bermuda: Continued delays to enforcement of new Trade Mark Act

We previously reported that the enforcement date for the new Trade Mark Act had been delayed until 01 April 2025. 

We have now received notification from the Intellectual Property Office that the enforcement date of this new law has been further delayed until May or beyond. 

At this time, we cannot confirm with any certainty when the new law will be enforced. Until the new law comes into force, the old legislation is still in effect.  

We are closely monitoring the situation and will provide updates once they become available.

Bangladesh - New Patent Act now in force
Bangladesh - New Patent Act now in force

The Government of Bangladesh has officially announced in its latest gazette that the Bangladesh Patent Act 2023 came into force from 27 February 2025. The new Act marks a significant modernisation of the country’s legal provisions for patent protection.

Whilst the new Act has so far only been published in the local (Bengali) language, we have ascertained some salient points of the new law, and these are discussed in our article.