– Decree of December 16, 1988 (Intellectual Property Decree of Aruba).
– Decree of August 14, 1989, by which the Trademark Ordinance (of Aruba) was adopted.

– Paris Convention for the Protection of Industrial Property, in effect as of August 5, 1948.
– Madrid Agreement, in effect as of September 8, 1986, Stockholm Act, as of November 8, 1986.
– Nice Agreement, in effect as of November 8, 1986.
– Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille).
– Convention Establishing the World Intellectual Property Organization (WIPO).

Applicant: the person or legal entity requesting the registration of the trademark. In absence of proof to the contrary, the applicant is assumed to be the first user of the trademark. 

Foreigners: must choose domicile within Aruba. 

Service marks: are accepted.

Not registrable: words or representations that are contrary to good morals/public order or might mislead the public, coats of arms, unless with official consent; names or emblems of international organizations.

Colors: can be registered.

Priority: according to the Paris Convention, priority may be claimed within six months of the filing date in a Convention country.

Classification: only reference to the International Classification is accepted. No specification of goods on the certificate of registration. 

Multi-class applications: possible. 

Territory covered: the territory of Aruba and its territorial waters.

Filing requirements for an application:
1. An application form completely filled in (in threefold);
2. 5 color reproductions of the trademark (max. size 8 x 8 cm in jpeg format); description of the color(s) if desired;
3. Classification of the goods or services;
4. Description of the goods or services. The trademark in its entirety should be suitable to distinguish the goods and or services it is intended for;
5. Full name and address of the owner;
6. Power of attorney of the applicant to the authorized representative established in Aruba, registered with the Bureau for Intellectual Property of Aruba (notarization or legalization is not required);
7. If applicable, priority document; a certified copy of home registration with certified translation into Dutch, if not in English or Spanish.

Examination: formality of the documents, registrability of the mark, existence of prior registrations or applications or marks known in Aruba.

Appeal: may be filed at the Court of First Instance in Aruba within two months after notification that the application has been rejected and at the Joint Court of Appeal of the Netherlands Antilles and Aruba within one month from the date of the decision of the Court of First Instance. 

Opposition: no provision. Possibility to obtain cancellation of a registered trademark through regular proceedings on the merits before the Court of First Instance. These proceedings may be initiated within six months after the infringing trademark was published (summary proceedings) but can also be initiated after that period (regular proceedings).

Effect of registration: there is a presumption of exclusive rights to use of the mark. The first user of a trademark has the exclusive rights to use the trademark. The applicant is considered to be the first user. 

Use: compulsory; non-use for a period of more than three years may be claimed as defense by an infringer. Use by a licensee is deemed use by the proprietor.

Marking: no provision. 

Duration: ten years.

Renewal: for periods of ten years. Application for renewal must be filed at the latest three months after expiration (grace period).

Required documents for renewal: reference is made to point 3 under filing requirements above, and points 1, 5 and 6. If a color mark, a reproduction of the mark is required. 

Assignment: possible, must be recorded. 

License: registration is not compulsory, but advisable to derive rights from.

Change of name and address of applicant must be recorded. 

Publication: by the Bureau for Industrial Property: “MarcAruba”, a monthly edition which contains all registrations, renewals, and recordal of changes.