Trademarks

– Industrial Property Regulation on Trade Marks of August 29, 1912, amended in 1946 and 1984; SB 2001 No. 65.

Membership in International Conventions

– Paris Convention for the Protection of industrial Property (1883), Stockholm Act of July 14, 1967, since November 25, 1975.
– Convention Establishing the World Intellectual Property Organization (WIPO), since November 25, 1975.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since November 25, 1975.
– Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (1957), Geneva 1977, since December 16, 1981.
– WTO’s TRIPS Agreement, since January 1, 1995.

Filing

Applicant: the first user of a mark, which distinguishes the products of the industry or trade of one person from those of others. He can be a manufacturer, a trading agent, a person, a firm or an authority having a business.

Foreigners and nationals not living in the country: no special provisions.

Trademark of foreigners: no special provisions.

Novelty: not necessary; the first user establishes the rights to the trademark; the registration itself has only a declaratory effect.

Excluded from registration: trademarks offending good morals or public order; the arms or seal, even slightly modified, of a governmental department; name or insignia of the “Red Cross”, called also the “Geneva Cross” or any imitation thereof.

Service marks: not registrable.

Colors: may be claimed for labels.

Collective owners: only possible if the applicants are joint ventures of the business connected to the trademarks.

Priority: date of first use; if no prior use, date of filing.

Classification of goods: Nice International Classification. 

Multi-class applications: possible. 

Territory covered: Suriname.

Filing requirements for an application (to be sent to resident agent):
For registrations/renewals:

1. 1 application form in duplicate (drawn up by the agent);
2. A power of attorney form, signed and legalized by the applicant or provided with a corporate seal (legalization by a Consulate of Suriname or by Apostille or by Notary Public also valid);
3. List of goods (in Dutch) for which the mark should be protected;
4. 15 prints in case of a device mark (required size: ± 4 cm).

For assignments: besides the above-mentioned requirements, also an assignment document (e.g. Deed of Conveyance), which need to be legalized.

For change of name/address: besides the above-mentioned requirements, also a certified copy from the Commercial Register.

Examination

An examination is made in order to ascertain whether the same or a similar mark has already been registered to another and as to whether the mark is registrable.

Objections of the Registrar: are notified by official letters.

Amendments: no special provisions.

Disputes about ownership: must be settled before a court.

Secrecy: details on pending applications are not disclosed, but the list of registered trademarks is publicly available.

Urgent examination and registration: no provision.

Provisional registration: not possible.

Opposition: possible before registration. 

Disclaimers: not available. 

Letters of consent: possible.

Protection

Delivery of registration certificate and publication: normally one month after filing.

Protection period: ten years from filing date.

Renewal: possible at the end of the protection period.

Rights of the owner: he is solely entitled to use the mark.

Assignment: possible, if the business connected to the trademark is also assigned. A legalized assignment document is necessary for filing.

Licenses: no provision.

Use: compulsory. Without use for three consecutive years, the mark will be considered abandoned by the owner. Use, at least once every three years is advisable to prevent an infringer from setting up non-use as a ground of his defense.

Marking of registered goods: not compulsory.

Text of marking: “Wettiggedeponeerd” (means registered trademark).

Modification of registration: not possible; new application necessary.

Infringement and penalties: penal and civil actions can be brought against the infringer.

Modification of Protection after Registration

Opposition against a registered trademark: only possible by cancellation procedures before a court.

Nullification: ex officio cancellation is possible if the registration violates the existing provisions (refer to: 3. “Filing“).

Compulsory licenses: no provision.

Expropriation: no provision.

Validation of invalidated mark: no provision.

Registration of invalidated mark: no provision.