Bahamas Trade Marks Act implemented

The Bahamas Trade Marks Act, 2024 came into force on 1 February 2025.

Some of the key changes were outlined in our earlier update: Trade marks practice updates in the Bahamas. These include the introduction of protection for service marks for the first time as well as the introduction of the current version of the Nice classification, among others.

Accompanying rules have not yet been published and it is currently unclear as to whether there will be any changes to the official fees. However, we understand that new applications are still being accepted, although it is unlikely that they will progress through examination until accompanying regulations are published.

Meanwhile, all subsidiary legislation made under the repealed Trade Marks Act continues to be in force where it does not conflict with the new legislation until revoked. Given the many updates introduced by the new legislation, this will need to be navigated carefully. Guidance from the Bahamas Intellectual Property Office has not yet been issued, but this is keenly awaited.

Further updates will be provided in due course, but do reach out to our Intellectual Property partner, Sophie Peat, with any questions in the meantime.

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

Regulatory information can be found under Legal Notice