Glossary

Applicant

The person or company who applies for a registration, i.e. files an application, or the person or company on behalf of whom the application for registration is made.

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Application phase

The period between applying for registration, i.e. filing an application, and the actual registration of the trademark or design, i.e. entry in the register. During this period, the application is still pending and official registration has not yet taken place. Consequently, the applicant does not yet have a registered trademark or design.

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Cancellation

Your trademark or design is struck from the register. This can happen as a result of:

1. Voluntary cancellation
An owner (holder) voluntarily withdraws his registration from the register. He might do so, for example, because he has stopped using the trademark or design. BIP SXM always requires the approval of the owner (holder) as well as of any licensee, pledgee, or judgment creditor before effecting voluntary cancellation.

2. Judicial cancellation
The court decides to strike a trademark or design from the register pursuant to a dispute. BIP SXM requires a copy of the relevant court ruling before entering a judicial cancellation in the register.

3. BIP SXM cancellation procedure (only for trademark registrations)
A person or company may ask BIP SXM to strike a trademark from the register by means of a cancellation procedure. More about the cancellation procedure

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Class

The category to which the goods and services listed in the trademark application are allocated. Goods, also referred to as products, and services are classified according to the international Nice Classification. Class is sometimes abbreviated to CL. More about classification

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Classification

The goods and services which the owner wishes to protect by trademark are first described, then categorized in specific classes of goods or services. This is based on the international Nice Classification. More about classification 

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Copy

A copy of a trademark application or trademark registration or, for example, of documentary evidence of modifications to your trademark registration in the register, such as a copy of the deed of assignment of a trademark.

There are two types of copy:

• a non-authenticated copy: not officially certified by BIP SXM; can be printed out free of charge
• an authenticated copy: officially certified by BIP SXM; can be ordered for a fee.

More about copies

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Date of priority

If the owner has applied for registration of the trademark or design in another country within the previous 6( six) months, he is granted a right of priority when applying for a new registration. That means that the date of the first application also applies to the new one.

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Defendant

In opposition procedure
Owner of a trademark applied for at a later date, against which an opposition (objection) has been filed.

In cancellation procedure
Owner of a trademark registration facing a cancellation procedure against his trademark.

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Design application

Entrepreneurs can file an application for design registration at BOIP. Each filing is assigned a number, this is the filing number.

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Design registration

BIP SXM currently does not offer Design registration.

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Earlier design

A design which was entitled to exclusive rights based on a Community design, a Benelux design or an international design prior to the filing date or the date of priority of your design application.

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Earlier trademark

This is a trademark for which another owner applied for registration prior to your application.

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Expiry date

The date on which the validity of a trademark or design registration ends. This date is stated at the top of the trademark or design summary in the Trademarks or Designs Register.

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Fee

Legal term for a fee charged by BIP SXM with respect to an application to register a trademark or design, the renewal or modification of a registration or the filing of an opposition. The amount of the duty is legally provided for in art 22 of the National Trademark Decree. As well as a basic fee (or basic duty), various surcharges may apply. More about fees

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Filing date

The date on which a trademark or design right is applied for and on which the application meets the statutory application requirements.

More about the application requirements for trademark registration

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Holder

The owner of a registered trademark or design. This is the person or company in whose name the registration is listed in the Trademarks Register. A registration may have several owners.

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IP professional

A legal expert in the field of Intellectual Property (IP), such as a trademark consultant, a lawyer or a representative. The IP professional can assist you with applying for, maintaining, monitoring and protecting your trademark or design registration. IP professionals do not work for BIP SXM, but rather for a legal consultancy or law firm. More about protection and maintenance

BIP SXM is an independent, official authority. BIP SXM staff members are therefore unable to advise on the protection of intellectual property. BIP SXM is 'only' allowed to provide information. You can however seek advice from an external IP professional. More about IP Professionals

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Madrid System

A system providing for the protection of international trademarks. An applicant can obtain trademark protection in various countries under a single application. More about international trademark applications

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More recent trademark

A trademark for which a subsequent applicant has filed a trademark registration. This applicant has, in other words, filed more recently than another party.

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Opponent

The owner (holder) or licensee of a trademark that was applied for or registered at an earlier date who files an opposition (objection) to a trademark applied for or registered later for the same or similar goods and services. BIP SXM does not offer opposition procedures. For (suspected) infringement please contact an IP Professional.

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Opposition

A simple and relatively inexpensive procedure to resolve a trademark dispute without resorting to the courts. The owner (holder) or licensee of an earlier trademark can file an objection to the registration of a more recent trademark. The later trademark application is identical to or closely resembles the earlier trademark and is for the same or similar goods or services. BIP SXM does not offer opposition procedures. For (suspected) infringement please contact an IP Professional.

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Pledge

Collateral security with which movable property can be encumbered. For example: a person establishes a pledge on an item of movable property (a car) in order to take out a loan. If the loan is not repaid, the ownership of the car transfers to the lender. A registered trademark or design is also movable property with a monetary value. It is therefore possible to establish a pledge on a trademark or design.

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Products and services

A trademark is always registered for specific goods (or products) and services. We refer to the description and categorization of the goods and services covered by a trademark registration as 'classification'. More about classification

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Publication

Publication of a trademark
If a trademark application meets the application requirements, BIP SXM publishes the trademark in the Trademarks Register. A trademark's publication date is important because it marks the beginning of the two-month period in which other owners of trademarks that were registered or applied for earlier can file an objection (opposition) to the trademark application. BIP SXM does not offer opposition procedures. For (suspected) infringement please contact an IP Professional

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Registrar

A registrar is a company that offers domain name services and has direct access to a domain name registration system. Examples of registrars include internet service, hosting and access providers, but also web design, branding and advertising agencies. The registrar is a company's first point of contact. 

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Renewal

Re-application for an existing trademark registration in order to renew it.

Trademark renewal
A trademark registration is valid for ten years from the filing date. The registration can be renewed for an unlimited number of ten-year periods. A registration lapses if not renewed after ten years. More about trademark renewal

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Representative

A legal professional who can assist you with applying for, maintaining, monitoring and protecting a trademark or design registration. The representative does not work for BIP SXM, but rather for a legal consultancy or law firm. More about protection and maintenance

BIP SXM is an independent, official authority. BIP SXM staff members are therefore unable to advise on the protection of intellectual property. BIP SXM is 'only' allowed to provide information. You can however seek advice from an external IP professional. More about IP Professionals

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Seizure

A court order under which the owner (holder) may no longer make free use of his goods. A registered trademark or design is movable property with a monetary value. It is therefore also possible for a trademark or design to be seized. If that happens, the owner (holder) is no longer allowed to make free use of it.

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Suspension

Postponement during or of legal proceedings. This may arise in various situations.

Automatic suspension in the event of an opposition
BIP SXM automatically suspends the opposition procedure in the following cases:

1. If the opposition is based on an application for trademark registration, an unregistered trademark
2. If an action for revocation or for a declaration of lapse has been instituted against a trademark
3. For the duration of the trademark refusal procedure
4. If BIP SXM considers this necessary. This may arise if proceedings relevant to the trademarks in question are pending before the court and may have an impact on the BIP SXM case in question.

Automatic suspension through a cancellation procedure
BIP SXM automatically suspends the cancellation procedure in the following cases:

1. If the claim is based on a trademark application;
2. If an action for invalidation or revocation is instituted against a trademark;
3. If BIP SXM considers this necessary. This may arise if proceedings relevant to the trademarks in question are pending before the court and may have an impact on the BIP SXM case in question.

Suspension of a cancellation
The applicant and defendant jointly request postponement of the period for submitting documents to support their arguments.

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Trademark

A sign that entrepreneurs use to differentiate their goods and services from those of their competitors. More about trademarks

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Trademark application

Entrepreneurs can apply for trademark registration at BIP SXM. Each trademark filing is assigned a number, this is the filing number.

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Trademark registration

BIP SXM registers a trademark in the Sint Maarten Trademarks Register if the application meets all of the requirements. Each trademark registration is assigned a number, this is the registration number. More about the registration procedure

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Transfer

Ownership of a trademark or design changes hands. A trademark or design can be fully or partially transferred. BIP SXM can note a full or partial transfer in the register as a paid service. 

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Well-known trademark

In the case of a well-known trademark, a trademark right is granted to the holder of rights that are so familiar to the public that they might be construed by them as being a trademark. In such cases, the owner generally does not have a valid application or registration number in Sint Maarten. Holders of well-known trademarks must present documentary evidence demonstrating that their trademark is 'well-known'.