Updates

Explanation concerning the data in the Sint Maarten trademark register

During the start-up phase of BIP SXM, BOIP gathered all the relevant available data concerning trademark rights valid in Sint Maarten. An online register was created based on the official publications by the Bureau for Intellectual Property Curaçao (BIP CW) between January 2001 and October 2015.

Please note the following assumptions that were made and decisions that were taken.

Numbering

• At the time of the dismantling of the Netherlands Antilles (10/10/2010), the trademark registers for Curaçao and Sint Maarten were separated. BIP CW decided at that time to apply a different range of numbers for both of the registers. The numbers used for the Curaçao register continued after the highest number given to the trademark that was last registered for the Netherlands Antilles as a whole.
• For the trademarks valid in Sint Maarten a new range of numbers were created. BIP SXM will continue to use these new Sint Maarten numbers given by BIP CW to the trademarks valid in Sint Maarten.
  • Numbers in the range between 1-13582 are used for trademarks filed in the Netherlands Antilles between 01/01/2001 and 10/10/2010;
  • Numbers higher than 13582 are used for Sint Maarten applications filed after 10/10/2010. This range of numbers according to the publications by BIP CW ends at number 14913;
  • However, an exception was made for trademarks that were given a number with a letter as suffix. E.g.: In cases were trademarks were split (partial transfers), BIP CW gave the two resulting trademarks the same number and added a letter A for the part that was split from the original registration. The Sint Maarten trademark database cannot process numbers with suffixes. As a result, those trademarks that used to have a number with a suffix have been given a new number. The trademark owners involved or their representatives will be informed of the new number given to their registration. These numbers range between 14989 and 14999.
• Applications for Sint Maarten trademarks filed at BIP SXM under the new Sint Maarten legislation will be given a number in the range starting with registration number 15000.
• BIP SXM will not maintain a separate numbering system for an application, registration or renewal of a trademark.
• A table displaying the conversion from the numbers used for the registration under the Netherlands Antilles’ legislation into Sint Maarten trademark numbers, as well as changes made to Sint Maarten numbers with a suffix by BOIP, is available in PDF format.
• As mentioned, BIP SXM will use the Sint Maarten numbers as given to trademarks by BIP CW or BOIP. Numbers used between 01/01/2001 and 10/10/2010 are, as a service to the users, mentioned on the copies of the registrations. These numbers are not used by the Bureau anymore. Please do not use these numbers if you approach the Bureau with requests concerning a specific trademark, please use the Sint Maarten numbers.

Lists of goods and services

• BOIP has noticed that some trademarks were recorded without a specification of goods and services. In these cases, only class numbers were mentioned. These lists of goods and services will have to be specified, the goods and services the trademark is used for, needs to be mentioned explicitly. BOIP has decided not to fill in these lists at its own initiative, for example by inserting the Nice class heading, since the trademark owner is responsible for this list. In these cases, the class numbers mentioned have been recorded and the list mentioned per class: “To be specified”. BIP SXM would appreciate trademark owners or their representatives to approach the Bureau (via e-mail to: trademarks@bip.sx). Please mention as subject: “request for correction of data”) in order to specify the lists of goods and services. BIP SXM will ask for specification at the time of renewal of aforementioned trademarks.
• At the time of renewal, trademark owners or their representatives will also be asked to file a translation into English if a list of goods and services is in Dutch, Spanish or Papiamentu. Filing a translation is also possible before the renewal of the trademark. In the future the trademark register will be completely in English; the only language accepted for new applications with BIP SXM.
• In a number of trademarks, lists of goods and services were recorded consolidated: the goods and services were mentioned in one list following an enumeration of the class numbers they should be classified in. In these cases, BOIP decided to mention each class separately and inserted the complete consolidated list with each class. In these cases, BIP SXM will ask for specification of the goods and services per class at the time of renewal of the aforementioned trademarks. BIP SXM would appreciate trademark owners or their representatives to approach the Bureau with their request(s) for correction of data (via e-mail to: trademarks@bip.sx).

New data added to the register

The online register for Sint Maarten has been available since April 2015. As of October 2015 up to March 2016 the Bureau for Intellectual Property Sint Maarten (BIP SXM) has received new publications of the register as previously published by BIP CW. The latest update of the register available to BIP SXM contains all the data previously published by BIP CW for Sint Maarten.

Lapsed rights

BIP CW publishes the fact that trademarks are lapsed or renewed. All trademarks that were published as lapsed were not included in the online register. All trademarks published as renewed were included. If an owner of a trademark or a representative notice that a trademark was mistakenly not included in the register, they are invited to contact BIP SXM (via e-mail at: trademarks@bip.sx). Please mention as subject: “request for correction of data”) to resolve this matter.

Changes and renewals

BOIP has also processed all changes and renewals recorded for Sint Maarten and published by BIP CW in the publications of December 2014 through October 2016. BOIP has adjusted the Sint Maarten register and incorporated these changes and renewals. However, these are published as corrections of the initially recorded data since these renewals and changes were recorded by BIP CW before the entering into force of the Sint Maarten Trademark Ordinance.

Transition

When the Sint Maarten Trademark Ordinance entered into force, some files were still being treated by BIP CW. They had already been introduced at BIP CW before October 1, 2015 but had not yet been completed at that time. These files were completed through a joint effort of both organizations. BIP SXM/ BOIP have asked the representatives to complete the missing data and/or fulfil the missing actions and BIP CW has subsequently finalized the files. After that, BIP CW has informed BIP SXM of the latest changes to the register and handed over the completed files.

Since these requests were introduced before October 1, 2015, BIP SXM cannot publish them as changes or renewals. The recordal dates of these acts lie at a point in time before BIP SXM existed. They have therefore been recorded into the Sint Maarten register as corrections of the register.

Earlier rights

In 2001, when the Netherlands Antilles ‘Merkenlandsverordening 1995’ entered into force, trademark owners needed to reconfirm their rights during the first year. Owners could, with these reconfirming applications, indicate the existence of earlier rights with validity in the Netherlands Antilles under the old legislation.

At the time of registration of the reconfirming applications these earlier rights claimed, were not published. However, in the more recent years these dates of protection before 2001 were published with renewals either as “date of registration” or (later) “date of depot” under code 15 of the renewal.

BOIP has added these dates published under code 15. They will be mentioned with trademarks applied for in 2001 after the sentence: “Protected under the legislation applicable in the Netherlands Antilles before 2001 since: [dd month yyyy]”. Please note that BOIP only mentions the oldest date. If for example an earlier date of registration with an even earlier priority date was recorded, only the priority date is mentioned.

Please note that BOIP did not manage to retrieve all the dates of protection before 2001. If an owner of a trademark or a representative observes that an earlier right was overlooked, they are invited to contact BIP SXM (via e-mail at: trademarks@bip.sx). Please mention as subject: “request for correction of data”) to resolve this matter. BOIP will ask for further information at the time of renewal of trademarks applied for in 2001, especially in those cases were the lapse of the trademark doesn’t occur after a ten-year interval.

Incorrect Data

Given the method used to build up the Sint Maarten trademark register BIP SXM cannot guarantee that the initially recorded data is fully correct and that no trademarks were overlooked. Trademark owners or their representative who notice a mistake in the recorded data or a missing trademark are invited to contact BIP SXM (via e-mail at: trademarks@bip.sx). Please mention as subject: “request for correction of data”) to resolve this matter. We apologize for any incorrect data and look forward to receiving your feedback.