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When you are filling in the application form to register a trademark for Sint Maarten, you are requested to provide a list of goods and/or services.
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How do I monitor my trademark?

If your trademark is registered you can take action against infringements. Which means that you can take action against the use by third parties of an identical or similar trademark for the same or similar goods or services. In addition, if you have a well-known trademark and the reputation or distinctive character of your trademark is affected by third parties, you can also take action to prevent your trademark being used for entirely different goods or services. Even when your trademark is not used to distinguish goods or services you can take action.

Action against an infringement is usually linked to a deadline. If you do not take action against the use or registration of a younger registered trademark for more than five years, you will lose the right to take action.

In order to enforce your trademark effectively we advise you to keep a constant watch on, more recent potential infringing trademarks that are filed or used. You can monitor more recent applications by checking the trademark register. It is, of course, a good idea to carry out Internet searches from time to time to check whether your trademark is being used by anyone else.

You can also hire a trademark agent or specialized lawyer to monitor your trademarks. All kinds of practical and legal issues affect the monitoring and enforcement of trademark rights. You can do certain things yourself. However, you should not forget that trademark law is a specialist field, and a lot of companies do not have access to the necessary expertise. It may therefore be a good idea to leave the matter to an expert.

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Osprey Drive #4
Building 2, Unit 2A
Philipsburg, Sint Maarten
T +1721-543 35 00 
 

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