Nice classification

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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What are the steps in the procedure?

When your application has been received, BIP SXM makes a note of the date and time of receipt, of which you will receive confirmation. The data you have stated on the form is then entered into our system.

First of all, a check will be carried out to see whether your application complies with the minimal requirements:

  • Is the trademark clearly represented?
  • Is there a reference to the name of the applicant (person or company)?
  • Are the goods and services clearly described?
  • In the event of a collective trademark, have regulations for use and control been included?
  • Is the payment of the required fees received?

These are the minimum requirements that have to be fulfilled; if they are not, your application is inadmissible. In other words, no application is deemed to have taken place.

The filing date is set at the date on which these requirements have been fulfilled. It is very important that the payment has been received at the same time of the application. Otherwise, the filing date will be postponed to the date at which we receive your payment.

The filing date is important for determining priority of your trademark versus the rights of others.

Once the filing date has been determined, your application will become the responsibility of one of our members of staff. They will check whether all the requirements have been fulfilled and contact you if any additional further details are required. The goods and services referred to will then be arranged into classes in accordance with the international Nice classification.

If your application meets the various requirements, your trademark will be registered. This registration will then be published. You will receive a certificate of your registration.

To maintain this exclusive right, you must use and monitor the trademark, ensure timely renewal of your registration and keep the information up to date (if you change your logo, you must submit a new application). You are solely responsible for taking action against infringers.

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

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