General trademark information in Suriname

Registration is not required to establish rights in a trademark; sufficient prior use establishes rights in a trademark; this is a "first-to-use" jurisdiction.

Under Surinamese law, the exclusive right to use a trademark belongs to the party who has made first use of a mark in Suriname to distinguish his goods from those of others. Pursuant to the law however, registration of the trademark creates a presumption that the registrant is the first user of the trademark. First use can be based on sales, use, or provision of the goods in the local market. First use can also be based on advertising of the goods in local or international media that is published or sold in Suriname or of which broadcasts can be received in Suriname. It is advisable that advertisements contain a clear indication as to the origin of the goods or services.

• Use of an unregistered mark for any goods or services is legal.

The use of an unregistered trademark for any goods or services is legal, though this is considered "risky," especially in the case of, for example, an opposition of the first use of an unregistered trademark, since, pursuant to the law, the registration of a trademark creates a presumption that the registrant is the first user of this trademark.

• The following legislation regarding plain packaging has been enacted in this jurisdiction:

 Tobacco Law 2012 (tobacco products).

B. Time Frame for Obtaining Registration

• The approximate time from application to registration (for a regular prosecution, without opposition) is:

18 months or longer.

C. Advantages of Registration

• The benefits of registering a trademark include the following:
  • it provides prima facie evidence of ownership and validity;
  • it allows use of "Registered Trademark" or other suitable terms or abbreviations to demonstrate ownership of the trademark;
  • it allows the registrant access to bring actions in particular courts;
  • it helps to deter others from unlawfully using the trademark;
  • it provides a defense to infringement;
  • enforcement of an unregistered trademark is more difficult and more costly than enforcement of a registered trademark.

II. Pre-Filing

A. Registrable Trademarks

• The following signs that can be reproduced graphically and are capable of distinguishing the goods or services of one person or entity from another are registrable as a trademark:
  • words;
  • names;
  • devices;
  • colors;
  • slogans.

• The special requirements for the registration of colors are:

 International color codes are required.

• Marks registered in black and white or grayscale are construed broadly to protect the mark both as registered and in other color combinations.

• In addition to regular trademark registrations, the following types of trademarks are registrable:
  • well-known marks

(only after the rightful owner has given the instruction to register the trademark).

• The following are not registrable as trademarks:
  • marks contrary to moral standards or public order;
  • generic terms;
  • non-distinctive trademarks, absent a showing of acquired distinctiveness (secondary meaning);
  • marks that function principally as surnames;
  • marks that function principally as geographic location names (but not geographical indications or appellations of origin).

• Geographical indications (GIs) are not protected in this jurisdiction.

B. Searching

• While conducting a private pre-filing search is not mandatory, it is recommended in that it can:
  • save the applicant the time, effort, and cost entailed in developing, adopting, and applying to register a trademark in which someone else has prior rights;
  • disclose additional potentially conflicting trademarks, e.g., prior unregistered rights such as those gained at common law.

• The national office is not accessible online.

C. Use

• An applicant does not benefit from pre-filing use of a trademark.

It is not possible in Suriname.

• When a mark is not registered, use of that mark may provide the following benefits:
  • Courts may protect unregistered trademarks in some exceptional cases.
  • Special protection against infringement may be available for a famous and/or well-known mark that is not registered.
  • Protection against infringement may be available for trademarks with substantial and long-standing use that are not registered.

• Famous and/or well-known marks are protected via the following mechanism(s):
  • a registry (other than the usual trademark registry);
  • a determination by the court resulting from an action for infringement.

D. International Treaties

• This jurisdiction is a member of the following international treaties relating to intellectual property:
  • Paris Convention;
  • Nice Agreement.

III. Filing

A. Requirements

• If the applicant is not domiciled in this jurisdiction, a local address for service must be provided.

• Joint applicants are permitted in this jurisdiction.

• Neither actual use nor intent to use is required for application.

The law contains a non-use provision pursuant to which the proprietor of a mark is only protected for a period of three years from the proprietor's last use of the mark in Suriname. There is no use requirement.

• The following information is required to COMPLETE an application:
  • name and address of applicant;
  • state or country of incorporation;
  • description of trademark;
  • representation of trademark (a depiction of the mark an applicant seeks to register);
  • list of goods/services;
  • power of attorney;
  • official filing fee;
  • priority claim, where priority of an earlier application is claimed.

• While ALL of the items noted in the list immediately above are required to COMPLETE an application, ONLY THE FOLLOWING ITEMS from that list are required in order to SECURE A FILING DATE:
  • name and address of applicant;
  • state or country of incorporation;
  • description of trademark;
  • representation of trademark (a depiction of the mark an applicant seeks to register);
  • list of goods/services;
  • power of attorney;
  • official filing fee;
  • priority claim, where priority of an earlier application is claimed.

• The list of goods and services in this jurisdiction may specify:
  • “all the goods” or “all the services” of the relevant class(es).

• The following number of copies of the trademark must be submitted:

Prints of the trademark; preferably by email.

• In this jurisdiction, the following types of registration are available:
  • national.

• This jurisdiction is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.

• This country is not a member of the European Union; a European Union Trade Mark registration is not effective in this jurisdiction.

• No (other) multinational regional registrations are available in this jurisdiction.

• Applications cannot be filed online.

• The official file cannot be accessed online.

• Applications are officially searched as to prior trademarks.

 The Bureau for Intellectual Property examines the trademark after the application has been filed.

B. Priority

• If an applicant's home country is a signatory to the Paris Convention, the filing date of its home application can be claimed as the filing date in this jurisdiction, provided that its home application was filed within the fixed period of six months preceding the application in this jurisdiction.

C. Classification

• This jurisdiction uses the Nice Classification System.

• If a trademark is or will be used in more than one class of goods and/or services, one application can cover multiple classes of goods or multiple classes of services, but separate applications are also permitted.

• For a multi-class application, the applicant must pay additional class fees if the goods/services fall into more than the following number of classes:

 3 classes.

D. Representation

• An application to register a trademark may be filed directly in this jurisdiction by:
  • a trademark representative/attorney/agent, but only if a citizen of or domiciled in the jurisdiction.

IV. Application

A. Publication

• The filing particulars of an application are made available to the public.

• The filing particulars are made available to the public:
  • through publication.

• The following application details are made available to the public:
  • mark;
  • name of applicant;
  • address of applicant;
  • state or country of incorporation of applicant;
  • application number;
  • application date;
  • goods/services;
  • priority claim information;
  • representation of trademark;
  • specimen(s) of use.

B. Examination

• Applications are examined in respect of:
  • formalities: i.e., for compliance with the filing requirements;
  • classification: i.e., to ensure that the goods or services fall within the class(es) listed in the application;
  • clarity: i.e., that descriptions are clear and understandable;
  • descriptiveness: i.e., to check whether a trademark functions solely to provide information about the goods and services affiliated with the trademark;
  • distinctiveness: i.e., to ensure that trademarks are capable of being represented graphically and of distinguishing the goods or services of one individual or organization from those of other individuals or organizations;
  • deceptiveness: i.e., to check whether a trademark is of such a nature as to deceive the public (for instance, as to the nature, quality, or geographic origin of the goods or services);
  • conflict with prior registration, prior-filed application, or earlier unregistered rights resulting from an official search.

• If the local trademark authority issues a preliminary refusal to register a mark based on an earlier registration owned by another:
  • The existence of a valid coexistence agreement between the applicant and the cited registrant may be accepted as evidence permitting registration of the application; its acceptance is at the discretion of the trademark authority.

A Letter of Consent is required.

• This jurisdiction does not have disclaimer practice (i.e., a practice whereby the applicant must disclaim any exclusive right to an element of a trademark that is not distinctive).

• The order of the application process is as follows:
  • examination, registration, publication.

C. Prosecution

• Accelerated examination may not be requested.

• The following rights are established by a pending application:
  • the filing date of the application establishes a home filing date for purposes of priority;
  • the pending application can be cited in official examination against a subsequent (later-filed) conflicting application;
  • the pending application can be used in a third-party opposition proceeding against a subsequent (later-filed) conflicting application;
  •  the filing date of the application establishes a constructive date of first use.

D. Opposition

• Opposition is available.

Opposition is not available through the local trademark authority; rather, it is available by means of legal proceedings.

• Opposition is conducted post-grant.

It is recommended to hire/contact a local trademark consultant.

• The following can be grounds for opposition:
  • proprietary rights, such as an earlier conflicting registration;
  • the mark is descriptive, i.e., it consists of a sign or indication that may serve in trade to designate the kind, quality, quantity, intended purpose, or value of goods or of rendering of services or other characteristics of goods or services;
  • the mark is not distinctive;
  • the mark is misleading, deceptive, or disparaging;
  • breach of copyright;
  • rights under Article 6bis of the Paris Convention (notorious or well-known mark);
  • rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags, and other State emblems);
  • rights under Article 6septies of the Paris Convention (registration in the name of the agent or other representative of the proprietor of the mark);
  • rights under Article 8 of the Paris Convention (trade names);
  • the mark is generic, i.e., the mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade;
  • the mark consists of a geographical indication;
  • the mark is against public policy or principles of morality.

• A registration is published for opposition purposes upon grant of registration.

• The opposition period begins on the following date:

the date of publication in the Advertentieblad van de Republiek Suriname.

• The opposition period ends on the following date:

9 months after the date of publication.

• The following parties may initiate an opposition:
  • any interested party.

• Oppositions cannot be filed online.

E. Proof of Use

• Proof of use is not required prior to the issuance of a registration or the issuance of a notice of allowance/acceptance.

V. Assignment, Licensing, and Other Changes to Trademark Records

A. Assignment

• An application can be assigned.

• A registration can be assigned.

• An assignment of an application must be for the entire territory covered by the application.

• An assignment of a registration must be for the entire territory covered by the registration.

• An assignment of an application can be for some or all of the goods or services listed in the application.

• An assignment of a registration can be for some or all of the goods or services listed in the registration.

• Goodwill need not be included in an assignment of an application.

• Goodwill need not be included in an assignment of a registration.

• An assignment document for an application requires:
  • name of assignor;
  • address of assignor;
  • citizenship of assignor;
  • name of assignee;
  • address of assignee;
  • citizenship of assignee;
  • details of the trademark being assigned;
  • goods and services being assigned;
  • effective date of the assignment;
  • signature by assignor;
  • signature by assignee.
  •  The power of attorney should be legalized/notarized at any Notary Public. The assignment document should also be legalized/notarized at any Notary Public.

• An assignment document for a registration requires:
  • name of assignor;
  • address of assignor;
  • citizenship of assignor;
  • name of assignee;
  • address of assignee;
  • citizenship of assignee;
  • details of the trademark being assigned;
  • goods and services being assigned;
  • effective date of the assignment;
  • signature by assignor;
  • signature by assignee.
  •  The power of attorney should be legalized/notarized at any Notary Public. The assignment document should also be legalized/notarized at any Notary Public.

• Legal verification of a written assignment document of an application is required by:
  • notarization

by a Notary Public;

• legalization

by a Notary Public.

• Legal verification of a written assignment document of a registration is required by:
  • notarization

by a Notary Public;

• legalization

by a Notary Public.

• An assignment of an application must be recorded to be effective.

• An assignment of a registration must be recorded to be effective.

B. Licensing

• Use of a mark that is the subject of an application cannot be licensed.

• Use of a registered mark cannot be licensed.

C. Other Changes to Trademark Records

• The requirements for the recordal of name changes, mergers, and other important corporate updates on trademark records are as follows:
  • power of attorney, legalized by the respective consulate/apostille;
  • deed of assignment, legalized by the respective consulate/apostille;
  • certificate of proof of change of name, legalized by the respective consulate/apostille;
  • certificate of merger, legalized by the respective consulate/apostille.

• The requirements regarding the recordal of updated addresses on trademark records are as follows:
  • official proof of the change of address, certified and legalized (at any Notary Public);
  • power of attorney (made out in Dutch and English), with a corporate seal or stamp, signed by the registrant and stating the new address (The power of attorney must be an original. In the absence of a seal or stamp, this document must be notarized. The name and title (authority) of the official signing the power of attorney must be clearly spelled out.);
  • if applicable, prints of the trademark (size not bigger than 4cm x 4cm), preferably in digital format;
  • specification of the goods and class covered by the registration.

• Recording a lien against trademark records is not possible.

VI. Registration

A. Requirements

• A fee is required for issuance of the registration.

• The following documentation is required for issuance of the registration:
  • none.

B. Rights

• The following rights are established by registration:
  • the exclusive right to use the registered trademark;
  • the right to oppose subsequent conflicting applications;
  • the right to bring a cancellation action against a subsequent conflicting registration;
  • the right to sue for infringement against confusingly similar third-party trademark use;
  • the right to apply for seizure by customs authorities of counterfeit goods being imported into this jurisdiction;
  • the right to obtain damages for infringement;
  • the right to sue for infringement if a transliterated version of the owner's mark is later used by a third party;
  • the right to oppose and/or cancel subsequent applications for transliterated versions of the registered trademark by third parties.

• The Roman alphabet is used to represent the official language(s) of this jurisdiction.

• A trademark becomes incontestable, that is, the validity of the registration cannot be challenged, after the following time period:
  • never.

• The territorial limit of registration is:

within the national territory of Suriname.

C. Term

• The initial term of a registration is:
  • 10 years.

• The beginning of the term of a registration is calculated from:
  • the registration date.

D. Marking Requirements

• Marking is not compulsory for registered trademarks.

 Trademark marking is not applicable under Surinamese law.

• Any marking should be in the form(s) mentioned below. Please consult a local trademark attorney in case of doubt.
  •  Trademark marking is not applicable under Surinamese law.

• The use of ® is not legally recognized, but it is recognized in practice.

• The legal consequences of false or misleading marking are:

Trademark marking is not applicable under Surinamese law.

VII. Post-Registration

A. Use Requirements

• Attack on the ground of non-use is available.

• To avoid being attacked on the ground on non-use, a trademark must be used in commerce; however, such use is not linked to any specific time, such as the application filing date or the registration date. Consult a local trademark attorney.

• To satisfy the use requirement, the amount of use:
  • can be minimal.

• Use of the trademark must occur in:
  • this jurisdiction.

• The consequences of a trademark's not being used are as follows:

cancellation of the trademark, if successfully challenged.

• Periodic statements of use or other mandatory filings by the trademark owner setting forth use of the trademark are not required.

• An action for non-use of a trademark can be brought by:
  • any interested third party.

• Non-use can be excused under the following circumstances:
  • import restrictions;
  • other government policies.

• Resumption of use after non-use for the prescribed period (see above) may cure non-use provided that, in the interim, no third party has:
  • filed an application to register an identical or similar trademark;
  • registered an identical or similar trademark;
  • used an identical or similar trademark;
  • filed an action for cancellation of the trademark on the ground of non-use.

• Use of a registered trademark in a modified form would not affect the enforceability of a registration and is allowed if the difference is slight and provided that the modification does not materially alter the distinctive character of the trademark. Consult a local trademark attorney.

• Amendment of a registration to conform to a modified form of the trademark is not possible. Depending on the circumstances, a new application to register the modified trademark might be necessary. Consult a local trademark attorney.

B. Cancellation

• Cancellation is available.

• The following can be grounds for cancellation:
  • proprietary rights, such as an earlier conflicting registration;
  • the mark is descriptive, i.e., it consists of a sign or indication that may serve in trade to designate the kind, quality, quantity, intended purpose, or value of goods or of rendering of services, or other characteristics of goods or services;
  • the mark is not distinctive;
  • the mark is misleading, deceptive, or disparaging;
  • breach of copyright;
  • rights under Article 6bis of the Paris Convention (notorious or well-known mark);
  • rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags, and other State emblems);
  • rights under Article 6septies of the Paris Convention (registration in the name of the agent or other representative of the proprietor of the mark);
  • rights under Article 8 of the Paris Convention (trade names);
  • the mark is generic, i.e., the mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade;
  • the mark consists of a geographical indication;
  • the mark is against public policy or principles of morality.

• There is no deadline for bringing a cancellation action; a cancellation action can be brought at any time.

Cancellation for non-use is not expressly provided by law. The party who asserts that a mark has not been used for more than 3 years must undertake action through a formal procedure and ask the authorities to declare the mark invalid. The Trademark Office of Suriname itself has no active role in this. The party must undertake the action and ask the authorities to cancel the trademark due to non-use for more than 3 years. Non-use of a trademark for more the 3 years does not automatically mean that the mark is canceled or becomes invalid.

• The following parties may bring a cancellation action:
  • any interested party.

• Cancellation actions cannot be filed online.

C. Renewal

• The following documentation is required for renewal:
  • power of attorney;
  • copy of registration certificate;
  •  list of goods.

• The first renewal date of a registration is:
  • 10 years from the registration grant date.

• Subsequent renewals last for the following period of time:
  • 10 years from the renewal date of the registration.

• The renewal pre-payment period is:
  • at any time.

• There is a grace period for renewing registrations once the renewal date has expired.

• The grace period after the renewal date has expired is:
  • 6 months.

• There is no penalty for late renewal

as long as the 6-month grace period has not lapsed.

• Renewal cannot be effected online.

• At the completion of renewal, a new registration number is not issued.

VIII. Customs Recordation

A. Customs Recordation

• There is no mechanism for recording trademarks that are registered in this jurisdiction with the customs authority.

IX. Domain Names

A. Domain Names

• A domain name may not be protected as a trademark.

There is no legislation as of yet to protect a domain name as a trademark.

• The following approved registrars can register a domain name in this jurisdiction:

Datasur.

• Availability of domain names in this jurisdiction can be searched through the following website(s):

https://isp.datasur.sr/

• The Country Code Top-Level Domain (ccTLD) for this jurisdiction is:

.sr

• To obtain a domain name under the ccTLD in this jurisdiction, there are no requirements of locus with this jurisdiction, such as a local address or local business activity.

• Domain name registrations can be assigned.

• Domain name registrations cannot be licensed.

• A domain name registration may be contested in this jurisdiction through the following mechanisms:
  • a Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceeding, filed through the following locally approved domain-name dispute resolution service provider(s) in the jurisdiction:

 The Telecommunications Company Suriname (short name: Telesur) and Telecom Authority Suriname (TAS).

• If a registration lapses as a result of failure to renew, it can be revived or restored in the following way:

 by paying the annual fee unless another party has already registered that domain name.

• it is not possible to file an application to register a domain name as a trademark.

• An earlier-filed domain name registration cannot create rights effective against a later-filed trademark application filed by another.

• In general, the courts do not apply the same principles to domain name disputes as are applied to trademark disputes.

If you would like to know the trademark registration process of Trinidad and Tobago ? Click on here!

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