The Bahamas’ updated intellectual property law came into effect on February 1, 2025, and the new Trademarks and Patents Regulations came into effect on May 21, 2025.
While the publication of the Trademark Regulations marks a significant milestone, important aspects of the law's practical application still require further clarification. For example, the new law provides for single-class applications, but the Registry currently appears to be accepting multi-class applications. Under the new law, the International Classification of Goods and Services will be followed. Regarding trademark applications and registrations filed under the old law, the requirements for reclassification remain unclear.
With regard to patents, the regulations provide as follows:
- Submit a PCT national phase application. However, the Bahamas is not a signatory to the Patent Cooperation Treaty (PCT) and currently cannot file a PCT national phase application.
- The applicant's declaration of right to apply can be submitted within three months of the application submission date
- Nucleotide or amino acid sequences that meet the PCT sequence listing standards must be submitted electronically
- If the instructions involve the storage of microorganisms, you can apply for the deposit of microorganisms under the Budapest Treaty
- Voluntary divisional applications and counter-divisional applications can be filed in response to unity of invention objections
- An opposition can be filed against a patent application within 2 months after its publication
- Opposition to the restoration of a patent application
- Can apply to convert invention patent application into utility model/certificate application
- Annual fees must be paid annually starting from the first year of application, and the annual fees increase significantly.
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