The first user of a trademark in Aruba has the right to exclusively use that trademark for those goods or services he uses it for. Registration of a trademark is not required in Aruba. However, in the absence of proof to the contrary, the first applicant of a trademark registration is considered the first user of the trademark. The Bureau for Intellectual Property in Aruba is responsible for the registration of trademarks. A trademark must be capable of distinguishing the goods or services for which it is used from other goods and services. Aruban law does not provide for an opposition procedure before the BIPA against applications for registration of trademarks. Protection of a trademark last for ten years following the date of application. A registration is renewable for a successive ten-year period.
In case of infringement the following remedies may be granted, if brought before the Court by the owner of a trademark:
- Injunctive relief;
- Payment of profits;
- Seizure of the infringing goods;
- Provision of information on suppliers and/or customers; and
- Cancellation of the trademark registration.
Furthermore, upon the request of any interested party, the Court may declare the right to a trademark to be null and void insofar as:
- During an uninterrupted period of three years, and without valid reasons, no normal use of the mark was made in Aruba with respect to the goods or services for which the trademark was registered;
- After having been duly acquired, the trademark has becomes genericized (i.e. the trademark becomes the generic/common name for, or synonymous with, the product or services with which is associated) and the trademark owner has failed to prevent this; or
- The trademark is used in such a manner, in relation to products and services which are identical or similar to the products and services the registration covers, that it may confuse and mislead the public, primarily with respect to the nature, quality or geographical origin.
Please see our Trademark Guide Aruba for more information on the prosecution and enforcement of trademarks.