Why register a trademark in the Bahamas?

It is not obligatory to register a trademark in order to use your brand in the Bahamas. Unregistered trade marks may be protected by the local courts if they are deemed to have sufficient reputation. Such protection is obtained by succeeding in a common law action for passing off. It is necessary to show that the defendant has been conducting their business in such a way as to mislead the public into thinking that their goods and services are in some way associated with your business. There is a considerable evidential burden involved in making out the case for passing off, however (and thus a considerable expenditure of time and money); a trademark infringement case, by contrast, does not involve this burden.

Trademark registration confers a number of commercial and legal benefits on the owner. Most obviously, the trade mark owner enjoys the exclusive right to use the registered mark in the Bahamas. It becomes their property, with all of the benefits this entails, including the right to sell or license it to others for a profit. (more…)

Why register a trademark in Barbados?

Trademark registration is not required in order to begin using your brand in Barbados. Unregistered trade marks may be protected by the local courts if they are sufficiently well-known.

However, trademark registration confers a number of commercial and legal benefits on the owner, making it a highly advisable option. A trademark is a visible sign used in relation to goods or services in the course of trade or business, allowing those goods or services to be distinguished from those of others in a crowded market. Generally, but not exclusively, marks may consist of names, pseudonyms, geographical names, arbitrary or fanciful designations, emblems or any combinations or arrangements of colours and shapes of goods or containers. Once the owner of a distinguishable mark has registered it, they enjoy the exclusive right to use it in Barbados. This allows the owner to develop their brand value with confidence. (more…)