Recent updates to the Bahamas Intellectual Property Regulations have brought significant changes to the way trade marks and patents are managed. As we have previously reported, new Intellectual Property legislation came into force in the Bahamas earlier this year, with effect from 1 February 2025. The accompanying Trade Mark and Patent Regulations were implemented on 21 May 2025.

While the publication of the Trade Mark Regulations is a major milestone, important aspects of the law’s practical application need to be clarified. For example, single class applications are provided for in the new law but in practice, the Registry appears to be accepting multi-class applications. We anticipate further guidance will be issued by the authorities in due course and will provide updates as more information becomes available. The International Classification of Goods and Services will be followed under the new law. In terms of trade mark applications and registrations made under the old Act, it is not yet clear what the reclassification requirements will be so we are monitoring developments closely.

For Patents, the Regulations provide for:

  • The filing of PCT national phase applications (also provided for in the Patents Act). However, the Bahamas are not a signatory to the Patent Cooperation Treaty (PCT) and at this time PCT national phase applications are not possible.
  • The Statement justifying the Applicant’s Right to apply may be filed within three months from the application filing date.
  • Nucleotide or amino acid sequence must be provided in electronic form to comply with the PCT sequence listing standard.
  • Request for release of sample for deposits made under the Budapest Treaty where the specification refers to a deposit of a micro-organism.
  • Voluntary divisional applications and divisional applications in response to a unity of invention objection.
  • Opposition within two months of the advertisement of the application to a patent application.
  • Opposition to restoration of patent application.
  • Request for patent application to be treated as a utility model/certificate application.
  • Renewal fees are payable annually before the expiration of the first year from the date of filing of the application. There is a substantial increase in the renewal fees.

We will report further on the Trade Mark Regulations in due course. Contact us for more information, or find out about our expertise across Africa and the Caribbean.