As reported in our previous update, the new Trade Marks Act (the Act) came into force in the Bahamas with effect from 1 February 2025.

A key change under the new Act is the introduction of the Nice Classification System, when previously the Old British Classification System was used. Importantly, this means that service marks will become available.

As yet, the accompanying Regulations have not yet been published and so confirmation of the new fees, procedures, and forms is still awaited. This leaves the Registry in an uncertain position regarding how they should be processing matters. Currently, the Registry is accepting applications to secure a filing date, but all applications are being held in suspense. It is anticipated that, once the new Regulations are published, such applications will be completed under the provisions of the new Act.

There is uncertainty about the consequences of using the Nice Classification whilst still relying on the old forms and fees. We expect that any applications made at this time will need to be regularised once the new Regulations are available, which is likely to mean the payment of additional fees and re-classification. The timescale for the new Regulations is also unclear.

For now, we recommend that brand owners with an interest in this jurisdiction review their portfolios and consider the following:

  • If registrations filed previously under the Old British Classification are held, how these would be re-classified in due course; and
  • If applications have not been previously made for either goods or services, would such coverage be required

 

contact us for more information.