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Update dissolvement Netherlands Antilles

21-09-2011

The Netherlands Antilles has ceased to exist as from October 2010. The islands Bonaire, Saint Eustatius and Saba have become municipalities within the Kingdom of the Netherlands. This group of islands is now called Caribbean Netherlands. Curaçao and the Dutch part of Saint Martin have become autonomous states within the Kingdom of the Netherlands, like earlier Aruba in 1986. The Caribbean Netherlands, Curaçao and St. Martin are (just like Aruba) not covered by a Benelux or EU trademark registration. What are the consequenses for trademark owners?

The dissolution of the Netherlands Antilles and the consequences for trademark owners regarding national registrations designating the Netherlands Antilles, are as follows:

Caribbean Netherlands

In order to retain (a) valid trademark registration(s) in the Caribbean Netherlands, it is necessary to file (a) maintenance application(s) with the Benelux Office for Intellectual Property (BOIP) before October 10th 2011.

Please note that this is only applicable to national registrations. International Registrations, designating the Netherlands Antilles, will automatically have effect in Curaçao, St. Martin and the Caribbean Netherlands.

Curaçao and St. Martin

It seems at this time that, as for International Registrations, it is not necessary to confirm existing Netherlands Antilles registrations for these two islands; existing Netherlands Antilles trademarks will automatically be converted into trademark registrations for the separate territories of Curaçao and St. Martin.

In case you have any further questions, please do not hesitate to contact us.