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The Trademark Act of Suriname provides for the registration and protection of trademarks. Following its independence in 1975, Suriname established its own trademark office, the Bureau for Intellectual Property. Suriname is a party to several international intellectual property treaties, including the WIPO Convention, the Paris Convention, the Berne Convention, the Hague Agreement, the Nice Agreement, the Strasbourg Agreement, and the TRIPS Agreement.
First use of trademark
Under Surinamese law, the exclusive right to use a trademark is generally granted to the party that first uses the mark in Suriname to distinguish its goods or services from those of others. First use may be established through sales, use, or offering of goods and services in the local market.
Case law further recognises that first use may also be established through advertising in local or international media that is available in Suriname, provided such advertising is intended to reach the local consumer. Advertisements should clearly indicate the origin of the goods or services. Under the law, protection is subject to a non-use provision, whereby a trademark may lose protection if it has not been used for a period of three years.
Registration of a trademark does not, in itself, grant exclusive rights of use. However, registration creates a legal presumption that the registrant is the first user of the mark. This shifts the burden of proof to any party challenging the registration and claiming prior use. This presumption may be rebutted by evidence to the contrary.
One of the key advantages of registration is that the Bureau for Intellectual Property will refuse to register identical or confusingly similar marks. In addition, registration may serve defensive purposes, as proof of first use or intent to use is not required for filing.
Trademark registrations and subsequent renewals are valid for a period of 10 years. All registrations are published in the Trademark Gazette. An appeal against a registration may be filed within six months of publication.
Suriname does not provide for the registration of service marks. As a result, service providers often register trademarks covering goods associated with their services.
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