Trademarks in Suriname

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The Trademark Act of Suriname contains provisions for the registration and protection of trademarks. In 1975, Suriname became an independent country and established its own trademark office: Bureau for Intellectual Property. Suriname is party to WIPO, Paris Convention, Berne Convention, Hague Agreement, Nice Agreement, Strasbourg Agreement and TRIPS Agreement.

First use of trademark
Under Surinamese law, the exclusive right to use a trademark belongs to the party who has made first use of a mark in Suriname to distinguish his goods from those of others. First use can be based on sales, use or offering of the goods and/or services in the local market.

Pursuant to case law, first use can also be based on advertising of the goods and/or services in local or international media which are published or sold in Suriname or of which broadcasts can be received in Suriname, if such advertising is intended to reach the local consumer. It is advisable that advertisements should contain a clear indication as to the origin of the goods or services. The law contains a non-use provision pursuant to which an owner is only protected for a period of 3 years since his last use of the mark in Suriname.

Registration of a trademark as such does not give the registrant the exclusive right to use the mark. Pursuant to the law however, registration of the mark creates a presumption that the registrant is the first user of the mark. This presumption places the burden of proof as to who is the first user of the mark on the registrant’s opponent, who claims to have the exclusive right to use the mark. The presumption that the registrant is also the first user of the mark can of course be rebutted by evidence to the contrary.

The above presumption is one reason why it may be advisable for the proprietor of a mark to register his mark. Another reason to register a mark is that, once a mark has been registered, the trademark bureau will not register other marks which are identical or so similar that it might create confusion in the mind of the public as to the origin of the goods.

Proof of first use or intent to use is not required for registration of a mark. Registration of a mark can, in short, serve defensive purposes.

Registrations and subsequent renewals are valid for 10 years. All registrations are published in the Trademark Gazette. A trademark appeal against registrations can be filed within 6 months after publication of the registration in the Trademark Gazette.

Suriname has no provision for registration of service marks. Owners of service marks will therefore often file for registration of their mark to cover goods associated with the services they provide in Suriname.

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