PROTECTION OF TRADEMARK RIGHTS UNDER THE LAWS OF THE NETHERLANDS ANTILLES
Trade mark rights help to protect business interests
A trademark is a type of industrial property. It is a distinctive sign of some kind (e.g. a symbol, word or logo) that enables the user to distinguish his business and his products or services from those of others.
Under Netherlands Antilles civil law, the right of ownership is the strongest right one can have. This right of ownership also applies to trademark rights. Ownership of a trademark right is established by registering the trademark right at the trademark register, and maintaining this registration.
The owner of the trademark right is for instance the only one that has the right to dispose or encumber the trademark right and the one that can defense such right. It is possible for a creditor of the owner of a trademark right to attach the trademark right. Usually, the court will order that such an attachment must be lifted once a sufficient (bank)guarantee has been issued to the creditor.
Karel Frielink
Attorney (Lawyer) / Partner
