Trademark Oppositions in Netherlands Antille

Cancellations in national trademark registration procedure

In Netherlands Antilles, trademark oppositions are not available.

The alternatives that an opponent can use are cancellation and nullification action. The cancellation should be based on relative and absolute grounds, non-use, bad faith issues, conflicting copyright or design rights; rights under Art. 6 bis of the Paris Convention or notorious or well-known mark;  rights under Art. 6 septies of the Paris Convention; rights in a registered company name (local or foreign), rights under Art. 8 of the Paris Convention; rights under Art. 6 ter of the Paris Convention(Prohibitions concerning State Emblems, Official Hallmarks, and Emblems of Intergovernmental Organizations); offenses against public policy or principles of morality, the mark has become the common designation of a product by the proprietor’s actions or omissions (generic) or, as a result of its actual use, could mislead the public, particularly as regards the nature, the capacity or the geographic origin of these goods and services.

In principle, the deadline cancellation is five years as of the filing date, except for the case where a conflicting mark was filed at a later date for similar goods/services and the previous mark has lapsed two years prior to the new filing; in that case, the term for commencing a nullification action is three years as of the expiration date of the previous filing. In case of non-use grounds, the deadline begins after five years of non-use.

The authority for cancellation actions is the Court (Court of First Instance of the Netherlands Antilles with place of session in Curacao, should the Code of Civil Procedure of the Netherlands Antilles fail to appoint a competent judge).
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