Implementation of new Intellectual Property Regulations in the Bahamas

The implementing regulations and official fee schedules accompanying the recently-enacted intellectual property legislation in the Bahamas have finally now been published, and came into force retroactively with effect from 21 May 2025.  However, they were issued without any practice directions or guidelines.

Trade Marks

From a trade mark perspective, the regulations indicate that multi-class applications are now permitted. However, there appears to be no explicit guidance regarding the reclassification of goods and services previously filed under the former legal framework to align with the Nice Classification system, which has been adopted under the new law.  It is therefore anticipated that the Registrar may issue further practice directions to clarify this matter.

In addition, the opposition period has been increased from 30 days to 2 months from publication of the application.

Patents

The new Patent Regulations provide, inter alia, for a 3-month period for filing the Statement justifying the Applicant’s Right – this timeframe is more lenient than that under the previous law, where the Registrar required all documents to be filed in their original form in order to secure a filing date.  However, our recommendation is still to file all of the original documents at the time of filing the patent application, so as to ensure that a valid filing date is obtained.  

Vis-à-vis patent annuities, the new regulations confirm the requirement in the new law to pay annuities annually from the 1st anniversary of the filing date onwards.  However, it is not clear to which cases the new annuity rules apply (we presume that the new fees will be payable for all annuities due on or after 21 May 2025) and we are still awaiting clarification from the Registrar of this important point.

Official fees

A number of the official fees have seen notable increases, particularly in relation to patent annuities during the later years of protection. While the fees associated with the filing and registration of trade marks have also risen, this increase may be partially mitigated by the introduction of multi-class application filings, which could offer cost-efficiencies.

The issuance of these regulations is a welcome development, as they provide much-needed clarity on several procedural aspects introduced by the new legislation.  However, dialogue with the Registrar is still ongoing in relation to various practical matters that remain unaddressed in the current regulatory framework.

Should you require further information, please do not hesitate to contact your usual Lysaght representative.