From Goods to Goods AND Service Marks: Bahamas Expands Trade Mark Protection

Good news for brand owners seeking to protect their service marks in Bahamas, as the Registrar General’s Department in the Ministry of Foreign Affairs has begun to allow applications to register marks for services.

In 2025, the Bahamas Government took a significant step in modernising its intellectual property framework with the introduction of Trade Marks Act 2024, which came into effect on 1 February 2025. This new legislative regime replaces outdated provisions and brings Bahamian trade mark law into closer alignment with international standards, including provisions of the Paris Convention and the TRIPS Agreement.

Subsequent to its recent implementation of the Trade Mark Regulations 2025, the Registry  is (finally) accepting applications under the provisions of the new law. Brand owners now have the option to register service marks, moving beyond the previous framework which limited protection to the registration of goods only; and the adoption of the NICE Classification system represent a major shift in broadening brand protection options within the jurisdiction.

The option to protect marks for services opens up to brand owners worldwide the possibility to seek registered protection of its marks covering, for example, hospitality, finance, real estate, insurance, technological and creative, administrative and legal services. It will be a relief to intellectual property proprietors to no longer have to resort to registering their marks specifying goods, often only vaguely related to their actual service offerings.

Brand owners considering extending the scope of their IP coverage in Bahamas should note the following key takeaways:

1. Under the NICE Classification system, Classes 35 to 45 specifically for services, are now open for registration, in addition to the existing Classes 1 to 34 for goods.
2. Trade Mark applications can also be filed in multiple classes, a departure from the former single class registration system operated under the previous law.

In addition, the new law introduces administrative updates, including:

• Expanded definition of what may qualify as a “sign” capable of trade mark protection, including 3-D shapes, moving images, holograms, sounds, scents and tastes.
• The term of registration being reduced from 14 years to 10 years, with renewals now granted for further 10-year periods.
• The option to seek registration of collective and certification marks.
• Requirement for trade mark applicants to declare at the time of filing either (i) a bona fide intention to use its mark, or (ii) actual use of its mark in Bahamas.

These developments present brand owners with a timely opportunity to reevaluate and strengthen their existing trade mark portfolios. HSM IP is pleased to offer its support to IP proprietors, both in carrying out portfolio audits to identify gaps in protection, and in providing recommendations and / or advice. HSM IP’s brief client guide identifies the timelines and requirements involved in navigating various trade mark services in Bahamas.

It is understood that at this time the Bahamas IP Registry is also actively taking steps to address and reduce its heavy backlog of matters, which will surely be appreciated by brand owners who have often historically experienced delays.

HSM IP welcomes all of these developments, representing as they do a significant leap forward in the protection of IP in the region. We encourage our existing clients, brand holders and businesses to consider expanding their IP protection in the Bahamas, to encompass services, in addition to goods.

Our IP practice group would be glad to render advice and strategy towards filing trade marks for brand owners in Bahamas in addition to the other Caribbean, Central and South America jurisdictions. Should you need any assistance or require further information in expanding your IP protection or restructuring your existing IP portfolio, please reach out to us at info@hsmoffice.com.