Registration of Trademarks in Aruba

Registration of a trademark as such does not give the registrant the exclusive right to the use of the trademark. Pursuant to the Ordinance a registration of the trademark creates a presumption of first usage by the registering party. This presumption places the burden of proof of first usage of the trademark on those parties claiming to have the exclusive right to use the mark. The presumption of first usage is one reason why it is advisable for the owner of a trademark to register his mark in Aruba. In addition, once a trademark has been registered, the Bureau of Intellectual Property 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 or services in Aruba.