# Trademark registration in Sint Maarten

> Trademarks in Sint Maarten are registered with the Bureau for Intellectual Property Sint Maarten (BIP SXM). A registration lasts 10 years from the filing date and can be renewed. Sint Maarten can be designated through the Madrid System.

Source page: https://trademarkshub.com/trademarks/sint-maarten
Facts checked against official sources: 2026-10-11

## Key facts
- **Trademark office:** Bureau for Intellectual Property Sint Maarten (Bureau Intellectuele Eigendom Sint Maarten) (BIP SXM)
- **Madrid Protocol:** Member since 2003
- **Protection:** 10 years from the filing date, renewable
- **Multi-class applications:** Allowed
- **Foreign applicants:** Using a representative is optional under the ordinance

## Official links
- Trademark office: https://www.bip.sx/
- Law: Merkenlandsverordening (Trademark National Ordinance of Sint Maarten), consolidated text — https://www.bip.sx/uploads/inline/merkenlandsverordening_geconsolideerd_met_lvo_bie_gewijzigd.pdf

## Steps
1. Search the Sint Maarten trademark register for earlier marks (searches can be requested from the Bureau for a fee).
2. Complete the BIP SXM application form with the mark, the applicant's details and address, and the goods/services by Nice class.
3. Submit the signed form to the Bureau (the 2022 explanatory notes specify email to trademarks@bip.sx) and pay the fee in USD or NAf by bank transfer on the same day to keep the filing date.
4. The Bureau examines the application on absolute grounds, such as lack of distinctiveness, misleading signs or public order.
5. If no refusal is issued, the mark is entered in the register; the registration date is the filing date.
6. Renew every 10 years, within the six months before expiry or within six months after expiry with a surcharge.

- **Examination:** The Bureau examines absolute grounds only; conflicts with earlier rights are not examined ex officio and are handled through nullity actions. A refusal can be appealed to the Court within six weeks.
- **Late renewal:** 6 months after expiry, with an additional fee
- **Use requirement:** a registration can be challenged after 5 years of non-use.

## Good to know
- Sint Maarten has its own trademark register and ordinance, separate from the Benelux system; a Benelux registration does not cover Sint Maarten.
- The Madrid Protocol, extended by the Kingdom of the Netherlands to the Netherlands Antilles from 28 April 2003, continued to apply to Sint Maarten after the Antilles were dissolved on 10 October 2010.
- There is no ex officio examination of earlier rights; owners of earlier marks must act through nullity proceedings, so watching new registrations matters.
- Fees can be paid in US dollars or Netherlands Antillean guilders by bank transfer and must be received the same day as the application to keep the filing date.
- A mark in one of Sint Maarten's commonly spoken languages also covers its translation into another such language.

## FAQ
### Is Sint Maarten covered by the Madrid Protocol?
Yes. The Madrid Protocol was extended to the Netherlands Antilles from 28 April 2003 and has continued to apply to Sint Maarten since the Antilles were dissolved on 10 October 2010.

### Does a Benelux trademark protect my brand in Sint Maarten?
No. Sint Maarten has its own trademark ordinance and register administered by the Bureau for Intellectual Property Sint Maarten, so a separate filing or Madrid designation is needed.

### How long does a trademark registration last in Sint Maarten?
Ten years from the filing date, renewable for further 10-year periods, with a six-month late renewal period at an extra fee.

### Do I need a local agent to register a trademark in Sint Maarten?
Representation is optional under the ordinance, but any representative must have an address in Sint Maarten and be recognised by the Bureau.

### Does the Sint Maarten office check for earlier conflicting marks?
No. The Bureau examines only absolute grounds; conflicts with earlier rights are raised through nullity actions.

## Sources
- BIP SXM: Merkenlandsverordening (consolidated): https://www.bip.sx/uploads/inline/merkenlandsverordening_geconsolideerd_met_lvo_bie_gewijzigd.pdf
- BIP SXM: Explanatory notes, trademark application: https://www.bip.sx/system/files/document/2022-02/explanatory_notes_trademark_application_bip_sxm.pdf
- BIP SXM: Explanatory notes, trademark renewal: https://www.bip.sx/system/files/document/2022-06/explanatory_notes_trademark_renewal_bip_sxm.pdf
- WIPO Lex: Netherlands remarks on the Madrid Protocol: https://www.wipo.int/wipolex/en/treaties/parties/remarks/NL/8

Need a firm that files in Sint Maarten? Find one at https://trademarkshub.com/trademarks/sint-maarten (TrademarksHub lists IP firms by country; featured placements are paid and labelled).
General information, not legal advice.