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Barbados Trademark registration

Registration
A trade mark can be registered in Barbados pursuant to the Trade Marks Act, 1981 as amended by Act 16 of 2001 (26 July 2001) which provides for local trade mark applications.

The following information and documentation is required:
1. name of the trade mark
2. one copyof the mark (unless mark is word only)
3. class(es) and specification of goods and/or services
4. applicant's name and address
5. Authorisation of Agent (AOA) or (POA)
6. certified copy of priority document (if priority is claimed)

Processing Time – 1 – 2 yr
Application phase- approx. 90 dys
Advertising preparation phase- approx. 3 weeks
Objection phase - approx. 4 months - Anyone having an objection to the mark as advertised must file a formal notice of opposition at the office within 2 months of the publication. Certification stage- approx. 3 months

Validity Period after registration
A trade mark is registered for 10 years and can be renewed every 10 years.

It usually takes about 1-2 years for the Registrar of Corporate Affairs and Intellectual Property Office to process a local application for registration. Paris Convention priority can be claimed. Once the registration is complete the Registrar's Office will issue a Certificate of Registration (Form No. 10). If a trade mark is not used within five years after registration without good reason it may be removed from the Register on application to the court by a third party.

Classes
The International Classification system is used. Multi-class applications are not allowed. A separate application is required for each class of goods and/or services.

Searches
In order to conduct a search the only documentation required is the name of the trade mark and one copy of the mark (unless mark is word only). The result can usually be provided within three working days.

Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the only documentation required is an Authorisation of Agent (Form No. 2).

The application for renewal should be filed within 12 months prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal. After that time a new application for registration is required. It usually takes two months or less for the Registrar's Office to process an application for renewal. Once the renewal is complete the Registrar's Office will issue a Certificate of Recording showing the renewal. If you do not wish to renew the mark please inform us so that we can advise the Registrar's Office accordingly.

Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Registrar's Office accordingly. This will avoid us sending out unnecessary Reminder Notices.

Area Practice:

INTELLECTUAL PROPERTY

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