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Grenada Trademark registration

Trademark Law
Legal basis is the Trademarks Act, 2012 in force since August 1, 2012.
Grenada is not a member of the Madrid Agreement or the Madrid Protocol.
In an amendment to the new Act, both the Merchandise Marks Act 1899 and the Registration of United Kingdom Trade Marks Act, which dates from 1939, are repealed and UK-based applications are no longer possible.
Any existing UK-based trademark that was registered in Grenada before the commencement of the new Act shall continue to have effect as if registered under the new Act.
All applications that were filed and remained pending under the repealed Act are being treated as applications under the new Act.
The new Act confirms that nothing in it shall affect the common law right of action for passing off or related remedies.
An English common law jurisdiction, Grenada is identical to other common law nations in that it accords priority to the first to use over the first to file.
Trademark protection is obtained by registration.
Well-known marks are recognized. Prior use in Grenada is not necessary.

Classification
Nice classification, 10th edition

What can be registrable?
Are registrable all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, colour combinations, the three-dimensional form of a good or its packaging and any combination of the said signs.
The following trademark types are registrable: trade marks, service marks, and collective marks.

Proceeding of Trademark Registration
The application is filed at the Intellectual Property Office (CAIPO).
Multiple-class applications are possible. An application can include goods in any number of classes, but with additional charges for each additional class.
Foreign applicants need a local agent.
A power of attorney is needed.
Foreign applicants do not need a domestic registration.
All applications are subject to absolute and relative grounds of refusal.
An expedient examination is available.
Electronic filing is possible. Documents filed electronically need to be supplemented by submission of the originals at the registry within one month, while the certified copy for any priority-based application needs to be submitted within two months.
Trademark applications accepted by the Registrar are published once in the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in Grenada is approximately one year.

Opposition Period
National:
The opposition period is one month from the date of publication. It is possible to apply for an extension for the filing of a notice of opposition.
Opposition against designation of IR Mark:
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.

Trademark Duration
Protection begins with the date of application. A trademark registration is valid for ten years from date of application. The registration is renewable for periods of ten years.
All current registrations will run for the full remainder of their existing terms and thereafter be renewed for periods of ten years, with reclassification of goods and services at the time of renewal if appropriate.

Grace Period for Trademark Renewal
The grace period for renewals is 6 months starting from the expiration date of the trademark.

Use Requirements
If the trademark has not been used within three years from registration, it may be subject to cancellation. Removal might be avoided if special circumstances prevented its use and there was no intention not to use the mark.

Area Practice:

INTELLECTUAL PROPERTY

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