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Trinidad and Tobago Trademark registration

Trademark Law
Legal basis is the Trademarks Act Chp. 82:81 (as amended) since 1997.
Trinidad & Tobago is not a member of the Madrid Agreement, the Madrid Protocol and the European Union. Trademark protection is obtained by registration. It can also be acquired by use or if recognised as a famous mark.

Classification
Nice classification, 7th edition

What can be registrable?
Registrable as a trademark are goods which include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof, or packaging of goods or their shape provided, however, that the trade mark does not exclusively consist of the shape which results from the nature of the goods themselves, or which is necessary to obtain a technical result or which gives substantial value to the goods. Services which includes a device, name, signature, word, letter, numeral or any combination thereof.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.

Proceeding of Trademark Registration
The application is filed at the Intellectual Property Office.
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 authenticated by any Consulate is not necessary.
Foreign applicants do need a domestic registration.
Foreign applicants need a local agent.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published once in a daily national newspaper prior to registration. The publication is weekly.
The approximate time frame for completing the registration process of a trademark in Trinidad & Tobago is from 8 months to two years.

Opposition Period
National:
The opposition period is 3 months from publication date of the application.
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 10 years from date of application. The registration is renewable for periods of 10 years.
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 5 years from registration, it may be subject to cancellation. It is also possible that a mark may be taken off the Register on the ground that there was no bona fide intention by the applicant to use the mark and there has been no bona fide use of the mark for a continuous period of three years.

Area Practice:

INTELLECTUAL PROPERTY

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