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特立尼達和多巴哥Trinidad and Tobago
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.
Applicants registering a trademark must be either a person or a company and must provide the name, address, and nationality (if a person) or state of establishment (if a company). The applicant must sign the application. In the case of a company, an authorised officer must sign on its behalf.
An applicant based outside of Trinidad and Tobago must designate a local representative in the application form.
The applicant must complete a Trademark Application form in duplicate and file it at the Intellectual Property Office (IPO) together with the payment of the prescribed fee. The application form can be obtained by following the link at the end of this section.
In the application form, the applicant must accurately describe the relevant goods and/or services and identify the class number in accordance with the Nice Classification of Goods and Services. Seven copies of the mark must accompany the application. If the applicant designates a representative in the application, an Authorisation of Agent must be submitted.
If the application is approved, the IPO will notify the applicant or representative of the approval and send the trademark to a designated daily newspaper for publication. That newspaper will contact the applicant or representative and request payment of the publication fee.
Trademarks are published every Wednesday in a daily newspaper. Third parties may oppose the trademark application within three months of its publication. After the expiry of the three-month period, if no oppositions were received, the Certificate of Registration is issued upon payment of the Certificate Fee. If a Notice of Opposition is received, the Applicant and the Opponent must file various documents and an opposition hearing is convened for a final determination of the matter.
If there are no corrections to be made to the application and no opposition to the application, the mark will be registered within six months of the filing of the trademark application.
Please note that the filing of a trademark application is not a guarantee that the mark will be registered. Only marks that fulfil the legal criteria for registration under the Trade Marks Act Chap. 82:81 are registered.
Yes. Trademarks may be searched at:
Intellectual Property Office
Ministry of Legal Affairs
3rd Floor Capital Plaza
11-13 Frederick Street
Port of Spain
Trinidad & Tobago
Tel: (868) 625-9972, (868) 625-1907, (868) 627-0706,
Fax: (868) 624-1221
Email: info@ipo.gov.tt
Opening hours: 8:30 am to 4:15 pm, Monday to Friday, except public holidays
24 hour hotline:+86 13588024949 BSI HOT-LINE:400-711-2005
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