Trademarks Law in Trinidad and Tobago
Trademark law in Trinidad and Tobago is governed by the Trade Marks Act, No. 8 of 2015, which came into force on June 25, 2020. This modernized legislation aligns the country's trademark system with international standards and practices.
📝 Trademark Registration Process
Application Submission
Form Required: Complete Form TM-No. 2.
Details Needed:
Applicant's name and address
Nationality or state of establishment
List of goods and/or services (using the Nice Classification)
Clear representation of the trademark
Filing Fees:
TTD 1,400 for the first class
TTD 150 for each additional class
Submission Methods:
In person at the Intellectual Property Office (IPO)
Electronically via the WIPO File system (requires a WIPO File account)
Process: The IPO conducts a formal and substantive examination to ensure compliance with the Act and to check for conflicts with existing trademarks.
Outcome: If objections arise, the applicant has the opportunity to respond within a specified timeframe.
Publication: Accepted applications are published in the Trinidad and Tobago Gazette.
Opposition Period: Third parties have 3 months to file an opposition.
Outcome: If no opposition is filed, or if resolved in favor of the applicant, registration proceeds.
Registration and Certificate Issuance
Registration Fee: TTD 500
Certificate Fee: TTD 200
Validity: 10 years from the filing date, renewable indefinitely for successive 10-year periods.
Late Renewal: Possible within 6 months after expiry with an additional penalty fee.
🌐 International Protection via the Madrid Protocol
Accession: Trinidad and Tobago joined the Madrid Protocol on October 12, 2020, effective from January 12, 2021.
Benefits:
Trinidad and Tobago nationals can file a single international application to protect their trademark in multiple member countries.
Foreign applicants can designate Trinidad and Tobago in their international applications.
🧾 Key Features of the Trade Marks Act, 2015
Broader Definition: Recognizes a wider range of signs as trademarks, including shapes, colors, and aspects of packaging.
Well-Known Marks: Enhanced protection for well-known marks, even without registration.
Collective Marks: Provision for the registration of collective marks.
Non-Use Revocation: A trademark can be revoked if not used for 5 consecutive years.
Electronic System: Implementation of an electronic filing and record-keeping system.
Border Enforcement: Regulations to combat counterfeit goods at borders.
📌 Summary Table
| Feature | Details |
|---|---|
| Governing Law | Trade Marks Act, No. 8 of 2015 |
| Registration Authority | Intellectual Property Office (IPO) |
| Application Fee | TTD 1,400 for the first class; TTD 150 for each additional class |
| Examination Period | Approximately 4 months |
| Opposition Period | 3 months from publication |
| Registration Fee | TTD 500 |
| Certificate Fee | TTD 200 |
| Validity Period | 10 years, renewable indefinitely |
| Non-Use Revocation Period | 5 consecutive years |
| International Protection | Available via the Madrid Protocol |
| Electronic Filing | Supported through WIPO File system |
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