2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

Trade Marks Regulations – Section 200 (Statutory Instruments 17/2003 and 146/2020)

Statutory Instrument 17/2003 .. in force 1 April 2003

Amended by S.I. 146/2020 .. in force 21 September 2020

ARRANGEMENT OF REGULATIONS

PART 1
PRELIMINARY

1.Citation
2.Commencement
3.Interpretation

PART 2
TRADE MARKS AND TRADE MARK RIGHTS

4.Classification of goods and services
5.Period in which action for infringement may be brought

PART 3
APPLICATION FOR REGISTRATION

6.Applications: approved form
7.Applications: requirements for filing
8.Representation of trade marks
9.Specification of goods or services or both
10.Period for claiming priority for an application
11.How to claim priority
12.Publication of particulars of application
13.Examination of application: report to applicant
14.Examination: applicant's response to report
15.Examination: further report to applicant
16.Examination: additional requirements
17.Periods after which applications lapse
18.Deferment of acceptance
19.Period for which acceptance is deferred
20.Trade marks containing etc. certain signs
21.Divisional applications
22.Applications under Part 4
23.Request for expedited examination of application
24.Expedited examinations

PART 4
OPPOSITION TO REGISTRATION

25.Time for filing notice of opposition
26.Extension of time for filing; grounds
27.Extension of time for filing: applications
28.Extension of time for filing: grant of extension
29.Copy of earlier application to be available to opponent
30.Opposition proceedings
31.Evidence in support
32.Notice that opponent will not rely on evidence in support
33.Failure to file
34.Evidence in answer
35.Period for service of a copy of the evidence in answer
36.Notice that applicant will not rely on evidence in answer
37.Failure to file
38.Evidence in reply to evidence in answer
39.Notice that opponents will not rely on evidence in reply to evidence in answer and failure to file
40.Hearing of opposition
41.Extension of period to serve evidence and service of further evidence
42.Conduct of opposition proceedings generally
43.Registrar to give notice of dismissal of proceedings

PART 5
AMENDMENT OF APPLICATION FOR REGISTRATION OF A TRADE MARK AND OTHER DOCUMENTS

44.Amendment of applications by Registrar
45.Request to amend before publication of details
46.Filing of declarations
47.Notification of amendments

PART 6
REGISTRATION OF TRADE MARKS

48.Period in which a trade mark can be registered
49.Particulars to be entered in the Register
50.Period for request for renewal
51.Notice of renewal due: when and how given
52.Notice of renewal

PART 7
AMENDMENT AND CANCELLATION OF REGISTRATION

53.Notice of cancellation
54.Amendment or cancellation-matters for the court

PART 8
REMOVAL OF TRADE MARK FROM REGISTER FOR NON-USE

55.Applications for removal etc
56.Notification of applications
57.Notice of opposition to removal
58.Opposition proceedings before the Registrar

PART 9
ASSIGNMENT AND TRANSMISSION OF TRADE MARKS

59.Applications for assignment etc. to be recorded or entered
60.Recording of assignment etc,: trade marks not registered
61.Particulars of recorded assignment or transmission to be published
62.Recording of assignment etc. of registered trade marks
63.Notice to persons recorded as claiming right or interest in trade marks

PART 10
VOLUNTARY RECORDING OF CLAIMS TO INTERESTS IN AND RIGHTS IN RESPECT OF TRADE MARKS

64.Amendment of particulars: claimed interests or rights
65.Amendment of name, address and address for service: claims not in the Register
66.Cancellation of particulars; claimed interests or rights

PART 11
IMPORTATION OF GOODS INFRINGING SAINT LUCIAN TRADE MARKS

67.Notice of objection to importation: accompanying documents
68.Notice of objection to importation: authorised users
69.Period for compliance with Comptroller's request for information etc.

PART 12
CERTIFICATION TRADE MARKS

70.Copy of rules to be filed
71.Applications to vary rules
72.Assignment of registered certification trade marks

PART 13
DEFENSIVE TRADE MARKS

73.Evidence in support of applications

PART 14
ADMINISTRATION

74.(Revoked by S.I. 146/2020)
75.Delegates of the Registrar

PART 15
MISCELLANEOUS

Division 1
Applications and other documents

76.Compliance with instructions on approved forms
77.Filing of documents: requirements as to form
78.Filing of documents: common requirements
79.Filing of documents: treatment of non-complying documents
80.Filing of documents: date of receipt to be marked
81.Declarations
82.Declarations: additional material
83.Notification of service
84.Notice of withdrawal of applications etc.
85.Withdrawal of application etc.: Registrar's notice to applicants
86.Change of address for service: notice to interested persons

Division 2
Proceedings before the Registrar

87.Applications for costs
88.Determination of costs
89.Conduct of proceedings generally
90.Hearings by Registrar
91.Registrar not required to hold hearings
92.Evidence in proceedings
93.Documents not in English
94.Registrar may use information available
95.Statements of reason for decision

Division 3
General

96.What fees are payable
97.How fees are to be paid
98.Notice of non-payment of fee
99.Refunds etc, of fees
100.Extension of time: application
101.Extension of time: notice of opposition
102.Extension of time: opposition proceedings
103.Extension of time-prescribed acts and documents
104.Incapacity of certain persons
105.Destruction of documents
106.Direction not otherwise prescribed
107.Requirements cannot be complied with for reasonable cause
108.Forms generally
109.Form of documents
110.General

PART 16
TRANSITIONAL PROVISIONS

111.Application of the Act
112.Certain extensions of time continue
Schedule 1
Schedule 2
Schedule 3
Schedule 4
Schedule 6

Commencement [1 April 2003]