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673.   Registrable trade marks

Revised Laws of Saint Lucia (2021)

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673.   Registrable trade marks

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    (1)   A registrable trade mark must contain or consist of at least one of the following essential particulars—

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      (a)      the name of a company, individual, or firm represented in a special or particular manner;

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      (b)      the signature of the applicant for registration or some predecessor in his or her business;

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      (c)      an invented word or invented words;

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      (d)      a word or words having no direct reference to the character or quality of the goods or services, and not being according to its ordinary signification a geographical name or a surname;

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      (e)     any other distinctive mark, but a name, signature, or word or words, other than such as fall within the descriptions in the above particulars (a), (b), (c) and (d), shall not, except by order of the Crown Attorney or the Court, be deemed a distinctive mark,

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    Provided always that any special or distinctive word or words, letter, numeral, or combination of letters or numerals used as a trade mark by the applicant or his or her predecessors in business before the commencement of this Code, which has continued to be used (either in its original form or with additions or alterations not substantially affecting the identity of the same) down to the date of the application for registration shall be registrable as a trade mark under this Title.

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    (2)   For purposes of this article “distinctive” means adapted, in relation to the goods or services in respect of which a trade mark is registered or proposed to be registered, to distinguish goods or services with which the proprietor of the trade mark is or may be connected in the course of trade from goods or services in the case of which no such connection subsists, either generally or, where the trade mark is registered or proposed to be registered subject to limitations, in relation to use within the extent of the registration.

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    (3)   In determining whether a trade mark is adapted to distinguish as aforesaid the tribunal may have regard to the extent to which—

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      (a)      the trade mark is inherently adapted to distinguish as aforesaid; and

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      (b)      by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact adapted to distinguish as aforesaid.

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      (Amended by Act 14 of 1989)

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