Governing Legislation: Trade Marks Act and Regulations, Cap.13.30
What You Need to Register a Trademark
- Trade Mark
- Must be a sign used, or intended to be used, to distinguish goods or services.
- “Sign” includes letters, words, names, signatures, numerals, devices, brands, headings, labels, tickets, packaging aspects, shapes, colours, or any combination thereof.
- Agent
- Must be a Saint Lucia attorney-at-law who acts on your behalf.
- Application
- Must contain a representation of the trade mark.
- Must specify the goods/services and the class(es) under the Nice Classification.
Required Forms
- Application for Registration (Form 1)
- Authorization of Agent (Form 2)
Steps to registering a trademark
– Appoint an agent who will submit the application and Authorization of Agent on your behalf. The minimal fee for lodging an application is $100.00 plus $5.00 for the authorization of agent. Fees will be higher depending on the type of mark and whether the application contains multiple classes.
– The application must include a representation of the trade mark that is sufficient to identify the trade mark. contain a representation of the trademark.
– The application must contain the class(es) of goods/services for which the trademark is sought to be registered.
– The trademark will contain other information such as the applicant’s details, whether colour is claimed, any limitations of disclaimers that need to be applied as a condition to the registration.
– The Registry will examine the application to decide whether the trade mark is capable of distinguishing the goods/services from those of other traders and this eligible for registration.
– The Registrar will issue an examination report as to whether the mark is accepted for registration or whether there are deficiencies in the application that need to be addressed.
– If the trade mark is accepted for registration, the acceptance will be published in the Gazette informing of same and inviting third parties to oppose the registration by filing Notice of Opposition with the Registry.
– At the end of the three-month opposition period, the Registrar will determine whether any oppositions were filed. If there is no opposition, the trade mark will proceed to registration and a certificate or registration will be issued to the applicant through the agent.
– if there is opposition to the registration of the trade mark, the opposition procedure will proceed until the registrar issues a decision or the parties (applicant and opponent) come to an agreement through negotiations.
Additional Information
The above information is a general summary of the trade mark registration process. For detailed requirements, consult a Trade Mark Agent/Attorney or visit: https://www.wipo.int/trademarks/en/