The Trade Marks Act, Cap 90:01, has been in effect since 1952 and serves as the primary legislation governing trademark registration and protection in Guyana.
It’s important to note that Guyana is not a participant in the Madrid Agreement and the Madrid Protocol.
To initiate the trademark registration process in Guyana, applicants must apply to the Deeds Registry, which oversees the entire registration procedure.
Reasons and Steps for Trademark Registration in Guyana
To safeguard a trademark within the borders of Guyana, it is imperative to complete the registration process locally, managed by the trademark office under the jurisdiction of the Ministry of Legal Affairs of Guyana.
The registration of a trademark for products in Guyana can be accomplished through two avenues. It can be directly registered with the trademark office as an independent registration or extended from an existing trademark registration in the United Kingdom. Product trademarks fall within classes 01 to 34 of the Nice Classification System.
Any mark deemed eligible for registration by the UK IPO would similarly qualify for registration in Guyana when applying based on the UK mark.
For applications originating in the UK, Nice Classification applies and encompasses goods and services across classes 1-45. For local applications, the Trade Mark Rules dictate the use of International classes 1-34, specifically for the registration of goods.
If you intend to register a mark for services (a service mark) in Guyana, it’s important to note that direct local registration is not an option. In such instances, you must have already registered the service mark in the United Kingdom and then proceed to extend that trademark to cover Guyana. Service marks typically fall under classes 35 to 45 of the Nice Classification System.
Multi-class applications are permitted when based on a prior UK registration. However, within the local system, separate applications are required for each class.
Third parties have a one-month window from publication to file opposition actions against a trademark application in Guyana.
In Guyana, trademarks registered locally are valid for seven (07) years from the date of application. These registrations can be indefinitely renewed for fourteen (14)-year periods. Conversely, marks registered based on existing UK registrations maintain the same terms as their corresponding UK registrations.
It’s essential to be aware that a one-month grace period for trademark renewal after the expiry date is subject to a penalty.
Finally, the term for cancellation of a registered trademark due to non-use is five (05) years from the registration date.
