How to register a trademark in Barbados? This overview provides a comprehensive guide to the trademark registration process, ensuring that parties interested in protecting their intellectual property in Barbados know the requirements, timelines, and procedures involved.

Trademarks – General Information

• International Agreements and Conventions: Barbados is a member of the Paris Convention, which facilitates priority claims for trademark registrations based on earlier filings in other member countries.

• Classification System: The classification of goods and services adheres to the 10th Edition of the Nice Classification. The filing system is structured around single-class filings, meaning a separate application is required for each class of goods or services.

• Registrable Marks: Trademarks, service marks, and collective marks are eligible for registration.

• Examination Process: Applications undergo both formal and substantive examination to ensure compliance with legal requirements. This process typically takes about 24 months.

• Publication and Opposition: Applications are published in the Official Gazette once accepted. There is a 90-day period following publication, during which opposition to the registration can be filed.

• Time Frame for Registration: From the filing to the issuance of registration, the process takes approximately 12 months, though it can extend up to 36 months in some cases.

• Registration and Renewal Terms: The initial registration term is 10 years from the date of registration, with the possibility of renewal for subsequent 10-year terms. Renewal applications can be filed within the last year of the current term, and there is a 6-month grace period for renewals after expiration, subject to a penalty

• Use Requirement and Cancellation: There is no requirement to demonstrate the use of the mark when filing. However, if a mark is not used for 5 consecutive years after registration, it may be subject to cancellation if a third party files a case with the courts.

• Recordal of Assignments and Licenses: Assignments and licenses must be recorded to be effective. The duration of licenses can be determined by the parties involved, and claiming goodwill upon assignment is optional.

• Search and Application Process: The trademark search process is computerized and can include searches for devices, taking about 5 days to complete. The method of conducting the search is streamlined to aid in determining the distinctiveness and registrability of the mark.

Application Procedure

• Optional: prior trademark clearance search is done to ensure that the mark is available for registration.
• Power of attorney/ Authorisation of Agent simply signed.
• Trademark particulars and applicant’s data.
• Image regarding design marks.
• List of goods and/or services.
• A certified copy of the priority document (if applicable).
• English translations of any document in a foreign language.

Fees

We provide some of the most affordable pricing options for trademark registrations. Contact us to find out.

Trademark Registration in Barbados

In Barbados, the trademark registration and protection legal framework is established by the Trade Marks Act, Chapter 319 of the Laws of Barbados, and the Trade Marks Regulations of 1984.

These laws outline the procedure for registering a trademark in the country, emphasizing adherence to the 10th Edition of Nice Classification.

Unlike some jurisdictions, Barbados does not permit multi-class applications. Instead, a distinct application is mandatory for each class of goods or services one wishes to register.

To initiate the trademark registration process in Barbados, applicants must file their application with the Director of the Intellectual Property Office. This step begins a typically lengthy process, with the Registrar of Corporate Affairs and Intellectual Property Office taking around two to three years to process a local trademark application.

Applicants have the option to claim priority under the Paris Convention, which is an essential feature for those seeking to secure their trademarks promptly. Upon successful registration, the Registrar’s Office issues a Certificate of Registration to the applicant.

Barbados operates on a ‘first-to-file’ basis for trademark registration, meaning that the rights to a trademark are granted to the first person who applies it, rather than the first person to use it. After the publication of the trademark application, there is a ninety-day period during which interested parties may file an opposition to the application.

A trademark in Barbados is valid for ten years from the application date and can be indefinitely renewed for additional ten-year periods.

To maintain the registration, the trademark owner must file for renewal twelve months before the current registration period expires, with a six-month grace period available after the expiration date.

However, if the renewal application is not filed within this timeframe, a new application for registration will be required.

Furthermore, it’s important for trademark owners to actively use their trademarks. If a trademark is not utilized within five years following its registration and there’s no justifiable reason for its non-use, it is at risk of being removed from the Register upon a third party’s application to the court.

This provision ensures that trademarks are actively used in commerce and not merely held for speculative purposes.