Antigua and Barbuda protects brands under the Trade Marks Act 2003 and Trade Marks Regulations 2006, administered by the Antigua and Barbuda Intellectual Property & Commerce Office (ABIPCO). You can secure protection through a national filing at ABIPCO or by designating Antigua and Barbuda via the Madrid System. Registrations run for 10 years from the filing date, are renewable every 10 years with a six-month grace period, and can be cancelled for non-use after three years.

At-a-glance

• Where you file: ABIPCO (Ministry of Legal Affairs). Contact details and website are listed in WIPO’s directory.
• Routes to protection: (1) National ABIPCO application; (2) Madrid designation of Antigua and Barbuda. UK re-registration is no longer available under current law.
• Classification: Antigua and Barbuda uses the Nice Classification (“International Classification”) and permits multi-class filings.
• Opposition: 3 months from first publication in the Official Gazette.
• Term & renewal: 10 years from filing, renewable every 10 years; 6-month grace for late renewal.
• Non-use vulnerability: Cancellation possible after 3 consecutive years of non-use, absent valid reasons.

Who administers trademarks in Antigua and Barbuda

ABIPCO is the national registry for trademarks and other IP. WIPO lists the address (Hewlett House, St. John’s Street, St. John’s), phone, and contact email for ABIPCO.

Legal framework

• Primary law: Trade Marks Act 2003 (Act No. 18 of 2003). It sets out filing requirements, examination, publication/opposition mechanics, a 10-year term from filing date, six-month renewal grace, and three-year non-use provisions.
• Regulations: Trade Marks Regulations 2006 (implementation and procedural detail, including Paris priority practice).
• Official publication: Notices appear in the Official Gazette.

Filing options: National vs. Madrid

National application (filed at ABIPCO)

When to choose: You want a stand-alone registration anchored in Antigua and Barbuda, with its own renewal cycle and enforcement.

What you need (typical):

• Applicant name and address, mark (word/logo), and Nice class list/specification (multi-class allowed).
• Authorization of Agent/Power of Attorney (often notarized).
• Statement/Declaration of intent to use (notarized).
• If claiming Paris/WTO priority, a certified copy of the earlier application filed within 6 months.

Examination & publication: Applications undergo formal/substantive examination; accepted marks are advertised for 3 months in the Gazette for opposition.

Madrid System (designate Antigua and Barbuda)

When to choose: You already use Madrid for multi-country coverage or prefer centralized management. Antigua and Barbuda acceded to the Madrid Protocol on March 17, 2000; ABIPCO supports Madrid e-filing and, since July 27, 2023, issues national registration certificates alongside WIPO’s grant of protection.

Opposition & term: Madrid designations follow the same 3-month opposition period and, if protected, yield a 10-year term with renewals aligned to local law.

What you’ll submit: documents and data

• Applicant & mark details: Owner name/address; word/device mark; list of goods/services by Nice class(es).
• Agent & declarations: Notarized Authorization of Agent/POA and Declaration of intent to use; notarized priority declaration and certified priority document if claiming priority.
• Madrid case: WIPO IR details; ABIPCO handles examination/notification locally and issues a national certificate upon grant.

Search, examination, publication, and opposition

Searching

Practitioners commonly conduct official/agent searches before filing. ABIPCO provides forms and practical materials; contact the Registry for search options and availability.

Examination

ABIPCO examines on absolute and relative grounds. After acceptance, the application is published for opposition in the Official Gazette.

Publication & opposition

Any interested person may oppose within three (3) months from first publication. Madrid designations are also subject to opposition on the same timeline.

Classification, multi-class filings, and services

Antigua and Barbuda follows Nice classification and allows multi-class applications (practitioner guidance confirms this; it’s reflected in ABIPCO practice and materials).

Term, renewal, grace, and non-use

• Duration: 10 years from the filing date; renewable every 10 years.
• Grace: 6 months after the renewal deadline (surcharge applies).
• Non-use: Vulnerable to removal if unused for 3 consecutive years post-registration, unless justified by special circumstances.

Fees: what to expect and where to verify

ABIPCO publishes materials and information; fee structures distinguish official fees (per class and action) from professional/agent fees. Always confirm current tariffs with ABIPCO or your local agent, and note that multi-class filings will have per-class increments.

How long does it take?

Recent practitioner sources report 18–24 months in smoother cases (publication backlogs can extend this), while other firms note up to ~4 years in slower cycles. Actual timing depends on examination results, publication scheduling, and whether opposition is filed.

How to file (step-by-step)

A. National filing at ABIPCO

1. Clearance search (recommended).
2. Draft the spec using Nice (classes 1–45); decide if multi-class makes sense.
3. Prepare documents: notarized Authorization of Agent/POA and Declaration of intent to use; priority documents if applicable.
4. File with ABIPCO; pay official fees. ABIPCO provides current forms and guidance.
5. Examination: respond to any office actions.
6. Publication: notice appears in the Official Gazette.
7. Opposition window: 3 months. If none (or once resolved), proceed.
8. Registration & certificate issued; docket renewals (10-year cycle + 6-month grace).

B. Madrid designation of Antigua and Barbuda

1. File/extend your International Registration via WIPO with AG designated; ABIPCO processes nationally.
2. Publication & opposition: 3 months after first local publication.
3. Grant of protection & national certificate issued by ABIPCO.
4. Maintain & renew in sync with local 10-year terms.

Maintaining and enforcing your mark

• Use it: Keep ordinary commercial use to avoid three-year non-use challenges; retain invoices, ads, and packaging as evidence.
• Watch the Gazette: Monitor for conflicting filings during the 3-month window.
• Keep records current: Record assignments or name/address changes promptly at ABIPCO.

Special points for Antigua and Barbuda

• No UK-basis re-registration: The prior UK-extension regime was repealed; today’s system is local + Madrid only.
• Priority: Paris/WTO priority is available; file within 6 months and supply the certified earlier application as required.
• Certificates for Madrid: Since July 27, 2023, ABIPCO issues national certificates for protected Madrid designations.

Conclusion

Brand owners targeting Antigua and Barbuda can choose a national ABIPCO filing or a Madrid designation. Expect a 3-month opposition period after publication and a 10-year registration term from the filing date, with a six-month grace for renewal and a three-year non-use rule. Build a clean, class-by-class specification, prepare notarized documents up front, and align your docket to local renewal timing to keep protection in good standing.

FAQs

Do I need prior use before filing in Antigua and Barbuda?

No. The modern regime is registration-based; you file with a declaration of intent to use. After registration, non-use for three years can expose the mark to cancellation, so plan to use the mark and keep evidence.

Can I file one application covering several classes?

Yes. Multi-class applications are accepted; weigh administrative simplicity against per-class fees and potential later maintenance.

How long does the process take?

Timelines vary with examination, publication, and any opposition. Practitioner reports range from ~18–24 months in smoother cases to up to ~4 years when publication backlogs occur.

What is the opposition period and where is it published?

Oppositions must be filed within 3 months of first publication in the Official Gazette. Your agent should monitor Gazette notices and respond quickly if an objection appears.

Can I use the Madrid System to protect my mark there?

Yes. Antigua and Barbuda is a Madrid member and ABIPCO issues a national registration certificate once protection is granted for your designation.

What happens if I miss the renewal deadline?

There is a 6-month grace period with surcharge. If renewal still isn’t completed, removal may follow; speak to your agent promptly about restoration options.

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