Intellectual Property

TRADEMARKS

What is a Trade Mark?
Why should I have a Trade Mark?
The benefits of Registration of a Trade Mark
Do I have to register my Trade Mark?
Are all trade marks registrable?
Searching the Register
Collective marks and Certification marks
Trade marks and business names
Trade marks and Domain Names
How do I register my trade mark?
Requirements of the application
Are there any other costs?
How long will a registered trademark be in force?
Does registration in Barbados give my mark protection abroad?
Important Points

What is a Trade Mark?

A trade mark is often referred to as a "brand" or "brand name". A trade mark can apply to goods and/or services. A trade mark used in connection with the provision of services may also be referred to as a "service mark."
A trade mark is a visible sign that can, in the course of trade, distinguish the goods or services of one trader from those of other traders. Such visible signs may include words, including names, signatures, colours, designs, letters, numbers and the shape of the goods or their packaging or any combination of these.

Why should I have a Trade Mark?

By distinguishing your goods or services from those of other traders, a trademark is probably the single most valuable marketing tool that most traders can have.

The benefits of Registration of a Trade Mark

As the owner of a registered Trade Mark, you:
* Have the exclusive right to use your registered trade mark as a brand name, for the goods and services specified in the registration
* Have the exclusive right to authorize other people to use your registered trade mark for the goods and services specified in the registration
* Have a registered trade mark which is personal property and can be sold
* Can stop other people from using your trade mark as their brand name, on the goods or services of your trade mark registration.

Do I have to register my Trade Mark?

No. Registration is not compulsory but without registration a trade mark owner cannot bring an action in court for infringement to protect the trade mark. Suing for infringement of a registered trade mark is much simpler than launching a common law action for passing off to protect an unregistered mark.
Traders are therefore advised to register their trade marks where possible.

Are all trade marks registrable?

No. Trade marks which are, or are confusable with, words or symbols which other traders or service providers in the same field should be free to use in the normal course of their business will not be registered as a trade mark. For instance the word BANK alone is not registrable as a trade mark for banking and financial institutions.

Searching the Register

Before you apply to register a trade mark you should check the Register of Trade and Service Marks to find out if anyone one is has already applied for or has registered your trade mark. The owner of a registered trade mark can take legal action anyone who is using a trade mark that is the same or similar to theirs for the same or similar goods or services.
However, two identical or similar trade marks can be registered if the goods or services they cover are so different that people would never think they came from the same supplier.
The trade mark Register can be searched at the Corporate Affairs and Intellectual Property Office, Belmont Road, St. Michael. There is no cost for a search of the Register.

Collective marks and Certification marks

In addition to trade marks identifying the commercial source of goods or services, several categories of marks exist.
Collective marks are owned by an association whose members use them to identify themselves with a level of quality and other requirements set by the association. Examples of such associations would be those representing accountants, engineers, or architects.
Certification marks are given for compliance with defined standards, but are not confined to any membership. They may be granted to anyone who can certify that the products involved meet certain established standards. The internationally accepted "ISO 9000" quality standards are an example of such widely recognized certifications.

Trade marks and business names

A trademark will not be registered if the same or a similar business name is on the Business Name Register and the business trades in the same or similar type goods and services for which the trade mark is requested. The consent of the owner of the Business name must be obtained before the trade mark will be registered

Trade marks and Domain Names

A domain name is a site address on the Internet. Many persons also seek to register their domain names as a trade mark in several countries. In registering a domain name as a trade mark in Barbados, the generic top- level domain name (gTLDs) such as .com, .int, .net, .org, must be disclaimed since exclusivity cannot be given to these gTLDs.

How do I register my trade mark?

An application for registration of a trade mark must be filed at the Corporate Affairs and Intellectual Property Office, Keith Bourne Complex, Belmont Road, St. Michael.

Requirements of the application:

The application must contain a clear reproduction of the sign filed for registration, including any colours, forms, or three-dimensional features. The application must also contain a list of the goods or services to which the sign would apply. The list of goods or services must fall under one class as set out in the Nice Classification. http://classifications.wipo.int/fulltext/nice

The sign must fulfill certain conditions in order to be protected as a trade mark.
For instance, the sign must be distinctive, so that consumers can distinguish it as identifying a particular product or service, as well as from other trade marks identifying other products or services. It must neither mislead nor deceive customers or violate public order or morality.
Finally, the rights applied for cannot be the same as, or similar to, rights already granted to another trademark owner. This may be determined through a search and examination done at the Office or by the opposition of third parties who claim similar or identical rights.
The cost of an application is $75 plus $25 if you are using an agent. 5 copies of the mark must be submitted along with the application.
Upon approval the mark will be advertised in the Official Gazette which will cost between $100 - $150 per mark. Anyone having an objection to the mark as advertised must file a formal notice of opposition at the office within 90 days of the publication.

Are there any other costs?

You are advised to obtain professional help. If you use a trade mark agent or attorney-at-law then their fees will have to be added to those payable to the office.

How long will a registered trademark be in force?

Indefinitely. A trade mark is registered for 10 years and can be renewed every 10 years. The renewal fee is $50 for each class.

Does registration in Barbados give my mark protection abroad?

No. But registration in Barbados can be used as evidence abroad of the trade mark's international reputation.

Important Points:

* You can use your trade mark before it is registered if no one else is using the trade mark on similar goods or services
* Although the letters 'TM' can be used with your trade mark at any time, the (R) symbol may only be used with a registered trade mark
* A trade mark is not registered as soon as you file your application. The application must be examined first. You cannot claim that the trade mark is registered until you receive the Certificate of Registration.
* If your trade mark is registered, the protection given by registration is from the date you filed your application - and not from the date it was examined or accepted.


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