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Trademark Registration in
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| Commonwealth of Dominica |
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Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. It is the first to use rather than the first to register who has the superior right. Prior use, however is not required; an applicant only needs to declare an intent to use.
Classification
Nice classification, 11th edition
What is registrable as a trademark
Registrable as a trademark are traditional types of trademarks, i.e. words, slogans and designs, but not aromas, etc. A mark is defined as “any visible sign capable of distinguishing the goods…or services…of an enterprise.”
The following trademark types are registrable: trademarks, service marks, collective marks and trade names.
Dominica Trademark Registration Proceedings
· -The application is filed at the trade marks registry in Roseau, Dominica
· -Multi-class applications are possible.
· -Paris Convention Priority is available.
· -A notarized power of attorney is necessary. General powers of attorney are not permitted by the registry.
· -Each application requires a separate, signed authorization form, that identifies each mark's respective class(es) and goods or services.
· -The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
· -After formal examination and acceptance, the mark is published for Opposition.
The processing time from first filing to registration is approximately nive months to one year.
Before filing a trademark application in Dominica, it is advisable but not necessary to perform a search with the Dominican Intellectual Property Office in order to verify if there is any prior application/registration for an identical or confusingly similar trademark on behalf of another party. If a prior search is not carried out, it will be done upon examination by the Intellectual Property Office.
The Authorization of Agent form should be signed in the presence of a witness; the witness must complete the Affidavit of Due Execution and the witness should sign in the presence of a Notary Public.
If mark is represented by logo, design, or label, six additional copies of the representation should be filed. The size of the mark should not exceed 8.5cm x 10cm.
The application shall contain information:
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allowing the identity of the applicant to be established;
- allowing the
applicant or its representative, if any, to be contacted by the Registrar;
- that the mark is
being used or a declaration of intention to use the mark;
- stating the name
of the country of which the applicant is a national or resident.
The application may contain information that-
The applicant wishes to claim color as a distinctive feature of the mark, provided that the applicant must also indicate the name or code of the color claimed and an indication, in respect of each color, of the principal parts of the mark which are in that color.
Priority Certificate (if applicable). An applicant for registration of a mark who claims priority of an earlier application, by reason of an application made in or for a State party to the Convention or a member of the World Trade Organization shall, within three months of the date of the application in Dominica, file with the Registrar a copy of the application upon which the claim of priority is based duly certified, to the satisfaction of the Registrar, by the Trade Marks Office of that State.
Please note that foreign words or symbols being used as trade marks should be translated in English. It is important to note that if the English version of the foreign mark has already been registered, the foreign mark cannot be registered.
Once the application has been filed, a formal examination will be undertaken by the Intellectual Property Office wherein verifications will be done in relation to the filing of the all the necessary documents and the payment of the appropriate fees.
The application is then published in the monthly Journal for opposition purposes. A person who wishes to oppose an application for the registration of a mark shall, within two months from the date of first publication of the application, inform the Registrar of his opposition by filing a Notice of Opposition in Form 3 accompanied by the notice of opposition fee.
Registration is for the term of 10 years. A request for a renewal must be made six months prior during the last year of the final term of the registration. If the request is not made before the expiry of the registration, the applicant can make a further request within six months when the renewal, publication and late fee will be paid.
Documents and information required required at filing stage for trademark registration in Dominica:
Duly executed original Authorisation of Agent with Affidavit of Due Execution or Notarial Certificate
Authorisation of Agent form should include:
- the full
name and address of the agent being appointed;
- the service or services that is required to be done by the agent;
- the trademark mark;
- the classes and the list of goods and or services;
- a notarial Certificate or Affidavit of Due Execution; and
- a certified English translation when the document or any part thereof is in a
language other than English
- Foreign words or symbols used as trade mark should be translated in English.
- Copies of mark/design. Colour claim (Yes/No). Please provide Pantone code
information.
- Is the mark proposed to be used or being used?
Estimated registration time: 9 – 12 months.
Opposition period
National:
The opposition period is 2 months from the date of publication of an application.
Trademark duration
A trademark
registration is valid for 10 years from the filing date of application. It can
be renewed for further periods of 10 years. Trademarks registered before
February 2, 2009, keep their term of 14 years until their next renewal. Renewal
of local registrations will involve re-classification from the old British to
the International Classification system.
If you would like to know the trademark registration process of
Dominican Republic ? Click on
here!
WE OPERATE ACROSS THE CARIBBEAN, LATIN AMERICA AND AFRICA
We are active in all areas of prosecution, registration, and enforcement
of intellectual property rights, and provide a full range of related legal and
IP management services. Our head office of Dominican Republic provides IP
services in the above regions through our widely established network of
associate partners.
OUR JOB IS PROTECTING YOUR TRADEMARK
Enhancing Your IP Rights
Through A Full-Service IP Firm
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