General trademark information of Grenada

Legal basis is the Trademarks Act, 2012 in force since August 1, 2012.

Grenada is not a member of the Madrid Agreement or the Madrid Protocol.
In an amendment to the new Act, both the Merchandise Marks Act 1899 and the Registration of United Kingdom Trade Marks Act, which dates from 1939, were repealed and UK-based applications are no longer possible.
Any existing UK-based trademark that was registered in Grenada before the commencement of the new Act shall continue to have effect as if registered under the new Act.
All applications that were filed and remained pending under the repealed Act are being treated as applications under the new Act.
The new Act confirms that nothing in it shall affect the common law right of action for passing off or related remedies.
An English common law jurisdiction, Grenada is identical to other common law nations in that it accords priority to the first to use over the first to file.
Trademark protection is obtained by registration.
Well-known marks are recognized. Prior use in Grenada is not necessary.

Grenada trademark requirements:

•           A search must be conducted on all marks to ensure availability and status.

•           Every Application filed must be accompanied by an Authorisation of Agent form (form 6). Where the owner of the mark is a company, the seal of that company is required to be affixed on the form. There is no requirement for the notarization or legalization of this form.
The Registrar may require proof that a person signing on behalf of a partnership, company or association is duly authorized to do so.

•           A copy of the specimen or word mark is required for the “trademark” to be registered.
4 prints of the Trade Mark provided the mark is not a word mark.  Please note that the prints must not exceed 8cm X 8cm or 3 inches by 3 inches in jpg or pdf format. 

•           Class description is required upon registering a trademark (to advise the services or products to be covered under the trademark (same can be reviewed on WIPO  website).
List of goods and services for which registration is requested, listed under the applicable class or classes of the International Classification3, multiple-class applications are allowed.

The International Classification is contained in the most current Edition of the Nice Agreement.
Please note that the application form requires the telephone number, fax number, and email address of the applicant.
Also, country of residence in the case of an individual, and nationality and in the case of the company the principal place of business.  

Length of registration process and period of validity of a trademark in Grenada:
An application for registration of a trademark under the Trademarks Act No. 1 of 2012 must be made to the Registrar of Trademarks.

The application process will include preparation of the relevant documents, filing at the Corporate Affairs & Intellectual Property Office (CAIPO) of Grenada, advertising in the Government Gazette to ensure there is no opposition to the mark and issuing of the certificate of registration.

The official filing receipt can be obtained within 15 business days after the application is submitted.

A search must be conducted to confirm availability of trademark before application can be filed for registration.

Every application for registration is subject to the payment of the prescribed fees. The official fees are now required to be paid at the time of filing of the application at the Registry. Once your instructions are received, an invoice will be prepared and on payment of the official fees, the application will then be processed.

Upon such application being lodged, together with the documents mentioned above, the Registrar shall enter the prescribed particulars in the Register of Trademarks.

The Registrar shall then cause the application for registration to be published in the Government Gazette. The opposition period is 1 month from the date of publication of the trademark application in the Official Gazette. It is possible to apply for an extension for the filing of a notice of opposition.

Once the Registrar finds that the conditions set out in the Act are met, the Registrar shall issue a Certificate of Registration to the applicant, who shall then be registered proprietor in Grenada of the trademark in respect of the goods or services entered in the Register. The exclusive right to a trademark shall be acquired by registration in accordance with the Act. A fee is now payable on the issuance of the Certificate of Registration.

Fees are payable in US currency at our offices. All legal fees MUST be paid in full before the original Certificate is delivered.

The entire process is estimated at a length of approximately 6 months or less.  

Priority:
An applicant may contain a declaration of priority as provided for in the Paris Convention of an earlier national or regional application filed by the applicant or his predecessor in title. The registrar may require the applicant to furnish a copy of the earlier applicant certified as correct by the registry with which it was filed.

Trademark duration:
On the issue of a Certificate of Registration, a trademark is protected for a period of 10 years from the date of filing and can be renewed within 6 months of expiry of the validity period.
Protection begins with the date of application. The registration is renewable for periods of ten years.
All current registrations will run for the full remainder of their existing terms and thereafter be renewed for periods of ten years, with reclassification of goods and services at the time of renewal if appropriate.

Requirements for trademarks procedures in Grenada:
Renewal
1) Authorisation of Agent.
2) A replica of the trademark and the details of the prior registration in Grenada, namely the Registration Number.

Change of Proprietor’s Name and or Address
1) Authorisation of Agent.
2) The original or a certified copy of the document evidencing the respective change. All documents are required to be replicated in English.

Assignments/Change in Ownership
1) Authorisation of Agent.
2) The original or a certified copy of the document evidencing the assignment (namely a deed of assignment) or the document evidencing the change in owner.

Trademark Oppositions:
The Act provides for the opposition of registration of a trademark. Notice of opposition has to be sent to the Registrar who shall send it to the applicant. The applicant will have an opportunity to file a counter-statement.  

Please contact us immediately should any conflict relating to your trademark registration arise.

*Depending on the nature of your request, the Registrar of Trademarks may request additional documentation or specific legalization of respective documents.

*A certificate will be provided by the Registrar of Trademarks for every successful application filed.

If you would like to know the trademark registration process of Guadeloupe ? Click on here!

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