General trademark information of Guyana

Classification
The 11th edition of the Nice Classification applies to UK-based applications and covers goods and services in classes 1-45. For local applications, International classes 1-34 apply as provided in the Trade Mark Rules and may be used to register goods only.

What is Registrable as a Trademark?
A mark is defined to include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof. Any mark deemed registrable by the UK IPO would be deemed registrable by the local registry if applying on the basis of that UK mark.

The following trademark types are registrable: trademarks, service marks, and certification marks. There is no provision for collective marks.

Registration Proceedings in Guyana:
The application is filed at the Deeds Registry.
Multi-class applications are possible if the application is based on a prior UK registration. However, for applications within the local system, a separate application must be filed for each class. In addition, it is not possible to register service marks under the local system.
UK-based applications may include goods in any number of classes – however the number of classes will mirror the underlying UK registration.

A power of attorney form is required – this form must be signed and notarized. No legalization is required. For local applications, Statement A and Declaration forms are also required – these forms must also be signed and notarized.

The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published once in the official gazette prior to registration.

The approximate time frame for completing the registration process of a trademark in Guyana varies greatly – however, UK-based applications are typically completed within 12-18 months. Local applications may take as long as several years to proceed to registration.

The following is the Trademark filing requirements of Guyana:

1.      Submit trademark application to Commercial Registry, Intellectual Property Office. The application must include the following:

(a)   Name and address of the Company or person registering the trademark;
(b)   Authorisation to agent in Guyana (Power of Attorney) with original signature and stamp of applicant (notarisation not required)
(c)   Names of Partners/Directors of the Company;
(d)   Class of business of the Company
(e)   Name of the trademark
(f)    5 prints of the trademark - device or word.
(g)   Logo: specified colours and if you will be claiming all or part of the colour.

The application takes appropriately two weeks to process. 

2.      Commercial Registry, Intellectual Property Office reviews the application and sends it within two weeks to the Official Gazette to be published and advertised, inviting oppositions.
3.      It is then advertised in the Official Gazette ten (10) days after receipt.
4.      Waiting period of one month for objection or opposition after advertisement in the Official Gazette.
5.      If no opposition, after the one month waiting period, the fee for Registration and other related fees as necessary are then paid.
6.      The Registrar inserts the particulars of the mark in the Register and issues a Certificate of Registration bearing the seal of the Patent Office.

Opposition Period in Guyana:
The opposition period is one month from the publication date of the application.

Trademark Duration:
Protection begins with the date of application for local applications. A local trademark registration is valid for seven years from the date of application. A local registration is renewable for periods of 14 years. On the other hand, any mark that is registered based upon an existing UK registration has a term that is identical to that of the corresponding UK registration.

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

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