General trademark information of Montserrat

A trade mark can be registered in Montserrat either under the national system or per the extension of an existing UK registration to Montserrat. The latter has the advantage of attracting the wider protection offered by UK legislation. It takes 6 months for a trade mark to be registered in Montserrat under the national system and 3 months for a UK registration to be extended to Montserrat.

The registration application cannot be filed without an original notarised authorisation of agent. The IPO will not accept a photocopy of it. As the IPO is exacting about its correct completion and will not permit us to amend any errors it may contain, we suggest that you complete and send it to us by email for our review prior to its execution. The capacity of the person signing on behalf of the proprietor must be disclosed in the authorisation of agent.

If the mark is based on a UK registration, a certified copy of the UK registration is also required.

Type of Filings: Both national applications and applications for the re-registration of UK trade mark registrations are accepted.

Priority: Paris Convention Priority cannot be claimed. Montserrat is not a party to the Paris Convention.

Single or multi-class: Both single and multi-class applications are accepted

Classification: Nice Classification

Protection of goods and services: Both goods and services may be protected

Terms of initial registration:

•             10 years from the filing date for national registrations, which is also deemed to be the effective date of registration

•             UK re-registrations expire on the same date as that of the underlying UK registration unless renewed for further 10-year periods

Renewals:

•             Due every 10 years with a 6-month grace period for national registrations

•             UK-based registrations may be cancelled by the Registrar if not renewed within 3 months of the UK expiry/renewal deadline

•             Restoration is also possible in respect of national registrations if filed within 6 months of the expiry of the grace period/removal from the Register if, having regard to the circumstances of the failure to renew, it is just to renew

•             The Registrar also tends to allow an additional discretionary 6-month restoration period in respect of UK re-registrations as a matter of practice, although this is not provided for by law

Typical documentary requirements and formalities for key filings:

•             Original notarised Authorisation of Agent per application/registration with details of mark / logo specified

•             Original notarised accompanying documents where relevant to the particular type of filing to be made, e.g.

o             Assignment or licence agreements

o             Official Registry forms to be signed by the applicant or relevant parties to the assignment / merger

o             Companies Registry certificates certifying changes of name / address / mergers

o             Affidavits or declarations certifying changes of name / address / mergers

•             UK-based applications/renewals/recordals: A certified hard copy of the underlying UK registration issued by UK IPO is also required in addition to the above

Note: All documents must be signed by a director/officer/employee or general counsel of the proprietor and their capacity must be clearly stated on the Authorisation of Agent.  If, on the other hand, an authorised signatory or attorney who is not an employee, director or officer of the proprietor signs, then a notarised true copy of the original Authorisation or Power granted from the proprietor to the authorised signatory or attorney must also be provided, as well as a notarised sworn declaration.

Observations: Montserrat’s Registry is efficient at processing applications within 6 months or less, but the formality requirements and amount of paperwork can be onerous compared with some of the other Caribbean countries.

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