General trademark information of Saint Kitts and Nevis

Classifications/Specification
Class headings are not acceptable in jurisdiction. Applicants are required to consultant the alphabetical listing of the NICE classifications as last amend, qualifying the goods and services to be covered where applicable. 

Registration timeframe in Saint Kitts and Nevis
Additionally, we must advise that prior to mid-2009 the estimated timeframe for filing and completion of new marks was approximately 3-6 months or sooner. However, as a result of the IP legislation of 2000 not yet being regularized, the IP Office had for a period of up to two years only provided an Acknowledgement Receipt for new applications, with publication in the local Gazette and the issuance of Certificates of Registration suspended. While publication resumed in the official Gazette in or about January 2013, it was only with limited publication of marks and no official notice from the IP Office as to how they were proceeding. As of January 2014 full resumption of publication has taken place, however, agents have still not been advised on how the IP Office is proceeding. Based on some of the marks we have submitted it appears they are proceeding in a random manner. 

Trademark registraton requirements in the federation of st. Kitts & nevis
In order to submit application for the registration of a trademark in the Federation of St. Kitts and Nevis the following documents are required:-

1. Original Power of Attorney;

2. Original Statement “A”;

3. Original Declaration;

4. 10 prints/designs of the mark (if applicable); and

5. Certified Priority Document (if applicable).

Power of attorney
(i) General Powers of Attorney (POA) are not applicable in our jurisdiction as such a new Power of Attorney is required for each new IP process to be filed. The attached precedent is the standard Power of Attorney format for all IP matters, with the applicable process highlighted; and

(ii) One Power of Attorney can be used for filing more than one mark if they are filed at the same time and for the same applicant.  

Legalization requirements
(i) The Power of Attorney, Statement “A” and Declaration must be signed, dated, and witnessed in the presence of a notary public who must affix his/her seal of office;

(ii) Where priority is being claimed a certified copy of the priority document is required, if the original is not being filed; and

(iii) Documents not in English must be accompanied with a certified English translation.  

Declaration
(i) One Declaration can be used for filing more than one mark if they are filed at the same time and for the same applicant;

(ii) Declaration being submitted on behalf of entity, must clearly state the same being sworn to on behalf of the entity. For example, where someone is holding an office/position such as a General Counsel and has authorization to sign the document, the first statement of the Declaration should read “I am the General Counsel of company “XYZ” and make this Declaration on behalf of the company; and

(iii) Where Priority is being claimed, the Declaration would vary as the Declaration to be filed for the priority applicant must contain a statement that the applicant intends to rely on priority with information of the first filing duly listed. Applicants must thereafter provide the IP Office with

the original and or certified copy of the Priority document within three (3) month, failing which the applicant will forfeit their priority claim for the particular filing in our jurisdiction.  

Statement “a”
(i) One Statement “A” can be used for filing more than one mark if they are filed at the same time and for the same applicant, and specifically, if the class and or classes to be covered are identical in class number and specification for more than one mark.

Dating of documents
(i) The “A.D.” as outlined on the top of the required Power of Attorney, Statement “A” and Declaration (and at any other areas of the said documents) must be changed to reflect the year of execution (that is, the year of signing).

Precedents (i) Precedents of the Power of Attorney, Statement “A” and Declaration are attached in PDF format. Upon confirmation that we have been selected to carry out the filings, MS word formats of the documents will be forwarded.  

Completion of required documents
If assistance is required with completing the required documents we can assist at no additional cost. However, we will require all the relevant details, that is, name and address of applicant, class specification, name of mark/device et al. When forwarded and the documents are being completed on your end, kindly ensure that any areas not applicable, be removed and any areas with comments be addressed accordingly. No blanks spaces are permitted on the said documents.

Formality/ substantive examination procedures for trademarks in Saint Kitts and Nevis
The prospective mark will be examined by the IPOSKN to ascertain whether it meets the requirements of the Marks, Collective Marks and Trade Names Act (Cap. 18.22). A mark cannot be registered if it is:

A. Incapable of distinguishing the goods and services of one enterprise from another

B. Contrary to public order or morality

C. Likely to mislead the public or trade circles, in particular, as regards the geographical origin of goods or services concerned or their nature or characteristics;

D. identical to, or is an imitation of, or contains as an element, an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name of or official sign or hallmark adopted by, any State, inter-governmental Organisation or Organisation created by an international convention, unless authorised by the competent authority of that State or Organisation;

E. Identical to, or confusingly similar to, or constitutes a translation of, a mark or trade name which is well known in Saint Christopher and Nevis for identical or similar goods or services of another enterprise, or if it is well-known and registered in Saint Christopher for goods or services which are not identical, or similar to those in respect of which registration is applied for, provided, in the latter case, that (i) use of the mark in relation to those goods or services would indicate a connection between those goods or services and the owner of the well-known mark; and

(ii) the interests of the owner of the well-known mark are likely to be prejudiced by such use; or

F. identical to a mark belonging to a different owner and already on the Register, or with an earlier filing or priority date, in respect of the same goods or services or closely related goods or services, or if it so nearly resembles such a mark as to be likely to deceive or cause confusion.      

It is important to note that:
◦ All documents in a foreign language must be accompanied by certified translations in English. Translator must verify that the translation is, to the best of his or her knowledge, complete and faithful. (s.18)

◦ If the mark contains elements that are too generic or commonplace for the particular class, the IPOSKN will require the applicant to complete a disclaimer in which they declare that they do not claim exclusive use to the element of concern

◦ The IPOSKN will conduct a search of registered marks to ascertain whether any prior rights would be affected.

Publication and registration for trademarks in Saint Kitts and Nevis
1. If the prospective mark passes the formalities tests, it will proceed to publication in the official Gazette for a period of three months. During that time, any interested person can file a notice of opposition with our Office in which they should outline reasons why they object to the registration of the prospective mark. If such an objection is duly submitted, the applicant will be given an opportunity to respond and the Registrar will make a determination on whether the mark should be registered.

2. If no notices of opposition are received, the proposed mark is ripe for registration. The applicant will then be required to pay the registration and certification fees forthwith, if he has not done so before. On receipt of those funds, the mark will be registered and a certificate of registration issued.

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

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