The law applicable to Trade Marks in Saint Lucia:

The principal law on trademarks in Saint Lucia is the Trademarks Act No. 22 of 2001. It provides for registration of trademarks and matters incidental thereto. It is supplemented by Trade Marks Regulations, the Trade Marks Regulations No. 17 of 2003.

No local use or intent to use is necessary prior to application but failure to use a mark within a period of three years will subject the mark to an action for cancellation, provided no such action is brought within five years from the date of registration.

Trademark registration process in Saint Lucia

The application for registration of a trade mark involves the filing of application Form 1, an Authorization of Agent Form 2 at The Registry of Companies & Intellectual Property (ROCIP) in Saint Lucia.

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.

After acceptance the application is published in the official Gazette after which there is a delay of 3 months to allow for any objections and after a further month the Certificate is issued.

The opposition period is 3 months after registration.

Timeframe

The entire process takes about 6 months as the application is first assessed by the Registry before filing.

 Saint Lucia guidelines for trademarks filing requirements:  

▪ 8 representations of the mark which are not to exceed 3” x 3.”

▪ describe any mark which contains colours and shapes; indicating which colours you want to claim. Indicate also any disclaimers or limitations.

▪ Do not staple applications on submission for filing as this interferes with the processing of the documents through Registry’s printer. We have been asked to use a paper clip instead.

▪ Paper size should be A4 or 8.5” x 11”

▪ Writing should be on one side only of the paper.

▪ the type setting must not be less than size 12 font.

▪ the signature of the person signing a document and the date must be placed on the last sheet of the document.

▪ the name of the person signing must be legibly written under or beside the signature. In the case of a company the title of the signatory must also be printed.

▪ the use of correction fluid is prohibited and such documents will not be accepted for filing.

▪ any alteration to a document BEFORE it is filed must be initialed in the margin of the document opposite to the alteration by the person who signs the document.

▪ documents must be filed in DUPLICATE and written in English.

▪ the Authorisation of Agent requires that it bear a seal or stamp of the company. If the company does not have a seal or stamp the Registry will accept the notarization of the document by a notary public (regs. 81 &107).  

▪ If the Authorisation of Agent is notarized the “Notarial Certificate” must be on a page by itself and should not be on the same page as the Authorisation.

▪ Item 5 of the Authorisation of Agent asks for the nationality of the Applicant. Some applicants state that “We are a company existing under the laws of…….” Do not state this. The nationality should be expressed simply as “American,” “British,” etc.

▪ The application Form 1 will be completed and signed by us as agent. We send it to clients if requested so that they can include the information required.

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

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