- SAINT VINCENT AND THE GRENADINES TRADE MARKS REGULATIONS, 2004
- ARRANGEMENT OF REGULATIONS
- PART I—PRELIMINARY
- PART 2—TRADE MARKS AND TRADE MARK RIGHTS
- PART 3—APPLICATION FOR REGISTRATION
- Application for registration: prescribed form
- Applications: requirementsfor filing
- Representation of trademarks
- Specification of goods or services or both
- Period for claiming priority for an application
- Publication of particulars of application
- Mode of publication
- Examination of application: report to applicant
- Examination: applicant’s response to report
- Examination: further report to applicant
- Examination: additional requirements
- Periods after which application lapse
- Deferment of acceptance
- Period for which acceptance is deferred
- Trade marks containing certain signs
- Divisional application: prescribed forms
- Period for filing divisional application
- Request for expedited examination of application
- Expedited examinations
- PART 4—OPPOSITION TO REGISTRATION
- Time for filing notice of opposition
- Extension of time for filing: grounds
- Extension of time for filing: application
- Extension of time for filing: grant of extension
- Copy of earlier application to be available to opponent
- Opposition proceedings
- Evidence in support
- Notice that opponent will not rely on evidence in support
- Failure to file
- Evidence in answer
- Period for service of a copy of the evidence in answer
- Notice that applicants will not rely on evidence in answer
- Failure to file
- Evidence in reply to evidence in answer
- Notice that opponents will not rely on evidence in reply to evidence in answer and failure to file
- Hearing of opposition
- Extension of period to serve evidence and service of further evidence
- Conduct of opposition proceedings generally
- Registrar to give notice of dismissal of proceedings
- PART 5—AMENDMENT OF APPLICATION FOR REGISTRATION OF A TRADE MARK AND OTHER DOCUMENTS
- PART 6—REGISTRATION OF TRADE MARKS
- PART 7—AMENDMENT AND CANCELLATION OF REGISTRATION
- PART 8—REMOVAL OF TRADE MARK FROM REGISTER FOR NON USE
- PART 9—ASSIGNMENT AND TRANSMISSION OF TRADE MARKS
- PART 10—VOLUNTARY RECORDING OF CLAIMS TO INTERESTS IN AND RIGHTS IN RESPECT OF TRADE MARKS
- PART 11—IMPORTATION OF GOODS INFRINGING VINCENTIAN TRADE MARKS
- PART 12—CERTIFICATION TRADE MARKS
- PART 13—DEFENSIVE TRADE MARKS
- PART 14—ADMINISTRATION
- PART 15—MISCELLANEOUS
- Division I—Applications and other documents
- Compliance with instructions
- Filing of documents: requirements as to form
- Filing of documents: common requirements
- Filing of documents: treatment of non-complying documents
- Filing of documents: date of receipt to be marked
- Declarations
- Declarations: additional material
- Notification of service
- Notice of withdrawal of applications
- Withdrawal of application: Registrar’s notice to applicant
- Change of address for service: notice to interested persons
- Division 2—Proceedings before the Registrar
- Division 3—General
- What fees are payable
- How fees are to be paid
- Notice of non-payment fee
- Refund of fees
- Extension of time: application
- Extension of time: notice of opposition
- Extension of time: opposition proceedings
- Extension of time: prescribed acts and documents
- Incapacity of certain persons
- Destruction of documents
- Directions not otherwise presented
- Requirements cannot be complied with for reasonable cause
- Forms generally
- General
- Division I—Applications and other documents
- SCHEDULE 1 (Regulation 20)—SIGNS THAT SHALL NOT BE REGISTERED AS TRADE MARKS
- SCHEDULE 2 (regulation 75)—DELEGATES OF THE REGISTRAR
- SCHEDULE 3 (regulations 77; 109)—FORM OF DOCUMENTS
- SCHEDULE 4—COSTS, EXPENSES AND ALLOWANCE
- SCHEDULE 5 (regulation 96)—FEES
- SCHEDULE 6 (regulations 6;109)—FORMS
- FORM 1— APPLICATION FOR REGISTRATION OF A TRADE MARK
- FORM 2 (regulation 108(1))—AUTHORISATION OF AGENT
- FORM 3 (regulation 22)—REQUEST TO DIVIDE AN APPLICATION
- FORM 4 (regulations 24 (2); 57)—NOTICE OF OPPOSITION TO REGISTRATION/REMOVAL OF TRADE MARK
- FORM 5 (regulation 40(6))—NOTICE OF ATTENDANCE
- FORM 6 (regulation 108(2))—REQUEST FOR CORRECTION OF CLERICAL ERROR, OR AMENDMENT OFAPPLICATION OF REGISTRATION OF TRADEMARK AND OTHER DOCUMENTS
- FORM 7 (regulation 50(2))—REQUEST FOR THE RENEWAL OF A TRADEMARK
- FORM 8 (regulation 108 (3))—APPLICATION FOR THE CANCELLATION OR AMENDMENT OF REGISTRATION OF A TRADE MARK ON THE REGISTER
- FORM 9 (regulation 55)—APPLICATION FOR THE REMOVAL OF A TRADEMARK FROM THE REGISTER
- FORM 10 (regulation 59)—APPLICATION FOR RECORDING OF ASSIGNMENT OR TRANSMISSION OF TRADE MARK
- FORM 11 (regulation 108 (4))—APPLICATION TO RECORD CLAIMS TO INTEREST IN AND RIGHTS IN RESPECT OF A TRADE MARK
- FORM 12 (regulations 67; 108 (5))—NOTICE OF OBJECTION TO IMPORTATION
- FORM 13 (regulation 108 (6))—REVOCATION OF NOTICE OF OBJECTION TO IMPORTATION
- FORM 14 (regulation 108 (7))—APPLICATION FOR EXTENSION OF TIME IN WHICH TO BRING ACTION
- FORM 15 (regulations 108(8))—NOTICE OF SEIZURE OF INFRINGING GOODS
- FORM 16 (regulation 108(9))—NOTICE OF SEIZURE OF INFRINGING GOODS
- FORM 17 (regulation 108(10))—NOTICE OF CONSENT TO GOODS BEING FORFEITED TO THE CROWN
- FORM 18 (regulation 108 (11))—NOTICE OF CONSENT TO THE GOODS BEING RELEASED TO THE DESIGNATED OWNER
- FORM 19—NOTICE OF ACTION FOR INFRINGEMENT OF NOTIFIED TRADE MARK
- FORM 20 (Regulation 108 (13))—APPLICATION FOR CONSENT TO ASSIGNMENT OF CERTIFICATION TRADEMARK
- FORM 21 (regulation 86)—REQUEST FOR CHANGE OF ADDRESS IN THE REGISTER OF TRADE MARKS
- FORM 22 (regulation 108(4))—REQUEST TO ENTER CHANGE OF NAME OF REGISTERED OWNEROR AUTHORISED USER OF A TRADE MARK IN THE REGISTER
- FORM 23 (regulation 100)—REQUEST FOR EXTENSION OF TIME
- FORM 24 (Regulation 95)—REQUEST TO THE REGISTRAR FOR A STATEMENT OF GROUNDS OF DECISION
- FORM 25 (regulation 87(1))—APPLICATION FOR AN AWARD OF COSTS
- FORM 26 (Regulation 90)—REQUEST FOR HEARING
- FORM 27 (Regulation 108 (15))—CERTIFICATE OF REGISTRATION OF TRADE MARK
- FORM 28 (regulation 108 (16))—NOTIFICATION OF AMENDMENT
- FORM 29 (regulation 108 (17))—CERTIFICATE OF RENEWAL OF REGISTRATION OF TRADE MARK
- FORM 30 (Regulation 108(19))—REQUEST FOR CERTIFICATE OF THE REGISTRAR IN RELATION TO AN ENTRY, MATTER OR THING
SAINT VINCENT AND THE GRENADINES TRADE MARKS REGULATIONS, 2004 ARRANGEMENT OF REGULATIONS
PART 5 AMENDMENT OF APPLICATTON FOR REGISTRATION OF A TRADE MARK AND 73. Evidence in support of applications
Division I 6. Change of address for service: notice to interested persons Division 2 Proceedings before the Registrar Division 3 General 2004 NO. 13
(Gazetted 18th May, 2004)
IN EXERCISE of the powers conferred by section 190 of the Trade Marks Act, No.46 of 2003, the Minister makes the following Regulations:
1. These Regulations may be cited as the Trade Marks Regulations
Citation
2004.
2. These Regulations shall come into operation on the 18th day of
Commencement May 2004.
Interpretation 3. In these Regulations: “certificate of verification” means a statement: “earlier application”, in relation to an application for the registration of a trade mark for which a right of priority is claimed, means an application for the registration of that trade mark in a Convention Country “Nice Classification” means the current version of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks , 1957 as revised and amended or such subsequent version as may be made available for inspection by the public at the Commerce and Intellectual Property Office;
“principal Act” means the Trade Marks Act, No. 46 of 2003;
“working day” means a day other than a Saturday, a Sunday or a public holiday.
PART 2 TRADE MARKS AND TRADE MARK RIGHTS
Classification of goods and 4. (1) For the purposes of section 13(3) and section 13(4) of the services
principal Act, in an application for registration of a trade mark the goods or services in respect of which the trade mark is sought to be registered shall be classified in accordance with the Nice Classification.
5. For the purposes of section 12(1)(b) of the principal Act, the
Period in which action for
prescribed period shall be 2 months from the day on which the
infringement may be brought authorised user of a trade mark asks the registered owner of the trade mark to bring an action for infringement of the trade mark.
PART 3 APPLICATION FOR REGISTRATION
Application for registration: 6. (1) For the purposes of section 13(2) and Parts 18,19 and 20 of prescribed form the principal Act, an application for the registration of a trade mark shall be in the form prescribed in Form 1 of Schedule 6.
(2) Any material that is intended by the applicant to form part of the application for registration of a trade mark: Applications: requirements 7. (1) In order for an application for registration of a trade mark to for filing be taken to be filed, the application shall: Representation of trade marks 8. (1) If practicable, the representation of a trade mark included in an application for registration of the trade mark shall not exceed 8 centimetres by 8 centimetres (3 inches by 3 inches) in size. (a) a transliteration of the characters into roman letters, using the recognised system of romanisation of the
Specification of goods or services or both
characters, if any; and
(b) a translation of the words into English. to permit proper examination of the trade mark, the Registrar may require the applicant to give to the Registrar a description, or further description, of the trade mark and a specimen of the trade mark. 9. (1) For the purposes of section 13 (3) of the principal Act, in specifying in an application for registration of a trade mark the goods or services or both in respect of which registration is sought: Period for claiming priority for an application
Publication of particulars of application
Mode of publication
be specified in terms appearing in the listing of goods and services published by the World Intellectual Property Organisation in the Nice Classification and made available for inspection by the public at the Commerce and Intellectual Property Office.
(2) If any of the goods or services or both cannot be specified using terms referred to in sub-regulation (1)(e), the applicant shall provide sufficient information to enable the Registrar to decide the classification of the goods or services or both.
10. (1) For the purposes of section 15(1) of the principal Act, an applicant shall claim a right of priority for an application by filing notice of the claim. 11. For the purposes of section 16 (1)(a) of the principal Act, the Registrar shall publish the following particulars of the application: 12. Any matter required to be advertised or published pursuant to a provision of the principal Act shall be advertised or published by one or more of the following means:
Examination of application: report to applicant
Examination: applicant’s response to report
Examination: further report to applicant 13. (1) For the purposes of section 16(1)(b) of the principal Act, if in the course of an examination of an application the Registrar reasonably believes that:
(a) the application has not been made in accordance with the principal Act or these Regulations; or 14. (1) An applicant may respond in writing to the Registrar’s report under regulation 13.
(2) The response may: 15. (1) On receipt of a response under regulation 14, the Registrar shall consider the response.
(2) If the Registrar continues to believe that: the Registrar shall report that belief in writing to the applicant.
(3) Unless acceptance of an application is deferred, a report under sub-regulation (2) in relation to that application shall include
Examination: additional requirements
Periods after which application lapse
under sub-regulation (2) in relation to that application shall include notice of the date on which the application will lapse if it is not accepted earlier.
16. (1) In the course of an examination of an application for which a right of priority is claimed, the Registrar may, in writing, require the applicant to file: (2) If the applicant is the successor in title to the person who made the earlier application, the Registrar may, in writing, require the applicant to file documentary evidence that is sufficient to establish the passing of title to the applicant.
17. (1) For the purposes of section 19 of the principal Act, the prescribed period for an application in respect of which a report is made under regulation 13 is: would be extended for more than 6 months after the end of the relevant period prescribed in sub-regulation (1).
Deferment of acceptance
18. (1) The Registrar may, at the request of the applicant in writing, defer acceptance of an application for registration of a trade mark, if: (iii)has filed an application under section 72 of the principal Act, in respect of the other trade mark and is awaiting the finalisation of proceedings in respect of that application,
(iv)has begun proceedings to have the Register rectified in respect of the other trade mark and the proceedings have not been determined or otherwise disposed of, or
(v) is awaiting renewal of the registration of the other trade mark in the period of 12 months after registration of the other trade mark has expired, or removal of the other trade mark from the Register.
(2) The Registrar may, on his own initiative, defer acceptance of the application within a period that is prescribed in regulation 17(1) or that is extended under section 185 of the principal Act or regulation 17 (4), if: Period for which acceptance is deferred
(3) The Registrar shall notify an applicant in writing: 19. (1) The period for which acceptance of an application is deferred (in this regulation called “the deferment period”) begins immediately after the date of the notice of deferment issued under regulation 18 (3).
(2) The deferment period ends: (3) For the purposes of sub-regulation (2) (c), the deferment period ends: (i) proceedings mentioned in regulation 18 (2) (b) may be begun, or
Trade marks containing certain signs
Divisional application: prescribed forms
Period for filing divisional application
Request for expedited examination ofapplication
(ii) an application mentioned in regulation 18 (2) (c) may be made;
(g) if acceptance is deferred because of regulation 18 (2) (b), at the end of: (iii)if acceptance is deferred because of regulation 18 (2) (c), at the end of a period after the death of the applicant that the Registrar reasonably regards as sufficient in the circumstances.
(4) REGULATION PART I PRELIMINARY
PART 2 TRADE MARKS AND TRADE MARK RIGHTS
PART 3 APPLICATION FOR REGISTRATION
PART 4
OPPOSITION TO REGISTRATION
OTHER DOCUMENTS
PART 6 REGISTRATION OF TRADE MARKS
PART 7 AMENDMENT AND CANCELLATION OF REGISTRATION
PART 8 REMOVAL OF TRADE MARK FROM REGISTER FOR NON-USE
PART 9 ASSIGNMENT AND TRANSMISSION OF TRADE MARKS
PART 10
VOLUNTARY RECORDING OF CLAIMS TO INTERESTS IN AND
RIGHTS IN RESPECT OF TRADE MARKS
PART 11 IMPORTATION OF GOODS INFRINGING VINCENTIAN TRADE MARKS
PART 12
CERTIFICATION TRADE MARKS
PART 13
DEFENSIVE TRADE MARKS
PART 14
ADMINISTRATION
PART 15
MISCELLANEOUS
Applications and other documents
SAINT VINCENT AND THE GRENADINES
STATUTORY RULES AND ORDERS
TRADE MARK REGULATIONS, 2004
PART I
PRELIMINARY