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Caribbean IP
West Palm Beach, FL 33401, USA (US)

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Antigua and Barbuda (AG)

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Feb 01, 2017 (Newsletter Issue 3/17)
Some Renewal Dates Accelerated
The transitional provisions of Antigua’s Trade Marks Act 2003 ('2003 Act') will shorten the life of some marks and require renewal by March 1, 2017, regardless of the renewal period in effect at the mark’s grant or last renewal. Potentially affected marks were applied for or last renewed between March 2003 and February 2007. Marks applied for or last renewed in March 2007 or beyond should already be governed by the 2003 Act’s ten-year renewal deadline.

The Trade Marks Act 2003 entered into force on March 1, 2007. The 2003 Act replaced two previous acts (one concerning U.K. mark extensions and one concerning local registrations) (collectively, the “Prior Acts”). The 2003 Act preserved marks registered under the Prior Acts but accelerated the next renewal deadline for some of the preserved marks. Previous certificates of registration or renewal may not reflect an accurate renewal date.

Pursuant to Section 27 of the 2003 Act, all trademarks registered under one of the Prior Acts must be renewed, at the latest, by March 1, 2017. Consequently, marks registered or renewed under one of the Prior Acts between March 2, 2003 and February 28, 2007, may be due for renewal earlier than previously anticipated. Because the application date governs the renewal date in Antigua & Barbuda, the registrations affected include marks applied for when the Prior Acts were in force but granted after the 2003 Act came into force in 2007.

The 2003 Act also provides a six-month grace period for late payment of renewal fees. Renewals of marks originally granted under the Prior Acts will be reclassified according to the Nice Classification system upon renewal.

Source: Caribbean IP, USA


Feb 01, 2017 (Newsletter Issue 3/17)
Procedural Amendments for IR Designating
Antigua and Barbuda has deposited, on January 9, 2017, the following declaration:

- in accordance with Article 5(2)(b) of the Madrid Protocol (1989), the time limit of one year to exercise the right to notify a refusal of protection referred to in Article 5(2)(a) thereof is replaced by 18 months, and; under Article 5(2)(c) of the said Protocol, when a refusal of protection may result from an opposition to the granting of protection, such refusal may be notified to the International Bureau after the expiry of the 18-month time limit; and

- in accordance with Article 8(7)(a) of the Madrid Protocol (1989), Antigua and Barbuda, in connection with each international registration in which it is mentioned under Article 3ter of the said Protocol, and in connection with the renewal of any such international registration, wants to receive, instead of a share in the revenue produced by the supplementary and complementary fees, an individual fee.

The said declaration will enter into force on April 9, 2017.

Source: www.wipo.int


The Trade Marks Act, 2003 and Trade Marks Regulations, 2006 went into force on October 1, 2006.
These laws established an independent trade mark registration system. Registration based on an existing UK registration has not been possible since 2006.
Paris Convention priority is available. Antigua & Barbuda has long been a member of the Madrid Protocol, since accession in 1999.
All new registrations are for a term of 10 years, with renewals for further periods of 10 years. Under the old laws, the term of registration was either concurrent with the underlying UK registration (if UK-based) or for a term of 14 years (if local).
Trademark protection is obtained by registration. It can also be acquired by local use within the jurisdiction whereby it is protected only by common law. Only if a mark is registered under the act is it entitled to protection under the Trade Marks Act and Regulations.
The Act confirms that common law "passing off" is still actionable. Also, the doctrine of "honest concurrent user" is still a valid defense to an allegation of trade mark infringement.
Nice classification, 11th edition
A trademark is any sign capable of being represented graphically which is capable of distinguishing goods or services. The mark may consist of words (including personal names), designs, numerals, letters, or the shape of goods or their packaging.
Three-dimensional trademarks are theoretically registrable.
The following trademark types are registrable: trademarks, service marks and collective marks.
The application is filed at the trademarks registry in St. John's, Antigua. Multi-class applications are possible.
A signed Authorisation of Agent form is needed. Tthe proprietor’s seal needs to be applied, if available, and the form must be notarized. No witnessing or legalization of this form is needed. The Declaration of use form needs to be signed before a Notary, with no additional formality.
All applications are examined and subject to absolute and relative grounds of refusal.
Prior use in Antigua & Barbuda is unnecessary provided the applicant asserts, on its Declaration filed at the time of application, an intent to use the mark in Antigua & Barbuda.
After formal examination and acceptance, the mark is published for opposition.
The processing time from first filing to registration is typically 3 to 4 years and perhaps or longer.
National:
Interested parties may oppose new applications within three months from the date of publication of an application.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
All new registrations are valid for a term of 10 years, with renewals for further periods of 10 years.
The grace period is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
A registration is subject to cancellation after three consecutive years of non-use following registration. However, a registrant may assert a defense of "good cause", which may excuse non-use.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is USD 123.00 for one class and USD 19.00 for each additional class. The stated fees include the publication and registration fees

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
Jun 20, 2018
Caribbean IP, West Palm Beach, FL 33401, USA  

Feb 15, 2017
Caribbean IP, West Palm Beach, FL 33401, USA  

Nov 10, 2014
Caribbean IP, West Palm Beach, FL 33401, USA  

Jun 05, 2013
Caribbean Trademark Services, West Palm Beach, FL, 33401, USA

Aug 07, 2012
Caribbean Trademark Services, West Palm Beach, FL, 33401, USA

Sep 20, 2011
Caribbean Trademark Services, West Palm Beach, FL, 33401, USA



Caribbean IP



Katherine Van Deusen Hely

Katherine Van Deusen Hely
224 Datura Street, Suite 513
West Palm Beach, FL 33401
USA (US)
Tel + 1 561 283 1800
Katherine@Caribbean-IP.com
www.Caribbean-IP.com

Caribbean IP is an intellectual property law firm focusing on trademark and other IP services across 26 Caribbean jurisdictions. The firm prides itself on handling trademark searches, registrations, renewals, recordals, oppositions, and enforcement matters in a time- and cost-efficient manner. Katherine founded Caribbean IP in 2014, after working for several years in another Caribbean-focused practice. She and her partner Patrick Hely and their team work with clients from around the world, including numerous Fortune 500 companies and top-ranked law firms. The Caribbean IP team has experience handling all aspects of trademark practice across the Caribbean region.

Katherine obtained a Legal Education Certificate from the Eugene Dupuch Law School in The Bahamas and a Doctor of Jurisprudence from Vanderbilt University. She is a member of the Florida Bar and an active member of the International Trademark Association, where she is currently serving as Vice Chair of the INTA Bulletins Committee. She regularly writes articles on trademark law developments in the Caribbean for INTA and other global publications.

Antigua & Barbuda Intellectual Property & Commerce Office
Hewlett House
St. John’s Street
St. John's
Antigua, W.I.
Tel +1 268 562 6719
Fax +1 268 562 5438
Mail ABIPCO@antigua.gov.ag
abipco.gov.ag
Registrar: Miss Ricky Comacho

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int