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West Palm Beach, FL 33401, USA (US)

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Dominica (DM)

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04-12-2010 (Newsletter Issue 9/10)
New Trademark Proceedings
As per notification of January 25th last, The Dominica’s Registrar of Companies and Intellectual Property, has provided a list of items and proceedings that must be now officially published:

- New trademark applications filed
- Disclaimers made on trademarks (regarding common expressions, goods, generic voices, etc.)
- Granting a trademark registration
- Invalidation of trademark registration during a court proceeding
- Renewal and/or expiration of trademark registrations (be it the case)
- License agreements on trademarks
- Trademarks Assignments or changes of ownership


Source: www.moellerip.com

Dominica is an English common law jurisdiction, independent since 1978, and not to be confused with the Dominican Republic. Legal Basis of Dominica is the Marks, Collective Marks and Trade Names Act 1999, which was put into force on February 2nd, 2009.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. It is the first to use rather than the first to register who has the superior right. Prior use, however is not required; an applicant only needs to declare an intent to use.
Nice classification, 10th edition
Registrable as a trademark are traditional types of trademarks, i.e. words, slogans and designs, but not aromas, etc.
The following trademark types are registrable: trade marks, service marks, collective marks and trade names.
The application is filed at the trade marks registry at Roseau, Dominica
Multi-class applications are possible.
Paris Convention Priority is available.
Foreign Applicants need a local agent.
A notarized power of attorney is necessary. General powers of attorney are not permitted by the registry. Every application requires a separate, signed authorization form, that identifies each mark's respective class(es) and goods or services.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
After formal examination and acceptance, the mark is published for Opposition.
The processing time from first filing to registration is approximately 5 months to one year.
National:
The opposition period is 2 months from the date of publication of an application.

Opposition against designation of IR Mark
not a member of the Madrid Agreement or Protocol
A trademark registration is valid for 10 years from the filing date of application. It can be renewed for further periods of 10 years. Trademarks registered before February 2, 2009, keep their term of 14 years until their next renewal. Renewal of local registrations will involve re-classification from the old British to the International Classification system.
Late renewal may be applied for within 6 months of expiration. Another provision allows a further month for payment of the renewal fees.

Further practical details are available in our publication on this topic here
Removal from the register for non-use can be sought by an interested third party, but only after 3 years of continuous non-use following registration, which may be forgiven in special circumstances and upon evidence that there was no intent to abandon or not use the mark.

Further practical details are available in our publication on this topic here
The official fee for filing, publication, and registration of a trademark application is USD 204 for a word mark and 223 for a design in the first class and USD 111 for a word mark and 130 for a design in each additional class.

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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
02-05-2016
Caribbean IP, West Palm Beach, FL 33401, USA  

12-04-2014
Caribbean IP, West Palm Beach, FL 33401, USA  

08-23-2013
Caribbean Trademark Services, West Palm Beach, FL, 33401, USA

07-12-2012
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 – Katherine Van Deusen Hely, P.L.L.C. is an IP law firm focusing on trademark and other IP services across 24 Caribbean jurisdictions. The firm prides itself on handling trademark searches, registrations, renewals, recordals, oppositions and enforcement matters in a time- and cost-efficient manner. Before founding Caribbean IP in 2014, Katherine worked closely with her cousin, George C. J. Moore. After his passing in 2013, she continued his Caribbean practice as the sole attorney point-of-contact for the firm, working with numerous Fortune 500 companies and clients around the world. Katherine has experience handling all aspects of trademark practice in the English- and Dutch-speaking Caribbean.

Katherine obtained a Legal Education Certificate from the Eugene Dupuch Law School in The Bahamas and a law degree from Vanderbilt University. She is a member of the Florida Bar and an active member of the International Trademark Association, serving on the INTA Bulletin Committee (Latin America and Caribbean Subcommittee) since 2013. She regularly writes articles on trademark law developments in the Caribbean.

Companies and Intellectual Property Office
Corner of Turkey Lane & Independence Street
Roseau 00109-8000
Dominica




Tel +1 767 266 3358
Fax +1 767 446 6593
Mail cipo@cwdom.dm
Ms. Sandra Julien, Registrar