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

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Guyana (GY)

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Legal basis is the Trade Marks Act, Cap 90:01, in force since 1952.
Guyana is not a member of the Madrid Agreement, the Madrid Protocol and the European Union.
The Tenth Edition of the Nice classification of goods and services consisting of 45 classes is applied to UK-based applications. For local applications, International classes 1-34 apply and may be used to register goods only.
Trademark protection is obtained by registration.
Nice classification. The Tenth Edition of the Nice classification of goods and services consisting of 45 classes is applied to UK-based applications. For local applications, International classes 1-34 apply and may be used to register goods only.
A mark is defined to include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof. Any mark deemed registrable by the UK IPO would be deemed registrable by the local registry if applying on the basis of that UK mark.
The following trademark types are registrable: trademarks, service marks, and certification marks.
The application is filed at the Deeds Registry.
Multi-class applications are possible if the application is based on a prior UK registration. However, for applications within the local system, a separate application must be filed for each class. In addition, it is not possible to register service marks under the local system.
UK-based applications may include goods in any number of classes – however the number of classes will mirror the underlying UK registration.
Foreign applicants need a local agent.
A power of attorney form is required – this form must be signed and notarized. No legalization is required. For local applications, Statement A and Declaration forms are also required – these forms must also be signed and notarized.
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.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published once in the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in Guyana varies greatly – however, UK-based applications are typically completed within 6-12 months. Local applications may take as long as several years to proceed to registration.
National:
The opposition period is one month from the publication date of the application.
Protection begins with the date of application for local applications. A local trademark registration is valid for seven years from the date of application. A local registration is renewable for periods of 14 years. On the other hand, any mark that is registered based upon an existing UK registration has a term that is identical to that of the corresponding UK registration.
The grace period for renewals is one month starting from the date of advertisement of non-renewal of the mark in the local Gazette. After the one month grace period, restoration of a mark may be allowed in the discretion of the Registrar.

Further practical details are available in our publication on this topic here
If the trademark has not been used within a consecutive five year period any time after registration, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official fees for filing a trademark application is USD 50 for each class application. This fee includes all official fees through completion of registration.

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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
09-08-2016
Caribbean IP, West Palm Beach, FL 33401, USA  

11-10-2014
Caribbean IP, West Palm Beach, FL 33401, USA  

08-13-2013
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.

The Deeds Registry, Ministry of Legal Affairs
Lot 1 High Street
Georgetown
Guyana
Tel +11 592 226 8641
Fax +11 592 226 9721
Mail info@legalaffairs.gov.gy
www.legalaffairs.gov.gy