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

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Saint Vincent and the Grenadines (VC)

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Latest News: Sep 06, 2018 (Newsletter Issue 15/18)
Additional Fees for Recordal Certificates Required Now
As of March 1, 2018, the Commerce & Intellectual Property Office (CIPO) of St. Vincent no longer issues recordal certificates evidencing changes of name, changes of address, and assignments and other transmissions as a matter of course. Instead, the registry sends letters notifying the agents that the recordal was completed and entered on the register of marks.

It is still possible to obtain a certificate of recordal, if desired. It must be explicitly requested and an additional official fee paid.

Source: Caribbean IP, USA


Legal basis is the Trade Marks Act No. 46 of 2003, as amended by Act No. 50 of 2004, and the Trade Marks Regulations, 2004.
Is not a member of the Madrid Agreement, the Madrid Protocol and the European Union.
Trademark protection is obtained by registration, although there is some recognition of the first user of a mark.
Nice classification, 11th Edition.
Registrable as a trademark are all distinctive and graphically representable signs. A sign includes a letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour, or sound and any combination thererof.
The following trademark types are registrable: trademarks, service marks, collective marks and certification marks.
The application is filed at the Commerce and Intellectual Property Office (CIPO).
Multiple-class applications are possible.
An application can include goods in any number of classes, but with additional charges for each additional class.
Foreign applicants need a local agent.
A signed power of attorney is necessary.
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 in the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in Saint Vincent and the Grenadines is from 12-18 months.
National:
The opposition period is three months from the publication date of the application.
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
The grace period for renewals is 12 months starting from the date of expiry.

Further practical details are available in our publication on this topic here
If the trademark has not been used within three years from registration, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official application fee is XCD 100 for one class and XCD 50 for each additional class.
The publication fee varies between XCD 100 and XCD 200 depending on type of mark.
The registration fee is XCD 100.

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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
Aug 27, 2018
Caribbean IP, 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.

Commerce & Intellectual Property Office (CIPO)
Ground Floor, Methodist Building
Granby Street
Kingstown
St. Vincent & the Grenadines
Tel +1 784 456 1516 /+1 784 451 2894
Fax +1 784 457 1397
Mail office.cipo@mail.gov.vc
www.cipo.gov.vc