Turks and Caicos Islands (TC)
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Oct 01, 2011 (Newsletter Issue 11/11)Introduction of Annual Maintenance FeeThe Turks & Caicos Islands Trade Marks (Amendment) Rules took effect on July 29, 2011.
They require the payment of an annual maintenance fee of USD 100.00 for each trademark registration in Turks & Caicos Islands, beginning January 1, 2012. If a particular mark is registered in more than one class, the official fee of USD 100.00 covers all classes.
A one month grace period until Feburary 1st is allowed each year for late payment, failing which the trademark rights are deemed to be in abeyance and will remain in suspense unless and untill all past due fees have been paid, at which time the rights are then deemed to be fully restored.
Source: George C. J. Moore, Barrister - Carribean Trademark Services, West Palm Beach, Florida
Legal basis is the Trade Marks Ordinance revised Edition showing the law as of December 31, 2014. Trademark protection is obtained by registration. National applications can be filed under the Ordinance. However, a person who has filed an application for a trademark in the UK or a Convention Country (being a country which is a party to the European Union Convention for the Protection of Industrial Property) has a right to priority for the purposes of registering that mark in the Turks and Caicos Islands for a period of 12 months from the date of filing the first application. If the application for registration under this Ordinance within that 12 month period the relevant date for the purposes of establishing which rights take precedence shall be the date of filing of the first United Kingdom or Convention application and the registrability of the trademark shall not be affected by any use of the mark in the Islands in the period between that date and the date of the application under the Ordinance.
Goodwill acquired in a mark through use is also capable of protection under the common law of passing off. Only if a mark is registered is it entitled to protection under the Trade Marks Ordinance.
Nice classification, 7th edition
Trademarks and service marks are registrable in classes 1-45.
Registrable as 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.
Trademarks, service marks, certification marks and collective marks can all be registered under the Act.
The application is filed at the trademarks registry in Grand Turk.
Local applications are for single classes only.
A signed Authorisation of Agent form is needed. It need not be notarised or legalised.
If claiming priority from an application for a trademark in the UK or a Convention Country, a certified copy of the registration certificate, should accompany the application filed in the Turks and Caicos Islands.
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 in the weekly Gazette for opposition.
The processing time from first filing to registration is typically six months.
An annual maintenance fee is payable for registered trade marks every year.
National:
An opposition must be filed within one month of the date of publication.
Marks registered prior to October 8th, 2007 were valid for a period of 14 years and that remains unchanged. Marks registered on or after October 8th, 2007 are valid for a period of 10 years.
All renewals effectuated on or after October 8th, 2007 are for a period of 10 years.
Since 2012, the payment of an annual maintenance fee of USD 100.00 is required for each trademark registration in Turks & Caicos Islands. If a particular mark is registered in more than one class, the official fee of USD 100.00 covers all classes.
A one month grace period until February 1st is allowed each year for late payment, failing which the trademark rights are deemed to be in abeyance and will remain in suspense unless and until all past due fees have been paid, at which time the rights are then deemed to be fully restored.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for a national registration without priority claim is USD 575 for each class. The official fee for a national registration with priority claim is USD 200 for each class. The Registrar also imposes a fee of USD 175 for publication of an application in the Gazette, regardless of the number of classes covered by the application. A similar fee is charged for the publication of renewals and proprietorship changes, such as assignments and mergers, and changes of name or address.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
Oct 03, 2024
HSM IP Ltd., Grand Cayman, Cayman Islands
