Jun 06, 2019 (Newsletter Issue 7/19)
Accession to Nice Agreement
On March 25, 2019, WIPO notifies the deposit by the Government of Antigua and Barbuda of its instrument of accession to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of June 15, 1957, as revised at Stockholm on July 14, 1967, and at Geneva on May 13, 1977, and as amended on September 28, 1979.
The Nice Agreement will enter into force, with respect to Antigua and Barbuda, on June 25, 2019.
Source: www.wipo.int
Apr 24, 2019IP Office Will Not Accept Division or Merger Requests of Intl. RegistrationAntigua and Barbuda has notified WIPO in accordance with new Rules 27bis(6) and 27ter(2)(b) of the Common Regulations, which entered into force on February 1, 2019.
Accordingly, new Rules 27bis(1) and 27ter(2)(a) of the Common Regulations do not apply. As a result, the IP Office will not present WIPO requests for the division of an international registration under new Rule 27bis(1) nor requests for the merger of international registrations resulting from division under new Rule 27ter(2)(a).
For further information, please refer to hereSource: www.wipo.int Feb 01, 2017 (Newsletter Issue 3/17)Some Renewal Dates AcceleratedThe 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 trademark 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 trademark 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 Notarised Original Declaration (one declaration per mark) and a Notarised Original AoA Form 2 (can cover multiple marks if general) signed by an officer of the company (e.g. director or secretary) with corporate seal if available
A Certified hard copy of Priority Document from IPO & a Notarised Original Priority Declaration (one priority document and one priority declaration per mark)
If color is claimed, list the color if filed in color; description of the mark (if no description is provided then an office action may issue requesting same).
A Notarsied and certified translations for submissions in Antigua (including priority documents) must explicitly state that the translator is “proficient in both languages” in order to be accepted.
A copy of the AOA can be filed in support of the application and the original must follow in 2 months from the date of filing.
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 or longer due to delays with the government printery at the publication stage.
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.
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 filing a trademark application is USD 111.60 for one class and USD 18.60 for each additional class. The stated fees include the publication and registration fees
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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
