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Grand Cayman, Cayman Islands (KY)

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Camana Bay, Cayman Islands (KY)

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Caribbean IP
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Antigua and Barbuda (AG)

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.


Apr 24, 2019
IP Office Will Not Accept Division or Merger Requests of Intl. Registration
Antigua 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 here


Feb 01, 2017 (Newsletter Issue 3/17)
Some Renewal Dates Accelerated
The 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.


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 signed Authorisation of Agent form is needed. The proprietor’s seal needs to be applied, if available, and the form must be notarized. No witnessing or legalization of this form is needed. The Declaration of use form needs to be signed before a Notary, with no additional formality.
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.
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 here
Practical details on trademark use requirements are available in our publication here
The official fee for filing a trademark application is USD 133.87 for one class and USD 27.90 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 here
Online 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.

SMD Group thanks the following law firms for their assictance in updating the information provided.

Mar 08, 2023
HSM IP Ltd., Grand Cayman, Cayman Islands  

Aug 12, 2022
Ogier, Camana Bay, Cayman Islands  


68 Fort Street, George Town
KY1-1207 Grand Cayman
Cayman Islands (KY)
Tel +1 345 949 4766
Fax +1 345 946 8825

HSM IP Ltd. provides worldwide intellectual property services. Based in the Cayman Islands and independently owned and operated, our experienced team of attorneys and paralegals deliver first class service to a broad client base which includes major Fortune Global 500 brand owners, international law firms and other specialist IP practices. Our broad perspective, practical approach and international experience allow us to offer clients a unique insight into IP issues internationally. The success and growth of our firm is due to our keen understanding of our clients’ needs for a comprehenisve “one-stop shop” which encompasses a wide range of services from the initial consultation process to searches, registrations, annuity payments and monitoring and renewals. We offer a competitive schedule of fixed fees, inclusive of both disbursements and official fees, which means we can provide clients with an accurate estimate of their project costs before embarking on a global filing programme for their portfolio. We have a wealth of knowledge and specialise in the Caribbean, Central and Latin America and other off shore jurisdictions. Our staff regularly contribute to leading IP publications and we also publish a range of country-specific IP Client Guides which are available on our website.


Sophie Peat

Sophie Peat
89 Nexus Way
KY1-9009 Camana Bay
Cayman Islands (KY)
Tel +1 345 949 9876
Fax +1 345 949 9877

Ogier is a law firm that gets straight to the point, managing complexity to get to the essentials. It is a collaborative approach. Our global network of offices covers every time zone.

Ogier’s IP team acts across the full spectrum of Intellectual Property rights, including brands and trade marks, copyright, industrial designs and patents, specialising in multi-jurisdictional IP clearance, prosecution, exploitation and enforcement.

Partner Sophie Peat spearheads Ogier’s global Intellectual Property (IP) group bringing over a decade of top tier international experience to her practice, which encompasses the clearance, prosecution, exploitation and enforcement of the full suite of IP rights, including brands and trade marks, copyright, industrial designs and patents, throughout the world. Sophie is widely recognised as a seasoned expert in IP protection across the Caribbean and in offshore financial centres, carefully guiding clients through this diverse and sometimes difficult to navigate terrain with her in-depth knowledge. Clients appreciate her proactive, comprehensive, and resolute approach.

Ogier is a member of the International Trademark Association (INTA) and MARQUES.

Caribbean IP

Katherine Van Deusen Hely

Katherine Van Deusen Hely
224 Datura Street, Suite 513
West Palm Beach, FL 33401
Tel + 1 561 283 1800

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.

Antigua & Barbuda Intellectual Property & Commerce Office
Hewlett House
St. John’s Street
St. John's
Antigua, W.I.
Tel +1 268 562 6719
Fax +1 268 562 5438
Registrar: Miss Ricky Comacho

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8