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

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Dominica (DM)

Apr 12, 2010 (Newsletter Issue 9/10)
New Trademark Proceedings
As per notification of January 25th last, The Dominica’s Registrar of Companies and Intellectual Property, has provided a list of items and proceedings that must be now officially published:

- New trademark applications filed
- Disclaimers made on trademarks (regarding common expressions, goods, generic voices, etc.)
- Granting a trademark registration
- Invalidation of trademark registration during a court proceeding
- Renewal and/or expiration of trademark registrations (be it the case)
- License agreements on trademarks
- Trademarks Assignments or changes of ownership


Source: www.moellerip.com

Dominica is an English common law jurisdiction, independent since 1978, and not to be confused with the Dominican Republic. The legal basis of Dominica is the Marks, Collective Marks and Trade Names Act 1999, which was put into force on February 2, 2009.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. It is the first to use rather than the first to register who has the superior right. Prior use, however is not required; an applicant only needs to declare an intent to use.
Nice classification, 12th edition
Registrable as a trademark are traditional types of trademarks, i.e. words, slogans and designs, but not aromas, etc. A mark is defined as “any visible sign capable of distinguishing the goods…or services…of an enterprise.”
The following trademark types are registrable: trademarks, service marks, collective marks and trade names.
The application is filed at the trade marks registry in Roseau, Dominica
Multi-class applications are possible.
Paris Convention Priority is available.
Foreign Applicants need a local agent.
A witnessed and notarized power of attorney is necessary. General powers of attorney are not permitted by the registry.
Each application requires a separate, signed authorization form, that identifies each mark's respective class(es) and goods or services.
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.
After formal examination and acceptance, the mark is published for Opposition.
The processing time from first filing to registration is approximately six months to one year.
National:
The opposition period is 2 months from the date of publication of an application.
A trademark registration is valid for 10 years from the filing date of application. It can be renewed for further periods of 10 years. Trademarks registered before February 2, 2009, keep their term of 14 years until their next renewal. Renewal of local registrations will involve re-classification from the old British to the International Classification system.
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 (word) application is XCD 450 in one class and XCD 200 for each additional class. The publication fee is XCD 100.

The office fee for filing a trademark (design) application is XCD 450 in one class and XCD 200 for each additional class. The publication fee is XCD 150.

The final certificate fee is XCD 200 per mark.

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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

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.

Aug 05, 2024
Ogier, Camana Bay, Cayman Islands  



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.

Companies and Intellectual Property Office (CIPO)
Corner of Kennedy Avenue & Independence Street
Roseau, 00109-8000
Dominica
Tel +1 767 266 3358
Fax +1 767 440 6593
Mail cipoclerk@dominica.gov.dm
www.cipo.gov.dm
Registrar: Arthlyn Nesty