Select Country

Select a country to view information on local trademark law


Countries
A-E  F-J  K-O  P-T  U-Z

Multinational Agreements
AIPO/OAPI  ARIPO 
EUIPO  WIPO
SEARCH
TRADEMARKS
FOR FREE
+
+
TMZOOM

Services Firms

Check IP services firms here

Feedback

Please report us if any of this content needs an update


Law Firms and
IP Consultancies

For legal advice please contact:

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

More info

Get Listed

Promote your expertise to IP professionals worldwide.
read more

Dominica (DM)

Print this page
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. Legal Basis of Dominica is the Marks, Collective Marks and Trade Names Act 1999, which was put into force on February 2nd, 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, 11th edition
Registrable as a trademark are traditional types of trademarks, i.e. words, slogans and designs, but not aromas, etc.
The following trademark types are registrable: trade marks, service marks, collective marks and trade names.
The application is filed at the trade marks registry at Roseau, Dominica
Multi-class applications are possible.
Paris Convention Priority is available.
Foreign Applicants need a local agent.
A notarized power of attorney is necessary. General powers of attorney are not permitted by the registry. Every 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.
Late renewal may be applied for within six months of expiration in the discretion of the Registrar. Another provision allows a further month for payment of the renewal fees.

Further practical details are available in our publication on this topic here
Removal from the register for non-use can be sought by an interested third party, but only after 3 years of continuous non-use following registration, which may be forgiven in special circumstances and upon evidence that there was no intent to abandon or not use the mark.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is XCD 450 in one class and XCD 200 for each additional class. The publication fee is XCD 100.

Currency Converter   (Source for exchange-rates: bankenverband.de)
Find out how much this is in your own currency and convert!

Initial currency

Amount
left-to-right wrrow
convert into
Target currency

Amount

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
Jun 27, 2018
Caribbean IP, West Palm Beach, FL 33401, USA  

Feb 05, 2016
Caribbean IP, West Palm Beach, FL 33401, USA  

Dez 04, 2014
Caribbean IP, West Palm Beach, FL 33401, USA  

Aug 23, 2013
Caribbean Trademark Services, West Palm Beach, FL, 33401, USA

Jul 12, 2012
Caribbean Trademark Services, 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.

Companies and Intellectual Property Office (CIPO)
Corner of Turkey Lane & Independence Street
Roseau, 00109-8000
Dominica

Current post-hurricane address:
Kennedy Avenue
Roseau
Dominica
Tel +1 767 266 3358
Fax +1 767 446 6593
Mail cipo@cwdom.dm
www.cipo.gov.dm
Ms. Sandra Julien, Registrar