Dominica (DM)
04-12-2010 (Newsletter Issue 9)
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
Legal Basis is the Marks, Collective Marks and Trade Names Act 1999, which was put into force on February 2nd, 2009.
The international classification of good and services consisting of 45 classes has been adopted (currently 9th edition).
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.
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 notarised power of attorney is necessary.
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 18 months
Any applicant or owner of a UK registration may file an application to register the same mark in Dominica and thereby obtain the same filing/registration date in Dominica as for the UK mark, during the transition period which ends February 11, 2010.
The opposition period is two months.
A trademark registration is valid for 10 years from the filing date of application. It can be renewed for further periods of 10 years. Existing registrations keep their term of 14 years until their next renewal.
Removal from the register for non-use can be sought by an interested third party, but only after three 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.
Registration is $ 206.00 (approx. EUR 141.00) for the first class and $ 110.00 (approx. EUR 75.00) for each additional class and $ 221.00 (approx. EUR 152.00) and $ 129.00 (approx. EUR 89.00), respectively, for design marks.
(Renewal - $ 168.00, Assignment - $ 63.00, Change of Name or Address - $ 38.00)
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
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| Word Mark Search (identical) |
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| Extended Search (word mark, company name, domain) |
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| Device Mark Search (availability) |
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| Trademark Owner Search |
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| Company Name Search |
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| Domain Name Search (extended) |
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| i-Search (word mark availability + legal opinion) |
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The Prices above are S.M.D. Markeur Search Fees