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West Palm Beach, FL 33401, USA (US)

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Turks and Caicos Islands (TC)

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10-01-2011 (Newsletter Issue 11/11)
Introduction of Annual Maintenance Fee
The Turks & Caicos Islands Trade Marks (Amendment) Rules took effect on July 29, 2011.
They require the payment of an annual maintenance fee of USD 100.00 for each trademark registration in Turks & Caicos Islands, beginning January 1, 2012. If a particular mark is registered in more than one class, the official fee of USD 100.00 covers all classes.
A one month grace period until Feburary 1st is allowed each year for late payment, failing which the trademark rights are deemed to be in abeyance and will remain in suspense unless and untill all past due fees have been paid, at which time the rights are then deemed to be fully restored.

Source: George C. J. Moore, Barrister - Carribean Trademark Services, West Palm Beach, Florida


Legal basis is the Trade Marks Ordinance revised Edition showing the law as of December 31, 2014.
In Turks & Caicos Islands, one can apply to register a trade mark in either of two ways: based upon a UK registration or independently within the local system.
If the subject mark has been registered in the UK, it can be registered in Turks & Caicos Islands in the same class or classes that are covered by the UK registration. It is also possible to use a EUTM registration as the basis for a registration in Turks & Caicos Islands. However, it is not possible to extend an International Registration to Turks & Caicos Islands.
If the subject mark has not been registered in the UK or as a EUTM, an application can be made within the local system.
Trademark protection is obtained by registration. It can also be acquired by mere 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 Ordinance.
Nice classification, 10th edition
Trademarks and service marks are registrable in classes 1-45.
Registrable as 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.
Trade marks, service marks, certification marks and collective marks can all be registered under the act. However, a certification mark can only be based upon an existing registration of the same certification mark in the UK.
The application is filed at the trademarks registry in Grand Turk.
Multi-class applications are possible only for UK- or EUTM-based applications. Local applications are for single classes only.
A signed Authorisation of Agent form is needed. It need not be notarised or legalised.
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 in the weekly Gazette for opposition.
The processing time from first filing to registration is typically nine to twelve months.
Any applicant or owner of a UK or EUTM registration who files an application to register the same mark based upon the UK or EUTM registration does not obtain. the same filing/registration date as in the UK or EU. Instead, the registration will date from the date of local filing in Turks & Caicos Islands.
National:
An opposition must be filed within one month of the date of publication.

Opposition against designation of IR Mark
not a member of the Madrid Agreement or Protocol
Marks registered prior to October 8th, 2007 were for a period of 14 years and that remains unchanged. Marks registered within the local system on or after October 8th, 2007 are for a period of 10 years.
On the other hand, any marks which are registered on or after October 8th, 2007 based upon a UK registration have terms which are identical to that of the corresponding UK registration.
Previously, all marks which were registered based upon a UK registration had a term of 14 years irrespective of the period remaining on the underlying UK registration.
All renewals effectuated on or after October 8th, 2007 are for a period of 10 years.
The payment of an annual maintenance fee of USD 100.00 is required for each trademark registration in Turks & Caicos Islands, beginning January 1, 2012. If a particular mark is registered in more than one class, the official fee of USD 100.00 covers all classes.
A one month grace period until Feburary 1st is allowed each year for late payment, failing which the trademark rights are deemed to be in abeyance and will remain in suspense unless and untill all past due fees have been paid, at which time the rights are then deemed to be fully restored.

The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
No local use or intent to use is necessary prior to application but failure to use the trademark within a period of five years following registration may subject the trademark to an action by an interested party for cancellation by the Court.

Further practical details are available in our publication on this topic here
The official fee for a registration is USD 400 for each class, which applies to both local and UK-based registrations. The Registrar also imposes a fee of USD 175 for publication of an application in the Gazette, regardless of the number of classes covered by the application. A similar fee is charged for the publication of renewals and proprietorship changes, such as assignments and mergers, and changes of name or address.

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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
03-28-2017
Caribbean IP, West Palm Beach, FL 33401, USA  

11-12-2014
Caribbean IP, West Palm Beach, FL 33401, USA  

06-05-2013
Caribbean Trademark Services, West Palm Beach, FL, 33401, USA

08-07-2012
Caribbean Trademark Services, West Palm Beach, FL, 33401, USA

09-27-2011
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 – Katherine Van Deusen Hely, P.L.L.C. is an IP law firm focusing on trademark and other IP services across 24 Caribbean jurisdictions. The firm prides itself on handling trademark searches, registrations, renewals, recordals, oppositions and enforcement matters in a time- and cost-efficient manner. Before founding Caribbean IP in 2014, Katherine worked closely with her cousin, George C. J. Moore. After his passing in 2013, she continued his Caribbean practice as the sole attorney point-of-contact for the firm, working with numerous Fortune 500 companies and clients around the world. Katherine has experience handling all aspects of trademark practice in the English- and Dutch-speaking Caribbean.

Katherine obtained a Legal Education Certificate from the Eugene Dupuch Law School in The Bahamas and a law degree from Vanderbilt University. She is a member of the Florida Bar and an active member of the International Trademark Association, serving on the INTA Bulletin Committee (Latin America and Caribbean Subcommittee) since 2013. She regularly writes articles on trademark law developments in the Caribbean.

The Registrar of Trademarks/Patents
Mr John James
Financial Services Commission
Harry H Francis Building, Pond Street
Grand Turk, Turks & Caicos Islands
Tel +1 649 946 2550
Fax +1 649 946 2821
www.tcifsc.tc