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. 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.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe 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.
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