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
EUIPO  WIPO
AIPO/OAPI  ARIPO
Enter Client Voucher:   Info
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:

HSM IP Ltd.
Grand Cayman, Cayman Islands (KY)

More info

Get Listed

Promote your expertise to IP professionals worldwide.
read more

Trinidad and Tobago (TT)

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
     Trademark Licensing

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.

Latest News: Jul 09, 2020 (Newsletter Issue 11/20)
New Trademarks Law Implemented
On June 25, 2020, the Trade Marks Act No. 8 of 2015 came into effect in Trinidad and Tobago repealing the Trade Marks Act, Chap. 82:81. The new Act was originally passed in June 2015, but its implementation was delayed pending the finalisation of the Trade Marks Regulations 2020.

Some of the important changes include:
- Online filing of trademark applications
- Use of latest Nice Classification (11th edition)
- Unified Register, instead of Part A and Part B Register
- Broader definition of marks for registering non-conventional marks
- Enhance protection for “well-known” marks
- Introduction of protection for collective marks
- Revised rules on ground of revocation on grounds of non-use

For further information, please see the article of our Country Index Partner HSM IP Ltd. here

Source: HSM IP Ltd., Cayman Islands


Nov 19, 2019 (Newsletter Issue 16/19)
Accession to Singapore Treaty
WIPO notifies the accession of Trinidad and Tobago to the Singapore Treaty on the Law of Trademarks, adopted at Singapore on March 27, 2006.

In conformity with Article 28(3), the said Treaty will enter into force, with respect to the Republic of Trinidad and Tobago, on January 4, 2020.


Source: www.wipo.int

Jul 28, 2015 (Newsletter Issue 12/15)
New Laws Soon
After considering the Trade Marks Bill, 2014 in April of this year, the Senate of Trinidad & Tobago assented to the Trade Marks Act, 2015 on June 12, 2015. The remaining step to bring the new Act into effect is a proclamation, which will likely happen after completion of companion regulations. This new act will replace the existing Trade Marks Act, Chap. 82:81

Perhaps most notably, the act allows the Minister in charge of intellectual property to make regulations giving effect to the provisions of the Madrid Protocol. This positions Trinidad to become one of the few Commonwealth Caribbean countries to implement Madrid – the only other country having done so thus far being Antigua & Barbuda. Implementation of Madrid may be an exciting prospect to many trademark applicants, as it allows for simplified filing across multiple jurisdictions simultaneously. However, some countries have taken to issuing regular provisional refusals, and it is possible that the Intellectual Property Office in Trinidad will follow suit. The Registry in Antigua & Barbuda regularly issues provisional refusals to international applications which must be dealt with individually and on a local basis.

Another important change for mark owners is that the new act will implement the most recent version of the Nice Classification system. At present, Trinidad still follows the Seventh Edition of the Nice Classification, which only protects goods and services up to Class 42. Bringing the most current version of Nice into effect will be an exciting change for trademark owners, as they will be able to better protect their goods and services of interest.

Source: Caribbean IP, USA


Jun 30, 2015 (Newsletter Issue 10/15)
Draft Trade Marks Bill
The new Trade Marks Bill, 2014 went before the Senate of Trinidad and Tobago for consideration on April 13, 2015. Once passed into law as the Trade Marks Act, the bill would repeal and replace the current Trade Marks Act, Chap. 82:81. Perhaps most notably, the bill includes provisions that would allow the Minister responsible for intellectual property rights to make regulations giving effect to the provisions of the Madrid Protocol. Thus, Trinidad and Tobago is paving the way towards implementation of the Madrid Protocol and allowing designation of the country on international applications filed through the World Intellectual Property Organization. It would be one of the first Commonwealth Caribbean countries to implement the Madrid Protocol—the only other country that has done so thus far is Antigua and Barbuda.

The Trade Marks Bill provides for greater protection of well-known trademarks in the islands. There are also a number of provisions regarding border enforcement measures. These provisions allow for trademark owners to alert the Comptroller of Customs & Excise to potentially infringing goods that are being transited to or through the country. Notably, trademark owners will be required to deposit an amount of funds to cover any expenses incurred by the State in seizing and investigating the potentially infringing goods.

Although it has been possible to register certification marks under the current legal framework, it will also be possible to register collective marks under the new law.

With respect to classification of goods and services, the bill indicates that goods and services “shall be classified … according to a prescribed system of classification,” leaving the door open to implementation of the most recent version (the tenth edition) of the Nice Classification. Trinidad and Tobago currently adheres to the seventh edition of the Nice Classification, which provides registration up to Class 42 only.

Applicants will be allowed to convert pending applications that have not yet been advertised to become applications examined under the new law. This process will require the applicant to give notice to the Controller and pay a prescribed fee; however, it is important to note that conversion will be possible only for six months after the commencement of the new law. Existing registered marks will be deemed registered trademarks for the purposes of the new law. While existing disclaimers or limitations entered on the register under the prior law will remain viable, all associations entered with respect to other registered marks will cease to have effect upon commencement of the new law.

Once the new law becomes effective—hopefully by the end of this year—no application for revocation of an existing registered mark registered under the prior law may be made until more than five years have passed from the commencement of the new law. Importantly, the new law increases the non-use period from three years to five years.

Source: INTA Bulletin Vol. 70 No. 11 of June 15, 2015
Contributor: Caribbean IP, USA and verifier: J.D. Sellier + Co., Trinidad and Tobago




Legal basis is the Trademarks Act, 2015 (referred to as the Act).
Trinidad & Tobago is not yet a party to the Madrid Protocol. However, Trinidad and Tobago plans to accede to the Madrid Protocol in the future, and the Act provides that the Minister may make regulations to give effect to the provisions of the Madrid Protocol or of any treaty, convention, arrangement or engagement relating to trademarks to which Trinidad and Tobago is a party.
Trademark protection is obtained by registration.
Unregistered trademarks may also be protected under the common law of passing off.
Nice classification, 11th edition
According to the Act, a “trade mark”, except in relation to a certification trade mark, is any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person, from goods or services so dealt with or provided by any other person. This includes any letter, word, name, signature, numeral, device, brand, heading, label, ticket, shape, colour, aspect of packaging or any combination thereof, as well as any scent, sound, taste, or three-dimensional marks, to the extent that they are capable of graphical representation and distinguishing.

The following trademark types are registrable: trademarks, service marks, collective marks and certification marks.
The application is filed at the Intellectual Property Office.
Multiple-class applications are possible.
An application can include goods in any number of classes, but with additional charges for each additional class.
Foreign applicants need a local agent.
A power of attorney authenticated by any Consulate is not necessary.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published once in an Electronic Trademarks Journal. The publication is weekly every Wednesday
The approximate time frame for completing the registration process of a trademark in Trinidad & Tobago is from 8 months to 2 years.
National:
The opposition period is 3 months from publication date of the application.
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years. However, if priority it claimed, the trademark registration will be valid for 10 years from the priority date and not the date of filing in Trinidad and Tobago.
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 application fee is TTD 1,400 for one class and TTD 150 for each additional class. Registration certificates are issued electronically, although hard copies can be requested on payment of an additional fee of TTD 350.

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

Practical details on trademark licensing are available in our publication here
SMD Group thanks the following law firms for their assictance in updating the information provided.

Jul 14, 2020
Caribbean IP, West Palm Beach, USA  

Jul 01, 2020
HSM IP Ltd., Grand Cayman, Cayman Islands  



HSM IP Ltd.



Sophie Peat

Sophie Peat
68 Fort Street, George Town
KY1-1207 Grand Cayman
Cayman Islands (KY)
Tel +1 345 949 4766
Fax +1 345 946 8825
info@hsmoffice.com
www.hsmoffice.com

HSM IP Ltd. provides worldwide intellectual property services. Based in the Cayman Islands and independently owned and operated, our experienced team of attorneys and paralegals deliver first class service to a broad client base which includes major Fortune Global 500 brand owners, international law firms and other specialist IP practices. Our broad perspective, practical approach and international experience allow us to offer clients a unique insight into IP issues internationally. The success and growth of our firm is due to our keen understanding of our clients’ needs for a comprehenisve “one-stop shop” which encompasses a wide range of services from the initial consultation process to searches, registrations, annuity payments and monitoring and renewals. We offer a competitive schedule of fixed fees, inclusive of both disbursements and official fees, which means we can provide clients with an accurate estimate of their project costs before embarking on a global filing programme for their portfolio. We have a wealth of knowledge and specialise in the Caribbean, Central and Latin America and other off shore jurisdictions. Our staff regularly contribute to leading IP publications and we also publish a range of country-specific IP Client Guides which are available on our website.

Intellectual Property Office
3rd Floor
Capital Plaza
11-13 Frederick Street
Port of Spain
Trinidad and Tobago
Tel +1 868 625 9972
Fax +1 898 624 1221
Mail info@ipo.gov.tt
www.ipo.gov.tt