Legal basis is the Trade Marks Act, Cap 90:01, in force since 1952.
Guyana is not a member of the Madrid Agreement, the Madrid Protocol and the European Union.
Trademark protection is obtained by registration although there are some common law rights that exist for the first user of a mark.
The 11th edition of the Nice Classification applies to UK-based applications and covers goods and services in classes 1-45. For local applications, International classes 1-34 apply as provided in the Trade Mark Rules and may be used to register goods only.
A mark is defined to include a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof. Any mark deemed registrable by the UK IPO would be deemed registrable by the local registry if applying on the basis of that UK mark.
The following trademark types are registrable: trademarks, service marks, and certification marks. There is no provision for collective marks.
The application is filed at the Deeds Registry.
Multi-class applications are possible if the application is based on a prior UK registration. However, for applications within the local system, a separate application must be filed for each class. In addition, it is not possible to register service marks under the local system.
UK-based applications may include goods in any number of classes – however the number of classes will mirror the underlying UK registration.
Foreign applicants need a local agent.
A power of attorney form is required – this form must be signed and notarized. No legalization is required. For local applications, Statement A and Declaration forms are also required – these forms must also be signed and notarized.
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.
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 the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in Guyana varies greatly – however, UK-based applications are typically completed within 12-18 months. Local applications may take as long as several years to proceed to registration.
National:
The opposition period is one month from the publication date of the application.
Protection begins with the date of application for local applications. A local trademark registration is valid for seven years from the date of application. A local registration is renewable for periods of 14 years. On the other hand, any mark that is registered based upon an existing UK registration has a term that is identical to that of the corresponding UK registration.
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 fees for filing a trademark application is USD 120 for each class application. This fee includes all official fees through completion of registration.
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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
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Feb 02, 2022
Caribbean IP, West Palm Beach, USA
