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Caribbean IP
West Palm Beach, FL 33401, USA (US)

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Grand Cayman, Cayman Islands (KY)

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Turks and Caicos Islands (TC)

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Okt 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. Trade mark protection is obtained by registration. National applications can be filed under the Ordinance. However, a person who has filed an application for a trade mark in the UK or a Convention Country (being a country which is a party to the European Union Convention for the Protection of Industrial Property) has a right to priority for the purposes of registering that mark in the Turks and Caicos Islands for a period of 12 months from the date of filing the first application. If the application for registration under this Ordinance within that 12 month period the relevant date for the purposes of establishing which rights take precedence shall be the date of filing of the first United Kingdom or Convention application and the registrability of the trade mark shall not be affected by any use of the mark in the Islands in the period between that date and the date of the application under the Ordinance.

Goodwill acquired in a mark through use is also capable of protection under the common law of passing off. Only if a mark is registered is it entitled to protection under the Trade Marks Ordinance.
Nice classification, 7th 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.
The application is filed at the trademarks registry in Grand Turk.
Local applications are for single classes only.
A signed Authorisation of Agent form is needed. It need not be notarised or legalised.
If claiming priority from an application for a trade mark in the UK or a Convention Country, a certified copy of the registration certificate, should accompany the application filed in the Turks and Caicos Islands.
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 six months.


National:
An opposition must be filed within one month of the date of publication.
Marks registered prior to October 8th, 2007 were valid for a period of 14 years and that remains unchanged. Marks registered on or after October 8th, 2007 are valid for a period of 10 years.
All renewals effectuated on or after October 8th, 2007 are for a period of 10 years.
Since 2012, the payment of an annual maintenance fee of USD 100.00 is required for each trademark registration in Turks & Caicos Islands. 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 February 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 until all past due fees have been paid, at which time the rights are then deemed to be fully restored.
The Ordinance states that “A request for renewal shall be made, and the renewal fee paid, before the expiry of the registration and failing this, the request may be made and the fee paid within such further period (of not less than six months) as may be prescribed, in which case an additional renewal fee shall also be paid within that period.” However, according to the accompanying Rules, “At a time not less than 14 days and not more than one month before the expiration of the last registration of a mark, the Registrar may, if the prescribed renewal fee has not been received, send a notice to the registered proprietor at his registered address in Form TM 13.”

There is therefore a conflict between Section 20(3) of the Ordinance and the Rules. The Ordinance states that the prescribed period in which a late renewal can be filed to be “not less than six months” from the date of expiry. However, this conflicts with the Rules (61 and 62), which state that a one month grace period from the date of expiry applies. At present the Registrar adopts the one month period as set out in the Rules, even though this contradicts the Ordinance. This has not been legally challenged to the best of our knowledge.

Based on the Registrar’s application of the Rules:

  • If at the date of the expiration of the last registration of a mark the prescribed renewal fee has not been paid, the Registrar may, as soon as practicable, advertise the fact in the Gazette and, whether or not he does so, if within one month from such date of expiration the renewal fee together with Form TM 14 accompanied by the prescribed additional fee and Form TM 15 is received, the Registrar may renew the registration without removing the mark from the Register.


  • Where after one month from the date of expiration of the last registration such fees have not been paid or such forms have not been lodged, the Registrar may remove the mark from the Register as of such date of expiration, but after such removal he may, upon payment of the renewal fee and upon receipt of Form TM 14 together with the prescribed additional fee and Form TM 16, restore the mark to the Register if satisfied that it is just to do so and may so restore the mark upon such conditions as he may think fit to impose. The application for restoration must be made within five years following the expiration date.


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 completion of the registration may subject the trademark to an action by an interested party for cancellation by the Registrar or the Court

Further practical details are available in our publication on this topic here
The official fee for a national registration without priority claim is USD 400 for each class. The official fee for a national registration with priority claim is USD 200 for each class. 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.

Sep 19, 2019
HSM IP Ltd., Grand Cayman, Cayman Islands  

Sep 11, 2019
Millers Simons O’Sullivan, Grace Bay, Providenciales, Turks and Caicos Islands

Jun 27, 2018
Caribbean IP, West Palm Beach, FL 33401, USA  

Mrz 28, 2017
Caribbean IP, West Palm Beach, FL 33401, USA  

Nov 12, 2014
Caribbean IP, West Palm Beach, FL 33401, USA  

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

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

Sep 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 is an intellectual property law firm focusing on trademark and other IP services across 26 Caribbean jurisdictions. The firm prides itself on handling trademark searches, registrations, renewals, recordals, oppositions, and enforcement matters in a time- and cost-efficient manner. Katherine founded Caribbean IP in 2014, after working for several years in another Caribbean-focused practice. She and her partner Patrick Hely and their team work with clients from around the world, including numerous Fortune 500 companies and top-ranked law firms. The Caribbean IP team has experience handling all aspects of trademark practice across the Caribbean region.

Katherine obtained a Legal Education Certificate from the Eugene Dupuch Law School in The Bahamas and a Doctor of Jurisprudence from Vanderbilt University. She is a member of the Florida Bar and an active member of the International Trademark Association, where she is currently serving as Vice Chair of the INTA Bulletins Committee. She regularly writes articles on trademark law developments in the Caribbean for INTA and other global publications.

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.

The Registrar of Trademarks/Patents
Karlene Ferrier, Registrar
P.O. Box 79
Waterloo Plaza
Grand Turk
Turks & Caicos Islands
Tel +1 649 946 2550
Fax +1 649 946 2821
Mail registry@tcifsc.tc
www.tcifsc.tc


Providenciales Office:
P. O. Box 140
Caribbean Place Plaza
Leeward Highway
Providenciales
Turks & Caicos Islands

Tel +1 649 946 5314
Fax +1 649 941 3569