HSM

Dominica Trade Mark Guide

Registration
A trade mark can be registered in Dominica pursuant to the Marks, Marks Collective and Trade Names Act No. 12 of 1999 which provides for local trade mark applications dating from receipt of the application.

The following information and documentation is required:

  1. name of the trade mark
  2. one copy of the mark (unless mark is word only)
  3. class(es) and specification of goods and/or services
  4. applicant’s name and address
  5. Application (Form 1) in triplicate (notarised)
  6. Authorisation of Agent (notarised)
  7. certified copy of priority document (if priority is claimed)

It usually takes about 12 months for the Registrar General of the Office of the Attorney General and Minister for Legal Affairs at the Ministry of Legal Affairs to process a local application for registration. Paris Convention priority can be claimed. Once the registration is complete the Registrar General will issue a Certificate of Registration.

Classes
The International Classification system is used. Multi-class applications are allowed.

Searches
In order to conduct a search the only documentation required is the name of the trade mark and one copy of the mark (unless mark is word only). The result can usually be provided within a week.

Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the documentation required is two copies of the mark (unless mark is word only), three copies of the Renewal Application (Form 5) and an Authorisation of Agent (notarised).

The application for renewal should be filed prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee. After that time an application for restoration may be made.

It usually takes three months or less for the Registrar General to process an application for renewal. Once the renewal is complete the Registrar General will issue a stamped copy of the Renewal Application (Form 5) as the Certificate of Renewal.

If you do not wish to renew the mark please inform us so that we can advise the Registrar General accordingly.

Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Registrar General accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in Dominica.

To record the assignment of a trade mark registration the documentation required is an Application to record a transaction affecting the rights in a mark (Form 6), an Authorisation of Agent (notarised) and other evidence of the assignment. In lieu of other evidence of the assignment a Certificate of Transfer (Form 9) or Transfer Document (Form 10) may be filed instead.

It usually takes four weeks or less for the Registrar General to process an application to record an assignment. Once the recording is complete the Registrar General will issue a Certificate of Assignment.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Dominica.

To record a change of name and/or address for a trade mark registration the documentation required is the document evidencing the change, an Application, Notification of Request to the Registrar (Form 2) and an Authorisation of Agent (notarised).

It usually takes four weeks or less for the Registrar General to process an application to record a Change of Particulars. Once the recording is complete the Registrar General will issue a Certificate of Change of Name and/or Address.

Contact

E-mail: ip@hsmoffice.com

Tel: +1 (345) 949-4766

 

Mail:

PO Box 31726, Grand Cayman KY1-1207

Cayman Islands

 

Courier:

HSM, 68 Fort Street, George Town

Grand Cayman, Cayman Islands

MEMBERSHIPS

The firm is a member of INTA, CITMA, AIPLA and IPCA