Montserrat Trade Mark Guide

Registration
A trade mark can be registered in Montserrat in two ways pursuant to the Trade Marks Act (Cap 15.23) which provides for both local trade mark applications dating from receipt of the application and applications to extend rights under a UK registration with effect from the date of registration in the UK.

For a local application the following information and documentation is required:

1. name of the trade mark
2. 10 prints 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. Authorisation of Agent (notarised)

For a UK-based application the following information and documentation is required:

1. name of the trade mark
2. 10 prints 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. certified copy of UK Certificate of Registration issued by the Intellectual Property Office of the UK (UK IPO)
6. Authorisation of Agent (notarised)

It usually takes six months or less for the Registry of Trade Marks in Montserrat to process a local application for registration. A UK-based application usually takes about two months to be processed. Paris Convention priority cannot be claimed. Once the registration is complete the Registry will issue a Certificate of Registration.

Classes
The International Classification system is used. Multi-class applications are allowed. A UK-based application, however, is restricted to the number of classes specified on the UK Certificate. Service Marks are permitted.

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 local 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 local registration is to be renewed the only documentation required is an application for an Address for Service (notarised) and an Authorisation of Agent (notarised).

A UK-based trade mark registration is valid for the same period that is shown on the UK Certificate and can be renewed once the underlying UK registration has been renewed. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration (and the UK registration if necessary) or allow the mark to lapse. If the UK-based registration is to be renewed the only documentation required is a certified copy of UK Certificate of Registration showing the renewal issued by the UK IPO and an Authorisation of Agent (notarised).

The application for renewal for a local registration 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 a mark can be restored to the Register upon payment of the prescribed fee.

The application for renewal for a UK-based registration must be filed within three months of the date of renewal in the UK. If an application for renewal is not made then the registration may be cancelled.

It usually takes three months or less for the Registry to process an application for renewal. Once the renewal is complete the Registry will issue a Renewal Certificate.

If you do not wish to renew the mark please inform us so that we can advise the Registry 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 Registry 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 Montserrat.

To record the assignment of a local trade mark registration the documentation required is the Deed of Assignment (notarised), an application to Record Change of Ownership (notarised) and an Authorisation of Agent (notarised).

To record the assignment of a UK-based trade mark registration the documentation required is the Deed of Assignment (notarised), a certified copy of the UK Certificate of Registration showing the assignment issued by the UK IPO and an Authorisation of Agent (notarised).

It usually takes three months or less for the Registry to process an application to record an assignment. Once the recording is complete the Registry will issue a Certificate of Recordal 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 Montserrat.

To record a change of name and/or address for a local trade mark registration the only documentation required is the official document evidencing the change (notarised) or an Affidavit verifying the change (notarised) and an Authorisation of Agent (notarised).

To record a change of name and/or address for a UK-based trade mark registration the documentation required is the official document evidencing the change (notarised) or an Affidavit verifying the change (notarised), a certified copy of the UK Certificate of Registration showing the change issued by the UK IPO and an Authorisation of Agent (notarised).

It usually takes three months or less for the Registry to process an application to record a Change of Particulars. Once the recording is complete the Registry will issue a Certificate of Recordal of Change of Name and/or Address.