Trinidad & Tobago Trade Mark Guide

Registration
A trade mark can be registered in Trinidad & Tobago pursuant to the Trade Marks Act, 2015 (Act No. 8 of 2015) which provides for local trade mark applications.

The following information and documentation is required:

1. a clear representation of the trade mark
2. class(es) and specification of goods and/or services
3. applicant’s name and address
4. Authorisation of Agent (TM-No. 1)
5. certified scanned copy of priority document (if priority is claimed)

It usually takes about 18 months for the Controller of the Intellectual Property Office in the Ministry of the Attorney General and Legal Affairs to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Controller will issue a Registration Certificate.

Use
If a trade mark is not used within five years after registration it may be cancelled.

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 four weeks.

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 only documentation required is a Request for Renewal of Registration (TM-No. 9) and an Authorisation of Agent (TM-No.1).

The application for renewal should be filed within six months 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 the registration may be removed from the Register.

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

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

Restoration
It is possible to make an application to the Controller to restore a trade mark. The application must, however, be made within six months from the date that the mark was removed from the Register.

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 Controller 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 Trinidad & Tobago.

To record the assignment of a trade mark registration the documentation required is a Request for the Record of Change in Ownership (TM-No.12), the original assignment agreement (notarised) and an Authorisation of Agent (TM-No.1).

It usually takes nine months or less for the Controller to process an application to record an assignment. Once the recording is complete the Controller 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 Trinidad & Tobago.

To record a change of name for a trade mark registration the documentation required is a Request for Record of Change in Name or Address (TM-No. 14), a certified copy of the document evidencing the change of name and an Authorisation of Agent (TM-No.1). To record a change of address for a trade mark registration the only documentation required is a Request for Record of Change in Name or Address (TM-No. 14) and an Authorisation of Agent (TM-No.1).

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