Turks & Caicos Trade Mark Guide
Registration
A trade mark can be registered in Turks & Caicos pursuant to the Trade Marks Ordinance 2007 which provides for local trade mark applications.
The following information and documentation is required:
- name of the trade mark
- one copy of the mark (unless mark is word only)
- class(es) and specification of goods and/or services
- applicant’s name and address
- Authorisation of Agent (TM 1)
- certified copy of priority document (if priority is claimed)
It usually takes six months or less for the Registry to process an application for registration. Paris Convention priority can 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 not allowed. A separate application is required for each class of goods and/or services.
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.
Annual Fees
Once a trade mark has been registered in Turks & Caicos there is an annual fee payable to the Turks & Caicos Government in January each year.
It is possible to pay all the annual fees due in advance up to the next renewal date of the trade mark.
Failure to pay an annual fee will result in the mark losing its Good Standing and the registration rights protected by the registration being placed in abeyance. This will effectively prevent any enforcement action being taken.
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 one copy of the mark (unless mark is word only) and an Authorisation of Agent (TM 1).
The application for renewal should be filed within three months prior to the expiration date of the registration. A grace period of one month is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee.
It usually takes three months or less for the Registry to process an application for renewal. Once the renewal is complete the Registry will publish a Notice in The Gazette.
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.
Restoration
It is possible to make an application to the Registry to restore a trade mark that has been allowed to lapse upon payment of a restoration fee and any unpaid annual fees and penalties. The application for restoration must be made within five years following the expiration date and the Registry must be satisfied that the restoration is justified.
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 Turks & Caicos.
To record the assignment of a trade mark registration the documentation required is one copy of the mark (unless mark is word only), a Request by the Proprietor and Assignee to register the Assignee as the Subsequent Proprietor (TM 17), Declaration by Assignee in support of the Request made on TM 17 (TM 18) and an Authorisation of Agent (TM 1).
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 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 Turks & Caicos.
To record a change of name and/or address for a trade mark registration the documentation required is one copy of the mark (unless mark is word only), a Request to enter a Change of Name of Registered Proprietor (TM 24) and an Authorisation of Agent (TM 1).
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 Change.
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