PATENTS

Patent Applications in Guyana:

1. A power of attorney signed by the applicant and attested by two witnesses.

2. An application with a declaration as to the true and first inventor signed by the inventor or by both the applicant and the inventor.

3. Three copies of the specification.

4. Three sets of the formal drawings, if any.

Patent Applications (confirmation of UK Patents) in Guyana:

1. A power of attorney signed by the applicant and attested by two witnesses.

2. An application signed by the owner of the UK patent.

3. A certified copy of the UK letters patent.

Validity:
The certificate of registration is valid from the date of filing the application.

Timeframe:
The average time between the filing of a patent and the issuance of the certificate of registration is thirty-six (36) months, approximately.

TRADEMARKS

Trademark Law in Guyana
Legal basis is the Trade Marks Act, Cap 90:01, in force since 1952.
Guyana is not a member of the Madrid Agreement, the Madrid Protocol and the European Union.
Trademark protection is obtained by registration although there are some common law rights that exist for the first user of a mark.

Classification
The 11th edition of the Nice Classification applies to UK-based applications and covers goods and services in classes 1-45. For local applications, International classes 1-34 apply as provided in the Trade Mark Rules and may be used to register goods only.

The following is the Trademark filing requirements for Guyana:
(a)   Name and address of the Company or person registering the trademark;

(b)   Power of Attorney (POA) with original signature and stamp of applicant (notarisation not required)

(c)   Names of Partners/Directors of the Company;

(d)   Class / List of Goods

(e)   Name of the trademark

(f)    5 prints of the trademark - device or word.

(g)   Logo: specified colours and if you will be claiming all or part of the colour.
 

Trademark registration procedure in Guyana:

1.      The application is filed at the Commercial Registry, Intellectual Property Office. The application takes appropriately two weeks to process. 

2.      Commercial Registry, Intellectual Property Office reviews the application and sends it within two weeks to the Official Gazette to be published and advertised, inviting oppositions.

3.      It is then advertised in the Official Gazette ten (10) days after filing.

4.      Waiting period of one month for objection or opposition after advertisement in the Official Gazette.

5.      If no opposition, after the one month waiting period, the fee for Registration and other related fees as necessary are then paid.

6.      The Registrar inserts the particulars of the mark in the Register and issues a Certificate of Registration bearing the seal of the Patent Office.

Timeframe:
Typically, in Guyana, the timeframe for registering a trademark is approximately from 6 to 9 months from the date of filing the application in a smooth procedure.

National Opposition Period:
The opposition period is one (1) month from the publication date of the application.

Trademark Duration
Protection begins with the date of application for local applications. A local trademark registration is valid for seven (7) years from the date of application. A local registration is renewable for periods of 14 years. On the other hand, any mark that is registered based upon an existing UK registration has a term that is identical to that of the corresponding UK registration.

Remarks about the Registration process in Guyana:
The application is filed at the Deeds Registry.
Multi-class applications are possible if the application is based on a prior UK registration. However, for applications within the local system, a separate application must be filed for each class. In addition, it is not possible to register service marks under the local system.
UK-based applications may include goods in any number of classes – however the number of classes will mirror the underlying UK registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published once in the official gazette prior to registration.
The due the regular backlog of registry applications the timeframe can vary greatly.