Patent timeframe in Saint Vincent and The Grenadines:
Patents generally should not exceed two years from the commencement of examination.
The documents required to be provided in duplicate originals are as follows:
1) PCT Request
2) International Application and Amended Claims
3) International Priority Application (if applicable)
4) International Search Report
5) WO Publication
7) Authorisation of Agent form. Late filing of the Authorisation of Agent form is permitted and in such a case must be filed within two (2) months of filing the PCT application.
Trademark Law in Saint Vincent and The Grenadines
Legal basis is the Trade Marks Act No. 46 of 2003, as amended by Act No. 50 of 2004, and the Trade Marks Regulations, 2004.
The application is filed at the Commerce and Intellectual Property Office (CIPO).
Multiple-class applications are possible.
An application can include goods in any number of classes, but with additional charges for each additional class.
A signed power of attorney is necessary.
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 in the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in Saint Vincent and the Grenadines is from 12-18 months.
The trademark application should be filed along with:
The Authorisation of Agent must be sworn before a Notary, with the notary stamp affixed on the document. In addition, the name, address (preferable the address of the Applicant) & position of the person signing on behalf of the company must be placed below the signature. The company stamp or seal must also be affixed on the document, if any.
Please note that when filing. an application, option 1 on the Authorisation of agent must be selected and the classes must be specified e.g. Berry in classes 1, 2 and 3
The applicant should also provide the following documents for registering a trademark application :
- Six (6) representation of the mark (they should not exceed 8 centimeters by B centimeters (3 inches by 3 inches)
- Priority document must be provided if the applicant is claiming priority for the trademark. Please note that the document must be in English, if not, a certified copy of the translation must be
Once we have all the above-mentioned documents and the prescribe fees (provided below), the trademark application will be filed at the Trademark Registry, i.e. CIPO.
The Evidence of filing will be emailed to you after the application is filed.
The trademark application will have to go through three levels of examination i.e.
- Minimum filing requirements: when the application is filed along with the Authorisation of Agent and the prescribe fee. The application will be accorded a filing date and number.
- Formalities Examination: this is to ensure that the application complies with certain formal requirements for registration.
- Substantive Examination: this is to ensure that the classification and specification of the designated good and services is correct pursuant to the
Trademarks Act and Regulations.
After the application goes through the examination process, the Registry will send a notice to the Agent on Record for the Applicant to pay a publication fee according to the type of mark and the number of classes. This is done to allow any person to institute proceedings for opposition to registration of the trademark.
After 3 months, if no one has filed a notice of opposition to the registration of the mark, the Registrar is required to register the trademark. Upon registration of the trademark, a notice wi\l be sent to the Agent on Record for the Applicant to pay a fee for the Certificate of Registration.
It takes approximately 12-18 months from filing application to obtaining Registration Certificate in a straight forward case.
Yes, international priority can be claimed, and the Registry requires a certified copy of the priority documents. The trademark application can be filed without the priority documents, but the said priority documents must be filed within 6 months of priority date.
The International NICE Classification applies fully in St. Vincent and the Grenadines.
A St. Vincent and the Grenadines registered trademark is valid for a period of ten (10) years.
- The period of validity is calculated from the filing date.
- The renewal application can be filed 6 months before the expiry date
We need the following information to file the trademark application
a. Name of the Applicant and the Applicant's address
b. Name of Trademark or jpeg format of Trademark logo
c. Class number and description of class