Patent Registration in Turks and Caicos Islands:
It takes approximately six to nine months for these applications to be completed, inclusive of the two-month opposition period following the publication of the application in the local Gazette newspaper.
You may already be aware that the patents must first be registered in either the UK or the EU before being registered in the TCI.
We will require the following original documents to complete the application:
- Certified copy of the patent specifications and entries made to date in Register of Patents.
- Affidavit certifying the authenticity of UK/EU Patent
Patents registrations must be renewed every five (5) years
Trademark Law in Turks and Caicos Islands:
Legal basis is the Trade Marks Ordinance revised Edition showing the law as of December 31, 2014.
Trade mark protection is obtained by registration. National applications can be filed under the Ordinance. However, a person who has filed an application for a trade mark in the UK or a Convention Country (being a country which is a party to the European Union Convention for the Protection of Industrial Property) has a right to priority for the purposes of registering that mark in the Turks and Caicos Islands for a period of 12 months from the date of filing the first application. If the application for registration under this Ordinance within that 12 month period the relevant date for the purposes of establishing which rights take precedence shall be the date of filing of the first United Kingdom or Convention application and the registrability of the trade mark shall not be affected by any use of the mark in the Islands in the period between that date and the date of the application under the Ordinance.
Goodwill acquired in a mark through use is also capable of protection under the common law of passing off. Only if a mark is registered is it entitled to protection under the Trade Marks Ordinance.
Nice classification, 7th edition
Trademarks and service marks are registrable in classes 1-45.
Registration Proceedings in Turks and Caicos Islands
The application is filed at the trademarks registry in Grand Turk.
Local applications are for single classes only.
If claiming priority from an application for a trade mark in the UK or a Convention Country, a certified copy of the registration certificate, should accompany the application filed in the Turks and Caicos Islands.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
After formal examination and acceptance, the mark is published in the weekly Gazette for opposition.
The processing time from first filing to registration is typically from 6 to 9 months.
An opposition must be filed within one month of the date of publication.
Marks registered prior to October 8th, 2007 were valid for a period of 14 years and that remains unchanged. Marks registered on or after October 8th, 2007 are valid for a period of 10 years.
All renewals effectuated on or after October 8th, 2007 are for a period of 10 years.
Since 2012, the payment of an annual maintenance fee is required for each trademark registration in Turks & Caicos Islands.
A one month grace period until February 1st is allowed each year for late payment, failing which the trademark rights are deemed to be in abeyance and will remain in suspense unless and until all past due fees have been paid, at which time the rights are then deemed to be fully restored.
Trademark registrations must be renewed every ten (10) years.
Trademarks must undergo an annual maintenance.
Simply signature Power of Attorney required.
Trademark registration timeframe in Turks and caicos islands:
It takes approximately 6 to 9 months for these applications to be completed, inclusive of the one-month opposition period following the publication of the application in the local Gazette newspaper.
We will require a copy of the mark and the description of goods or services in order to complete the application, which can be sent to us by email.