The short answer
Under the Trade Marks Act 2003 (Act No. 18 of 2003) of Antigua and Barbuda, a mark is registered for ten years from the filing date and can be renewed for consecutive periods of ten years. A six-month grace period is allowed for late payment of the renewal fee with a surcharge. Opposition is filed within the period prescribed by the Regulations, and a registered mark that has not been used for three years or longer can be removed on request unless special circumstances prevented use.
Trademark deadlines in Antigua and Barbuda at a glance
These rules come from the Trade Marks Act 2003 (Act No. 18 of 2003) of Antigua and Barbuda, in the English text on WIPO Lex. The prescribed periods for opposition and the fees are in the Regulations, so we confirm them before we file. The Act follows the model used across the Eastern Caribbean, but each state's text differs, so we read the Antigua and Barbuda Act itself.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years from the filing date of the application for registration, renewable for consecutive periods of ten years (Section 6(5) and (6)). |
| Which date does the term count from? | The filing date of the application for registration (Section 6(5)). |
| When can I renew? | The registered owner requests renewal for consecutive periods of ten years and pays the prescribed renewal fee (Section 6(6) and (7)). |
| Is there a grace period? | Yes. A grace period of six months is allowed for the late payment of the renewal fee on payment of the prescribed surcharge (Section 6(6) and (7)). |
| Opposition period | Any interested person may give notice of opposition to the Registrar within the prescribed period and in the prescribed manner, on the grounds that the registration requirements are not fulfilled. The Regulations set the period, so we confirm it before we advise (Section 5(4)). |
| Reply to an office action | The Registrar examines the application and tells the applicant of any objection. The applicant can respond, request a hearing and appeal. |
| Priority claim | The application may claim the priority of an earlier application in a Paris Convention state. The Convention period is six months. |
| Non-use | Any interested person may request the Registrar to remove a mark from the Register for goods or services if, up to one month before the request, it had not been used by the owner or a licensee for a continuous period of three years or longer after registration. A mark is not removed if special circumstances prevented use and there was no intention to abandon it (Section 7(4)). |
| Assignment | The rights in a mark can be assigned or transferred, and licences recorded, in the Register. We confirm the formalities with the Registrar. |
Who can register a trademark in Antigua and Barbuda
Any person who uses or intends to use a mark can apply to the Registrar. The Act also provides for collective marks and for well-known marks.
Representation. An applicant must be represented by a registered agent resident and practising in Antigua and Barbuda. We act as your registered agent.
Trademark registration process in Antigua and Barbuda
Search
- Search the the Antigua and Barbuda Intellectual Property Office (the Registrar) records for identical or similar marks in your classes.
File the application
- File with the the Antigua and Barbuda Intellectual Property Office (the Registrar), through a registered agent in Antigua and Barbuda.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After the application is accepted and published, any interested person can oppose within the period set by the Regulations (Section 5(4)).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Antigua and Barbuda Intellectual Property Office (the Registrar) and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Antigua and Barbuda trademark validity and renewal
- A registration lasts term from the filing date.
- Renew for consecutive periods of ten years on payment of the fee.
- A six months grace period applies with a surcharge.
- Use the mark to avoid removal after three years of non-use.
Diarise the expiry from the date stated in the Act and renew before it.
Assignment, licence and changes to a Antigua and Barbuda trademark
Invalidation
Registrar
Any interested person can request invalidation if the registrability requirements are not met, effective from the date of registration.
Removal
Non-use
Removal after three years of non-use unless special circumstances applied.
Collective marks
Special rules
The Act extends its provisions to collective marks.
Renewal
10 years
Renew for consecutive ten-year periods.
Non-use and cancellation of a Antigua and Barbuda trademark
The Registrar invalidates a registration where the requirements of the Act are not met, with effect from the date of registration. A mark can also be removed after three years of non-use (Section 7(4)).
Keep dated proof of use in Antigua and Barbuda: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Antigua and Barbuda
Search the Antigua and Barbuda trade mark register for the filing, publication, registration and renewal dates.
Sources used
- Trade Marks Act 2003 (Act No. 18 of 2003) of Antigua and Barbuda, English text on WIPO Lex: Sections 5 to 7 and the provisions on agents.
- The Registrar for the Regulations, fees and forms.
Antigua and Barbuda trademark FAQ
How long does a trademark last in Antigua and Barbuda, and from when?
Ten years from the filing date of the application for registration, renewable for consecutive periods of ten years (Section 6(5) and (6)). It counts from the filing date (Section 6).
When should I renew a Antigua and Barbuda trademark, and is there a grace period?
The registered owner requests renewal for consecutive periods of ten years and pays the prescribed renewal fee (Section 6(6) and (7)).
What is the opposition period in Antigua and Barbuda?
Any interested person may give notice of opposition to the Registrar within the prescribed period and in the prescribed manner, on the grounds that the registration requirements are not fulfilled. The Regulations set the period, so we confirm it before we advise (Section 5(4)).
How much does it cost to register a trademark in Antigua and Barbuda?
The official fee is set by the the Antigua and Barbuda Intellectual Property Office (the Registrar) and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Antigua and Barbuda?
Yes. A foreign company can register a mark in Antigua and Barbuda, through a registered agent resident in Antigua and Barbuda. We arrange this.
Can I assign a Antigua and Barbuda trademark?
The rights in a mark can be assigned or transferred, and licences recorded, in the Register. We confirm the formalities with the Registrar.
Can a Antigua and Barbuda trademark be cancelled for non-use?
Any interested person may request the Registrar to remove a mark from the Register for goods or services if, up to one month before the request, it had not been used by the owner or a licensee for a continuous period of three years or longer after registration. A mark is not removed if special circumstances prevented use and there was no intention to abandon it (Section 7(4)).
How can I check the status of a Antigua and Barbuda trademark?
Use the the Antigua and Barbuda Intellectual Property Office (the Registrar) register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
The application may claim the priority of an earlier application in a Paris Convention state. The Convention period is six months.
How do I change the owner's name or address?
Record the change with the the Antigua and Barbuda Intellectual Property Office (the Registrar) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Antigua and Barbuda
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