The short answer
In Barbados a registered mark is valid for 10 years from the date of registration and can be renewed for consecutive periods of 10 years. Renew within the 12 months before expiry, or within 6 months after expiry on payment of the fee. Opposition must be filed within 90 days, and an owner outside Barbados must give an address for service in Barbados.
Trademark deadlines in Barbados at a glance
These rules come from the Trade Marks Act, Chapter 319 (Act 1981-56, as amended up to Act 2006-2), in the English text on WIPO Lex. Fees and forms are in the regulations and change, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the date of registration, renewable for consecutive periods of 10 years (Section 25). |
| Which date does the term count from? | The date of registration (Section 25). |
| When can I renew? | Apply in the prescribed form, with the fee, within the 12 months immediately before expiry. A renewal cannot add goods or services and is not re-examined (Sections 26 and 27). |
| Is there a grace period? | Yes. The owner can renew within 6 months after the expiry of the earlier registration on payment of the prescribed fee (Section 27(4)). |
| Opposition period | A person can file a notice of opposition within 90 days of the date set by the Act for the application, in the prescribed manner. The applicant has 30 days to file an answer, and the Director then hears the matter (Section 17). |
| Reply to an office action | The Director examines the application and the applicant has set periods, such as 60 days, to respond to objections (the examination provisions of the Act). We diarise each notice. |
| Priority claim | Priority from an earlier application in a Paris Convention or TRIPS country can be claimed. A written statement is filed with the application and a certified copy of the earlier application within 90 days of the application date (Section 12). |
| Non-use | The Act provides for cancellation of a registration on the grounds it sets out. We check the current non-use and cancellation provisions before advising on any action. |
| Assignment | Changes in ownership and details are recorded in the register, and the registered owner must tell the Director of any change of address or address for service in Barbados (register provisions of the Act). |
| Renewal limits | At renewal no goods or services can be added, and no fresh examination or opposition applies unless the renewal breaks that rule (Section 27). |
Who can register a trademark in Barbados
A person who uses or intends to use a mark can apply to the Director. An applicant from a Paris Convention or TRIPS country can claim the priority of an earlier application.
Representation. A registered owner who resides outside Barbados must give an address for service within Barbados, which is recorded in the register. We provide it.
Trademark registration process in Barbados
Search
- Search the the Corporate Affairs and Intellectual Property Office (CAIPO) of Barbados records for identical or similar marks in your classes.
File the application
- File with the the Corporate Affairs and Intellectual Property Office (CAIPO) of Barbados, through a Barbados address for service.
- 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 published, a person can oppose within 90 days. The applicant answers within 30 days, and the Director hears the matter (Section 17).
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 Corporate Affairs and Intellectual Property Office (CAIPO) of Barbados 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.
Barbados trademark validity and renewal
- A registration lasts 10 years from the date of registration.
- Renew within the 12 months before expiry.
- A 6-month late renewal period applies after expiry.
- A renewal cannot add goods or services.
Diarise the 12-month window from the date on the certificate.
Assignment, licence and changes to a Barbadian trademark
Ownership
Record the change
Changes of owner are recorded in the register on application.
Address
Notify the Director
Notify any change of address or address for service in Barbados (register provisions of the Act).
Renewal
Narrower only
On renewal, goods or services can only be removed, not added (Section 27(1)).
Certification marks
Special rules
The Act has separate provisions for certification marks.
Non-use and cancellation of a Barbadian trademark
The Act allows the cancellation of a mark by the Director or the court in the cases it sets out. We confirm the current provisions, including any period of non-use, before we advise on a cancellation action.
Keep dated proof of use in Barbados: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Barbados
Search the CAIPO register and read the Official Gazette for the dates of application, registration and renewal.
Sources used
- Trade Marks Act, Chapter 319 (Act 1981-56 as amended to 2006-2), Barbados, English text on WIPO Lex: Sections 12, 17, 22, 25 to 27.
- CAIPO for the current regulations, fees and forms.
Barbados trademark FAQ
How long does a trademark last in Barbados, and from when?
10 years from the date of registration, renewable for consecutive periods of 10 years (Section 25). It counts from the date of registration (Section 25).
When should I renew a Barbadian trademark, and is there a grace period?
Apply in the prescribed form, with the fee, within the 12 months immediately before expiry. A renewal cannot add goods or services and is not re-examined (Sections 26 and 27).
What is the opposition period in Barbados?
A person can file a notice of opposition within 90 days of the date set by the Act for the application, in the prescribed manner. The applicant has 30 days to file an answer, and the Director then hears the matter (Section 17).
How much does it cost to register a trademark in Barbados?
The official fee is set by the the Corporate Affairs and Intellectual Property Office (CAIPO) of Barbados 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 Barbados?
Yes. A foreign company can register a mark in Barbados, giving an address for service in Barbados. We arrange this.
Can I assign a Barbadian trademark?
Changes in ownership and details are recorded in the register, and the registered owner must tell the Director of any change of address or address for service in Barbados (register provisions of the Act).
Can a Barbadian trademark be cancelled for non-use?
The Act provides for cancellation of a registration on the grounds it sets out. We check the current non-use and cancellation provisions before advising on any action.
How can I check the status of a Barbadian trademark?
Use the the Corporate Affairs and Intellectual Property Office (CAIPO) of Barbados register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority from an earlier application in a Paris Convention or TRIPS country can be claimed. A written statement is filed with the application and a certified copy of the earlier application within 90 days of the application date (Section 12).
How do I change the owner's name or address?
Record the change with the the Corporate Affairs and Intellectual Property Office (CAIPO) of Barbados so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Barbados
SUPREMEiP® files trademarks worldwide through its network and checks every Barbadian deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
