The short answer
Under the Marks, Collective Marks and Trade Names Act (Dominica), a mark is registered for ten years from the filing date and can be renewed for consecutive periods of ten years. A grace period of up to six months 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 Dominica at a glance
These rules come from the Marks, Collective Marks and Trade Names Act (Dominica), 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 Dominica 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 on written request (Section 10(1)). |
| Which date does the term count from? | The filing date of the application for registration (Section 10(1)). |
| When can I renew? | The registered owner requests renewal for consecutive periods of ten years and pays the prescribed renewal fee (Section 10). |
| Is there a grace period? | Yes. If the renewal fee is not paid in the prescribed period, the Registrar allows a period of grace not exceeding six months to pay it, together with the surcharge for late payment (Section 10(2)). |
| Opposition period | Any interested person may give notice of opposition to the Registrar within the prescribed period and in the prescribed manner, on the ground that the registration requirements are not met or that the sign is not a mark. The applicant files a counter-statement within the prescribed period (Section 7). The Regulations set the period, so we confirm it before we advise. |
| 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 | The Court may, on the application of any interested party, order the removal of a mark from the Register for goods or services if, up to one month before the request, the mark had not been used by the owner or a licensee for a continuous period of three years or longer after registration. It will not order removal if the owner shows special circumstances that prevented use and no intention to abandon it (Section 12). |
| 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 Dominica
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. We act as your agent before the Registrar. We confirm any local representation rule before filing.
Trademark registration process in Dominica
Search
- Search the the Dominica Intellectual Property Office (the Registrar) records for identical or similar marks in your classes.
File the application
- File with the the Dominica Intellectual Property Office (the Registrar), through a registered agent in Dominica.
- 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 7(1)).
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 Dominica 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.
Dominica 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 up to 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 Dominica 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 Dominica trademark
The Court may invalidate a registration if the sign is not a mark as defined in the Act or the registration requirements of Section 4 were not met, with effect from the date of registration (Section 11). The Court may also order removal after three years of non-use (Section 12).
Keep dated proof of use in Dominica: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Dominica
Search the Dominica trade mark register for the filing, publication, registration and renewal dates.
Sources used
- Marks, Collective Marks and Trade Names Act (Dominica), English text on WIPO Lex: Sections 7, 10, 11 and 12.
- The Registrar for the Regulations, fees and forms.
Dominica trademark FAQ
How long does a trademark last in Dominica, and from when?
Ten years from the filing date of the application for registration, renewable for consecutive periods of ten years on written request (Section 10(1)). It counts from the filing date (Section 10).
When should I renew a Dominica 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 10).
What is the opposition period in Dominica?
Any interested person may give notice of opposition to the Registrar within the prescribed period and in the prescribed manner, on the ground that the registration requirements are not met or that the sign is not a mark. The applicant files a counter-statement within the prescribed period (Section 7). The Regulations set the period, so we confirm it before we advise.
How much does it cost to register a trademark in Dominica?
The official fee is set by the the Dominica 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 Dominica?
Yes. A foreign company can register a mark in Dominica, normally through a local registered agent. We arrange this.
Can I assign a Dominica 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 Dominica trademark be cancelled for non-use?
The Court may, on the application of any interested party, order the removal of a mark from the Register for goods or services if, up to one month before the request, the mark had not been used by the owner or a licensee for a continuous period of three years or longer after registration. It will not order removal if the owner shows special circumstances that prevented use and no intention to abandon it (Section 12).
How can I check the status of a Dominica trademark?
Use the the Dominica 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 Dominica Intellectual Property Office (the Registrar) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Dominica
SUPREMEiP® files trademarks worldwide through its network and checks every Dominica deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
