The short answer
Under the Marks, Collective Marks and Trade Names Act, 2000 (Act No. 10 of 2000, Chapter 18.22) of Saint Christopher and Nevis, 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 Saint Kitts and Nevis at a glance
These rules come from the Marks, Collective Marks and Trade Names Act, 2000 (Act No. 10 of 2000, Chapter 18.22) of Saint Christopher and Nevis, 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 Saint Kitts and Nevis 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. Where the period prescribed for paying the renewal fee expires without payment, the Registrar gives the owner a period of grace not exceeding six months to pay it, with the late-payment surcharge (Section 10(2) and (3)). |
| 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 7(1)). |
| 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 person, 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 (Section 12). Special circumstances that prevented use are a defence. |
| 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 Saint Kitts and Nevis
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 whose ordinary residence or principal place of business is outside Saint Christopher and Nevis must be represented by a legal practitioner resident and practising there (Section 20(1)). We arrange this.
Trademark registration process in Saint Kitts and Nevis
Search
- Search the the Saint Kitts and Nevis Intellectual Property Office (the Registrar) records for identical or similar marks in your classes.
File the application
- File with the the Saint Kitts and Nevis Intellectual Property Office (the Registrar), through a registered agent in Saint Kitts and Nevis.
- 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 Saint Kitts and Nevis 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.
Saint Kitts and Nevis 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 Saint Kitts and Nevis 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 Saint Kitts and Nevis trademark
The court may invalidate a registration where the registration requirements are not met, effective from the date of registration, and may order removal of a mark for three years of non-use (Section 12).
Keep dated proof of use in Saint Kitts and Nevis: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Saint Kitts and Nevis
Search the Saint Kitts and Nevis trade mark register for the filing, publication, registration and renewal dates.
Sources used
- Marks, Collective Marks and Trade Names Act, 2000 (Act No. 10 of 2000, Chapter 18.22) of Saint Christopher and Nevis, English text on WIPO Lex: Sections 7, 10, 12 and 20.
- The Registrar for the Regulations, fees and forms.
Saint Kitts and Nevis trademark FAQ
How long does a trademark last in Saint Kitts and Nevis, 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 Saint Kitts and Nevis 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 Saint Kitts and Nevis?
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 7(1)).
How much does it cost to register a trademark in Saint Kitts and Nevis?
The official fee is set by the the Saint Kitts and Nevis 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 Saint Kitts and Nevis?
Yes. A foreign company can register a mark in Saint Kitts and Nevis, through a legal practitioner resident in Saint Christopher and Nevis. We arrange this.
Can I assign a Saint Kitts and Nevis 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 Saint Kitts and Nevis trademark be cancelled for non-use?
The court may, on the application of any interested person, 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 (Section 12). Special circumstances that prevented use are a defence.
How can I check the status of a Saint Kitts and Nevis trademark?
Use the the Saint Kitts and Nevis 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 Saint Kitts and Nevis Intellectual Property Office (the Registrar) so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Saint Kitts and Nevis
SUPREMEiP® files trademarks worldwide through its network and checks every Saint Kitts and Nevis deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
