The short answer
Under the Trade Marks Act (Chapter 13.30), a registration expires 10 years after the filing date and is renewed for 10 years. A late renewal request is still accepted within 12 months after expiry, and the mark is removed from the Register 12 months after expiry if not renewed. Opposition is filed within the prescribed period, and a registration can be challenged for non-use after 3 years. An address for service in Saint Lucia is required.
Trademark deadlines in Saint Lucia at a glance
These rules come from the Trade Marks Act (Chapter 13.30, Act No. 22 of 2001, Revised Edition 2015) of Saint Lucia, 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 Lucia Act itself.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years after the filing date, renewable for periods of ten years (Section 56(3) and Sections 61 and 63). |
| Which date does the term count from? | The filing date of the application for registration (Section 56(3)). |
| When can I renew? | The owner makes a renewal request in the way required by the Act before the registration expires, and the Registrar renews it for 10 years from the day it would expire (Sections 59 and 61). |
| Is there a grace period? | Yes. A request made within 12 months after the registration expired is accepted, and the Registrar renews it for 10 years from the day it expired. If it is not renewed, the mark is removed from the Register 12 months after expiry (Sections 62 and 63). The Registrar also reminds the owner of the renewal date (Section 60). |
| 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 36). |
| 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 | Removal of a mark for non-use is available where the mark was not used for the registered goods or services during a period of 3 years ending one month before the non-use application, or was not used when the application to register it was filed. The Act treats the removal grounds in a dedicated part (see the Act's non-use removal provisions). |
| 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 Lucia
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 address for service in Saint Lucia is required (Section 186(5)). We provide it and act as your agent.
Trademark registration process in Saint Lucia
Search
- Search the the Saint Lucia Intellectual Property Office (the Registrar) records for identical or similar marks in your classes.
File the application
- File with the the Saint Lucia Intellectual Property Office (the Registrar), through a registered agent in Saint Lucia.
- 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 36).
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 Lucia 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 Lucia trademark validity and renewal
- A registration expires 10 years after the filing date.
- Renew before expiry; a request is still accepted for 12 months after.
- Unrenewed marks are removed from the Register 12 months after expiry.
- Use the mark to avoid a non-use removal after 3 years.
Diarise the expiry from the date stated in the Act and renew before it.
Assignment, licence and changes to a Saint Lucia 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 Lucia 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 (the non-use removal provisions).
Keep dated proof of use in Saint Lucia: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Saint Lucia
Search the Saint Lucia trade mark register for the filing, publication, registration and renewal dates.
Sources used
- Trade Marks Act (Chapter 13.30, Act No. 22 of 2001, Revised Edition 2015) of Saint Lucia, English text on WIPO Lex: Sections 36, 56, 59 to 64 and 186.
- The Registrar for the Regulations, fees and forms.
Saint Lucia trademark FAQ
How long does a trademark last in Saint Lucia, and from when?
Ten years after the filing date, renewable for periods of ten years (Section 56(3) and Sections 61 and 63). It counts from the filing date (Section 56).
When should I renew a Saint Lucia trademark, and is there a grace period?
The owner makes a renewal request in the way required by the Act before the registration expires, and the Registrar renews it for 10 years from the day it would expire (Sections 59 and 61).
What is the opposition period in Saint Lucia?
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 36).
How much does it cost to register a trademark in Saint Lucia?
The official fee is set by the the Saint Lucia 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 Lucia?
Yes. A foreign company can register a mark in Saint Lucia, giving an address for service in Saint Lucia. We arrange this.
Can I assign a Saint Lucia 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 Lucia trademark be cancelled for non-use?
Removal of a mark for non-use is available where the mark was not used for the registered goods or services during a period of 3 years ending one month before the non-use application, or was not used when the application to register it was filed. The Act treats the removal grounds in a dedicated part (see the Act's non-use removal provisions).
How can I check the status of a Saint Lucia trademark?
Use the the Saint Lucia 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 Lucia 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 Lucia
SUPREMEiP® files trademarks worldwide through its network and checks every Saint Lucia deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
