The short answer
Under the Trade Marks Act, 2003 (Cap. 315), a registration expires ten years after the filing date and is renewed for ten years. A late renewal request is still accepted within twelve months after expiry, and the mark is removed from the Register twelve months after expiry if not renewed. Opposition is filed within the prescribed period, and a registration can be challenged for non-use over a period of three years. An address for service in Saint Vincent and the Grenadines is required.
Trademark deadlines in Saint Vincent and the Grenadines at a glance
These rules come from the Trade Marks Act, 2003 (Act No. 46 of 2003, Cap. 315, as amended by Act No. 50 of 2004) of Saint Vincent and the Grenadines, 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 Vincent and the Grenadines Act itself.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years after the filing date, renewable for periods of ten years (Section 59 and the term provisions). |
| Which date does the term count from? | The filing date of the application for registration, unless cancelled or removed earlier. |
| When can I renew? | A person may, within the prescribed period before the registration expires, ask the Registrar to renew it, and the Registrar renews it for ten years (Section 55 and the renewal provisions). |
| Is there a grace period? | Yes. If a request is made within twelve months after the registration expired, the Registrar renews it for ten years from the day it expired. An unrenewed mark is removed from the Register twelve months after expiry, and during those twelve months it is treated as registered for the purposes of a rival application (Sections 59 and 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 (the opposition provisions). |
| 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 three years ending one month before the non-use application. We confirm the full grounds in the Act before advising. |
| 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 Vincent and the Grenadines
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 Vincent and the Grenadines is required. We provide it and act as your agent.
Trademark registration process in Saint Vincent and the Grenadines
Search
- Search the the Saint Vincent and the Grenadines Intellectual Property Office (the Registrar) records for identical or similar marks in your classes.
File the application
- File with the the Saint Vincent and the Grenadines Intellectual Property Office (the Registrar), through a registered agent in Saint Vincent and the Grenadines.
- 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 (the opposition provisions).
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 Vincent and the Grenadines 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 Vincent and the Grenadines trademark validity and renewal
- A registration expires ten years after the filing date.
- Renew before expiry; a request is still accepted for twelve months after.
- Unrenewed marks are removed from the Register twelve months after expiry.
- Use the mark to avoid a non-use removal over three years.
Diarise the expiry from the date stated in the Act and renew before it.
Assignment, licence and changes to a Saint Vincent and the Grenadines 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 Vincent and the Grenadines 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 Vincent and the Grenadines: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Saint Vincent and the Grenadines
Search the Saint Vincent and the Grenadines trade mark register for the filing, publication, registration and renewal dates.
Sources used
- Trade Marks Act, 2003 (Act No. 46 of 2003, Cap. 315, as amended by Act No. 50 of 2004) of Saint Vincent and the Grenadines, English text on WIPO Lex: Sections 55, 59 and 60 and the address for service provision.
- The Registrar for the Regulations, fees and forms.
Saint Vincent and the Grenadines trademark FAQ
How long does a trademark last in Saint Vincent and the Grenadines, and from when?
Ten years after the filing date, renewable for periods of ten years (Section 59 and the term provisions). It counts from the filing date.
When should I renew a Saint Vincent and the Grenadines trademark, and is there a grace period?
A person may, within the prescribed period before the registration expires, ask the Registrar to renew it, and the Registrar renews it for ten years (Section 55 and the renewal provisions).
What is the opposition period in Saint Vincent and the Grenadines?
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 (the opposition provisions).
How much does it cost to register a trademark in Saint Vincent and the Grenadines?
The official fee is set by the the Saint Vincent and the Grenadines 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 Vincent and the Grenadines?
Yes. A foreign company can register a mark in Saint Vincent and the Grenadines, giving an address for service in Saint Vincent and the Grenadines. We arrange this.
Can I assign a Saint Vincent and the Grenadines 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 Vincent and the Grenadines 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 three years ending one month before the non-use application. We confirm the full grounds in the Act before advising.
How can I check the status of a Saint Vincent and the Grenadines trademark?
Use the the Saint Vincent and the Grenadines 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 Vincent and the Grenadines 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 Vincent and the Grenadines
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