The short answer
Under the Trade Marks Act 2015 (Act No. 8 of 2015, in force since 25 June 2020), a trade mark is registered for 10 years from the date of registration and renewed for further periods of 10 years. A renewal request must be made not later than six months after expiry, with a late renewal fee after the expiry date. A mark that has not been put to genuine use within 5 years after registration can be revoked.
Trademark deadlines in Trinidad and Tobago at a glance
These rules come from the Trade Marks Act, 2015 (Act No. 8 of 2015), in force from 25 June 2020, in the English text on WIPO Lex. The prescribed time for opposition and the fees are in the Trade Marks Regulations 2020, so we confirm them before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years from the date of registration, renewable for further periods of 10 years (Sections 19 and 20). |
| Which date does the term count from? | The date of registration (Section 19). A renewal takes effect from the expiration of the previous registration (Section 20(5)). |
| When can I renew? | Make the renewal request on or before the date of expiry, paying the prescribed renewal fee (Section 20(3)). |
| Is there a grace period? | Yes. A request made within 6 months after the expiry date is accepted on payment of the renewal fee plus the late renewal fee. If the mark is not renewed, the Controller removes it from the register (Section 20(2), (4) and (6)). |
| Opposition period | A person can give the Controller notice of opposition within the period prescribed by the Regulations after publication of the accepted application. The time limit is in the Regulations, so we confirm it before we advise. |
| Reply to an office action | The Controller examines the application and tells the applicant of any objection. The applicant can reply, request a hearing and appeal. |
| Priority claim | A Convention application gives a right of priority for six months, as under the Paris Convention. We confirm the filing steps when we file. |
| Non-use | A registration can be revoked if, within the five years after the registration procedure was completed, the mark has not been put to genuine use in Trinidad and Tobago by the owner or with consent, without proper reasons for non-use (Section 23). |
| Assignment | A registered mark can be assigned, and the assignment should be recorded with the Controller. We confirm the formalities under the Regulations. |
Who can register a trademark in Trinidad and Tobago
A person who uses or intends to use a mark can apply to the Controller. The 2015 Act also recognises collective marks and international registrations under the Madrid Protocol.
Representation. We act as your local agent before the Intellectual Property Office and give the address for service in Trinidad and Tobago.
Trademark registration process in Trinidad and Tobago
Search
- Search the the Intellectual Property Office of Trinidad and Tobago records for identical or similar marks in your classes.
File the application
- File with the the Intellectual Property Office of Trinidad and Tobago, through your local attorney or agent.
- 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 acceptance, the application is published and a person can oppose within the period set by the Regulations.
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 Intellectual Property Office of Trinidad and Tobago 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.
Trinidad and Tobago trademark validity and renewal
- A registration lasts 10 years from the date of registration.
- Renew on or before expiry with the renewal fee.
- A late request is accepted for 6 months after expiry with an extra fee.
- Use the mark to avoid revocation after 5 years of non-use.
Diarise the expiry date from the date of registration and renew on or before it.
Assignment, licence and changes to a Trinidad and Tobago trademark
Assignment
Recorded
Record the assignment with the Controller.
Licence
Recordable
Licences can be recorded.
Madrid
International
The Trade Marks (International Registration) Regulations 2020 deal with international registrations.
Border measures
Customs
Border enforcement measures are set by separate regulations (LN 138/2020).
Non-use and cancellation of a Trinidad and Tobago trademark
The Act provides for revocation of a registration for non-use within five years after registration and for other grounds in Section 23 and the surrounding sections.
Keep dated proof of use in Trinidad and Tobago: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Trinidad and Tobago
Search the register of the Intellectual Property Office for the registration, renewal and removal dates.
Sources used
- Trade Marks Act, 2015 (Act No. 8 of 2015), Trinidad and Tobago, English text on WIPO Lex: Sections 19, 20 and 23.
- The Intellectual Property Office for the Regulations, fees and forms.
Trinidad and Tobago trademark FAQ
How long does a trademark last in Trinidad and Tobago, and from when?
10 years from the date of registration, renewable for further periods of 10 years (Sections 19 and 20). It counts from the date of registration (Section 19).
When should I renew a Trinidad and Tobago trademark, and is there a grace period?
Make the renewal request on or before the date of expiry, paying the prescribed renewal fee (Section 20(3)).
What is the opposition period in Trinidad and Tobago?
A person can give the Controller notice of opposition within the period prescribed by the Regulations after publication of the accepted application. The time limit is in the Regulations, so we confirm it before we advise.
How much does it cost to register a trademark in Trinidad and Tobago?
The official fee is set by the the Intellectual Property Office of Trinidad and Tobago 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 Trinidad and Tobago?
Yes. A foreign company can register a mark in Trinidad and Tobago, normally through a local attorney or agent. We arrange this.
Can I assign a Trinidad and Tobago trademark?
A registered mark can be assigned, and the assignment should be recorded with the Controller. We confirm the formalities under the Regulations.
Can a Trinidad and Tobago trademark be cancelled for non-use?
A registration can be revoked if, within the five years after the registration procedure was completed, the mark has not been put to genuine use in Trinidad and Tobago by the owner or with consent, without proper reasons for non-use (Section 23).
How can I check the status of a Trinidad and Tobago trademark?
Use the the Intellectual Property Office of Trinidad and Tobago register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
A Convention application gives a right of priority for six months, as under the Paris Convention. We confirm the filing steps when we file.
How do I change the owner's name or address?
Record the change with the the Intellectual Property Office of Trinidad and Tobago so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Trinidad and Tobago
SUPREMEiP® files trademarks worldwide through its network and checks every Trinidad and Tobago deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
