Geographical Indications

– Geographical Indications Act (1998-22), took effect on February 19, 2001.

Filing and Protection

Protection: granted to agricultural and other natural products and handicraft.

Applicant: producers in the subject geographical area, consumers and consumer groups, marketing organizations.

Classification: not required, but a list of goods must be provided.

Publication: in one issue of the Official Gazette and in one daily newspaper; the cost of advertisement being borne by the applicant.

Objection to registration: possible, within three months of the date of publication of the notice of application.

Filing requirements for an application (to be sent to resident agent):
1. Authorization of agent (no notarization or legalization required);
2. The full name, nationality and address of the individual or company applying to register the mark, and the capacity in which he is applying;
3. Geographical areas to which the geographical indication applies;
4. A list of the goods to which the geographical indication applies;
5. The quality, reputation or other characteristic of the goods in respect of which the geographical indication is used;
6. Verified translation of any words in a language other than English.

Use and Exceptions

A mark registered in good faith before February 19, 2001 or before the Geographical Indication (GI) is protected in its country of origin is not prejudiced on the basis that the mark is identical or similar to the GI. An exception is made for the use of a GI of another country identifying wines and spirits in connection with Barbadians who have used the GI in a continuous manner for at least ten years before April 15, 1994.