Trademarks

The trademark law is substantially identical with that in the United Kingdom. Marks registered in the United Kingdom may be registered in Guyana, but marks may as well be registered independently from U.K. registration. In Guyana the Trademarks Register is divided into Parts A, B and C, Parts A and B being similar to Parts A and B of the former British Trademarks Register and Part C being for registrations based on U.K. registrations.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since October 25, 1994.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since October 25, 1994.
– WTO’s TRIPS Agreement, since January 1, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since April 18, 2019.

Filing and Protection

Applicant: the first user. 

Classification: the International Classification system is followed, but for non-U.K. based applications: protection for service classes is not permitted. A separate application must be filed for each class of goods; for U.K. based applications: service classes and multi-class registrations are permitted.

Filing requirements for an application (to be sent to resident agent):
1. Application;
2. If based on British registration: certified copy of the U.K. registration upon which the application is to be based;
3. Authorization, not legalized;
4. 6 copies of mark;
5. Printing block; not necessary for word marks.

Examination: the Registrar carries out a substantive examination.

Publication: before registration, the application is advertised in the Official Gazette. 

Opposition before registration: any person, within one month from the date of publication in the Official Gazette (also for U.K. based registrations).

Duration – renewal: substantive registrations are granted for an initial term of seven years, renewable for periods of fourteen years. For U.K. based registrations the validity term and renewal due date are identical to that of the U.K. parent registration.

User rights: extensive right of use. After seven years, a Part A registration is incontestable. 

Marking: optional. 

Cancellation: any person may apply to the Registrar for the cancellation of a registered trademark.

Obligation to use: compulsory; registration may be cancelled after five years of non-use.