Trade and Service Marks

– Trade Marks Act No. 22 of 2001, in force since April 1, 2003, as amended on December 31, 2015.
– Trade Marks Regulations No. 17 of 2003, in force since April 1, 2003.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since August 21, 1993.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since June 9, 1995.
– Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, since March 18, 2001.
– Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, since December 25, 2001.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since July 31, 2002.


Application: first national application and priority claims. It is no longer possible to file an application based on its corresponding U.K. registration.

Applicant: the person or entity on whose behalf an application is filed; first applicant to file an unopposed application.

Registrable: a trademark may be registered in respect of goods, services or both goods and services.

Not registrable: (a) trademarks containing certain signs; (b) trademarks that cannot be represented graphically; (c) trademarks not distinguishing applicant’s goods or services; (d) trademarks that are scandalous or whose use is contrary to law; (e) trademarks likely to deceive or cause confusion; (f) identical trademarks.

Defensive trademark: if, because of the extent to which a registered trademark has been used in relation to all or any of the goods or services in respect of which it is registered, it is likely that its use in relation to other goods or services will be taken to indicate that there is a connection between those other goods or services and the registered owner of the trademark, the trademark may, on the application of the registered owner, be registered as a defensive trademark in respect of any or all of those other goods or services.

Priority: Convention priority can be claimed and must be filed within six months of the date of filing in the Convention Country.

Classification: based on the International Classification of Goods and Services (10th Edition of the Nice Classification).

Multiple class filings allowed.

Filing requirements for an application (to be sent to resident registered agent):
1. Duly executed authorization of agent by the applicant. Notarization is necessary only in cases where the applicant’s company seal/stamp is not affixed to the authorization of agent;
2. 8 representations of the trademark, only if a word mark is in a special stylized font/writing (no larger than 3 x 3 inches format);
3. List of goods or services or both in compliance with the 10th Edition of the Nice Classification.

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures).

Examination and Granting Procedures

Examination: search for prior registration and distinctiveness.

Opposition: within three months from the date of advertisement.

Duration: ten years from registration.

Renewal: renewal for like periods. A request for renewal may be made up to six months prior to the actual renewal date, and no later than twelve months (grace period) from the actual due date of renewal. Where a request for renewal is made during the grace period, penalty fees accrue on a monthly basis. Irrespective of the actual date of the renewal request, any renewal is for a further term of ten years from the actual due date of renewal.

Register: a Register is kept in respect of every registered trademark. Such Register is divided into Part A and Part B respectively, giving full details of all applications, changes and recordable interest in and to the trademark in question.

Rights of prior user: provided for.

Cancellation: on application by the registered owner.

Use: a registered trademark may be struck off the Register on application by any person aggrieved, to the court, on the grounds either (a) that the trademark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods by him, and that there has in fact been no bona fide use of the trademark in relation to those goods by any proprietor for the time being up to the date one month before the date of the application; or (b) that up to the date one month before the date of the application a continuous period of five years or longer has elapsed during which the trademark was a registered trademark and during which there was no bona fide use in relation to those goods by any proprietor for the time being.

Assignment: a registered trademark, or a trademark whose registration is being sought, may be assigned or transmitted in accordance with the Act.

License: may be recorded as a registrable interest on application by the licensor or licensee.

Infringement: subject to legal action; relief by way of injunction and damages or an account of profits.