Geographical Indications
Legal Basis
– The Geographical Indications Act and Rules, 1996.
Filing
Applicant: persons or groups of persons who carry on a professional activity in the geographical area concerned, groups of consumers or any competent authority.
Non-resident applicant: must appoint an attorney-at-law resident and practicing in Trinidad and Tobago.
Type of indications protected: an indication, which identifies a good as originating in the territory of a country or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.
Filing Office: IPO in Trinidad and Tobago.
Filing requirements for an application (to be sent to resident attorney):
1. Authorization of agent (no notarization or legalization required), may be filed later on;
2. Name, address and nationality of applicant, and capacity in which the applicant is applying;
3. The geographical indication to be protected;
4. The geographical areas and the goods for which the geographical indication applies;
5. The quality, reputation or other characteristic of the goods for which the geographical indication is used.
Examination, Protection
Examination: only formal.
Opposition: within three months of publication.
Granting: the Intellectual Property Office enters the geographical indication in the Register, publishes a reference to the registration and issues a certificate.
Right to use: only producers carrying on their activity in the geographical area specified, in the course of trade, with respect to the specified products.
Cancellation: on application to the court by interested person or competent authority.
Special provision concerning marks: the Controller in certain circumstances, may on his own motion or at the request of interested persons, refuse or invalidate the registration of a mark containing or consisting of a geographical indication.