Trade and Service Marks

– Trade Marks Act, 2015 (Act No. 8 of 2015), in force since June 25, 2020.
– Trade Marks (International Registration) Regulations, 2020, in force since June 25, 2020.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Convention Establishing the World Intellectual Property Organization (WIPO), since August 16, 1988.
– WTO’s TRIPS Agreement, since March 1, 1995.
– Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, since March 20, 1996.
– Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks, since March 20, 1996.
– Trademark Law Treaty, since April 16, 1998.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since July 14, 2000.
– Singapore Treaty on the Law of Trademarks, since January 4, 2020.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since January 12, 2021.

Filing

Applicant: the first person to file a mark is entitled to registration. 

Kinds of protection: certification marks, well-known marks, associated marks, series of marks, marks of honest concurrent users, jointly owned marks, collective marks, “Licensed Users”.

Registrable: all the usual, and product shape and packaging, well-known trademarks (famous marks), marks in color, service marks. 

Not registrable: marks which are not distinctive; are deceptive; or contrary to law or morality. 

Well-known marks: protected if sufficiently known in Trinidad and Tobago. 

Classification: according to the Nice Classification (11th Edition). 

Multiple class filings are possible.

Filing requirements for an application (to be sent to resident agent):
1. Authorization of agent, no notarization or legalization required;
2. No prints are required.

Electronic filing: available. 

Electronic signatures: are accepted. Scanned copies of signed documents are also accepted.

For a change of name:
1. Change of name document as issued by the relevant government authority, original or a certified copy;
2. Authorization of agent, no notarization or legalization required.

For a change of address: no documents are required.

Examination, Protection

Examination: search for prior registration and examination for distinctiveness, etc.

Opposition: within three months from date of advertisement.

Disclaimers: not available.

Letters of consent: accepted to overcome an objection based on prior registration. The letter of consent must be printed on the consenting party's letterhead (no notarization or legalization required). A copy is acceptable to meet the IPO's deadline and the original can be submitted at a later date.

Delivery of document: the trademark certificate is issued in paper format only.

Duration: ten years from registration.

Renewal: renewable for like periods (can be applied for within twelve months before expiry, however, a six-month grace period after expiry of registration term is granted).

Rights of prior user: provided for. 

Use: not compulsory, but advisable within five years of registration date in order to prevent a request by a third party for cancellation on the grounds of non-use. Use must be in Trinidad and Tobago and must not be token use. Are considered valid use of a trademark: use in a form not diverging essentially from the registered one; affixing the trademark to the product or it package; use in connection with the goods and/or services (e.g. invoices, stationery); use by a licensee (the license should be recorded at the IPO).

Assignment: possible with or without the goodwill of the business. 

License: no requirement for licenses to be registered, however, use by a registered licensee will prevent removal from the Register on the grounds of non-use, on application by a third party.

Marking: not applicable. 

Infringement: by criminal prosecution and fines up to approx. U.S.$ 6,000 plus imprisonment.