In order to protect a trademark in Antigua and Barbuda it must be registered. Registration of a trademark in Antigua and Barbuda is done through the Antigua and Barbuda Intellectual Property and Commerce Office (ABIPCO).
If you register a combined trademark (which includes both word elements and figurative elements) in Antigua and Barbuda, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Opposition action against the registration of a trademark in Antigua and Barbuda must be presented within three (3) months after the date on which it is published in the local trademark journal. Probabilities of success for an opposition will vary in each case depending on the circumstances.
A registered trademark in Antigua and Barbuda will have a validity period of ten (10) years from its registration date. Trademarks in Antigua and Barbuda may be renewed for additional 10-year periods. There are no limits to how many times a trademark may be renewed. Renewal of a trademark may be made up to six (6) months before its date of expiration. If a trademark is not renewed before the date of expiration, this may still be done upon payment of additional fees for up to six (6) months.
Although use of the trademark in Antigua and Barbuda is not required, once registered, if a trademark goes unused for a period of three (3) years, third parties may present cancellation actions based on lack of use. Lack of use may be justified in certain circumstances.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Antigua and Barbuda (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.
Antigua and Barbuda is a member state to the Madrid Protocol. Thus, the extension of an international registration of a trademark via the Madrid System is possible for this country. For further information regarding our services for trademark filing through the Madrid System click here.