Why and how to register a trademark in Barbados

In order to protect one’s trademark rights in Barbados registration is necessary. Without trademark registration, one may not stop third parties from infringement nor claim exclusive rights over the mark. In order to register a trademark in Barbados, an application must be filed with the Office of Corporate Affairs and Intellectual Property of Barbados (CAIPO). Prior use of the trademark in Barbados is not necessary in order for it to be accepted for registration.

If you register a combined trademark (which includes both word elements and figurative elements) in Barbados, 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. 

To oppose a trademark application in order to prevent it from being registered, opposition actions must be presented within 90 days from the date on which it is published in the local trademark gazette. Probabilities of success for an opposition will vary in each case depending on the circumstances.

Once registered, a trademark in Barbados will have a validity period of 10 years from the date of registration. Trademarks may be renewed in Barbados for further periods of ten years; there are no limits to the amount of times a trademark may be renewed in Barbados. Trademarks may be renewed up to 12 months before their expiration date; once expired there is a six-month grace period in Barbados in which trademark may still be renewed upon payment of a fine.

As previously stated, prior use of a trademark is not necessary for it to be accepted for registration in Barbados. However, once registered, if a trademark goes unused for five (5) years, third parties may present cancellation actions against the registration of the trademark in Barbados.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Barbados (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.

 

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