Dominica is a “first-to-file” jurisdiction, which means that exclusive rights over a trademark are granted through registration, not just by using the mark in commerce. Only in exceptional cases can a well-known unregistered trademark be protected.
To obtain protection, you must file your application with the Company and Intellectual Property Office of the Commonwealth of Dominica (CIPO). You can file:
- A word mark,
- A logo, or
- A combined trademark (word + figurative elements).
By default, trademarks that include a logo are filed without a color claim, which allows you to use the logo in any color combination. If you prefer, you may claim color as a feature of the mark (additional official fees apply). In that case, protection is limited to the specific colors claimed.
If you register a combined mark, your exclusive rights cover the exact configuration as filed. If you plan to use the word element and logo independently, it is advisable to file separate trademarks for the verbal and figurative elements.