Why and how to register a trademark in Grenada

The exclusive right to a trademark in Grenada is conferred to the person or company that first used and continues to use the trademark in Grenada. However, registration is highly advisable in order to protect such rights and be recognized as the registered owner. This proves useful in order to prevent third parties from registering one’s trademark and in cases of trademark infringement in Grenada.

Trademark applications must be filed with the Corporate Affairs and Intellectual Property Office of Grenada (CAIPO).

It is not necessary for a trademark to be in use in Grenada in order for it to register. 

If you register a combined trademark (which includes both word elements and figurative elements) in Grenada, 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 actions in Grenada may be filed within one month of the date of publication. It is also possible to request an extension for the filing of a notice of opposition after the deadline, but the approval of this request is not guaranteed as it is subject to the discretion of the registrar. The probabilities of success for an opposition will vary in each case depending on the circumstances.

Once registered a trademark has a validity of ten years and can then be renewed for further ten-year periods. The renewal can be requested after the expiration date during the grace period of six months after the renewal due date. In this case, additional fees that increase with each late month must be paid.

As stated before, it is not necessary for the trademark to be in use in Grenada for registration. However, it must be used within a timeframe of three years after registration, otherwise it might become vulnerable to cancellation actions filed by third parties. The lack of use might 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 Grenada (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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