Why and how to register a trademark in Guyana

In order to protect a trademark in Guyana, it will have to be registered locally through the trademark office, dependent of the Ministry of Legal Affairs of Guyana.

Registration of a trademark for products this may be done directly through the trademark office as an independent registration or by extending the registration of an already registered trademark in the United Kingdom. Trademarks for products are those that correspond to classes 01 to 34 of the Nice Classification System. 

If one wishes to register a mark that is to be used in connection to services (service mark), direct local registration in Guyana is not possible. In this case it would be necessary to have previously registered the service mark in the United Kingdom, and then to extend such trademark to Guyana. Service marks are those that correspond to classes 35 to 45 of the Nice Classification System.

The process to register based on a UK trademark takes approximately six (6) months. Trademark registered independently will take considerably longer to be registered.

For information regarding UK trademark for Guyana, visit our section on trademark services in the United Kingdom

If you register a combined trademark (which includes both word elements and figurative elements) in Guyana, 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. For information regarding our services for trademark in the United Kingdom, please click here.

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. Probabilities of success for an opposition will vary in each case depending on the circumstances.

Opposition actions against a trademark in Guyana may be presented within one (1) month after trademark is published in the Official Gazette of Guyana.

Although it is not required than one prove or declare that a trademark is in use in Guyana before filing it or before it may be accepted for registration, if one does not use a trademark within three (3) years from the date it is registered, third parties may present cancellation actions against the trademark based on lack of use.

A trademark that is directly and independently registered in Guyana will be initially valid for seven (7) years and may be renewed for periods of 14 years. Trademarks that are extended and based on UK trademarks will follow the validity periods established for UK trademarks.

 

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