Trademarks in Saint Lucia must be registered with the Registry of Companies and Intellectual Property of Saint Lucia (ROCIP).
It is not necessary for the trademark to be in use in Saint Lucia at the time of application or acceptance in order for it to register.
However, if it is not used during a period of three years, it will become vulnerable to cancellation actions based on lack of use filed by third parties against it.
If you register a combined trademark (which includes both word elements and figurative elements) in Saint Lucia, 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. Probabilities of success for an opposition will vary in each case depending on the circumstances.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Saint Lucia (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.
In Saint Lucia, registered trademarks have a validity of ten (10) years. It can then be renewed for further periods of ten years. The trademark renewal can be requested as early as 6 months before the expiration date, or during the grace period of twelve months after it, in which case payment of additional fees will be due.