In Saint Vincent and the Grenadines, registration of a trademark is necessary in order to obtain right over it and take action against infringement.
Trademark applications must be field with the Commerce and Intellectual Property Office (CIPO).
It is not necessary for a trademark to be in use in Saint Vincent and the Grenadines to obtain its registration. However, once it is registered, if it is not used within a period of five years, it will become vulnerable to cancellation actions for lack of use.
If you register a combined trademark (which includes both word elements and figurative elements) in Saint Vincent and the Grenadines, 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.
Third party opposition actions can be filed against a trademark application within a timeframe of three (3) months after it is published. The 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 Vincent and the Grenadines (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 Vincent and the Grenadines registered trademarks are protected for a period of ten (10) years from the application date. The trademark renewal can be requested within one (1) year before the expiration date, and also one (1) year after the expiration date upon payment of late renewal fees.