Trademark Registration in Trinidad and Tobago

In Trinidad and Tobago, exclusive rights to a trademark are granted only through registration, since it is a “first-to-file” jurisdiction. This means that the first person to file an application will generally have priority, even over someone who used the mark earlier. In exceptional cases, a well-known trademark may be protected even if it has not yet been filed, but this is the exception, not the rule.

Trademark applications must be filed with the Intellectual Property Office of Trinidad and Tobago IPO.
It is not necessary for the trademark to be in use before filing the application in order for it to be registered.

If you register a combined trademark (including both word elements and figurative elements) in Trinidad and Tobago, the exclusive right to use the mark is limited to the exact configuration in which it was filed and registered. If you want to use the word element separately from the logo (or vice versa), it is recommended to file another application that covers only the word or only the figurative elements you wish to use and protect separately.

If you would like the figurative or design elements of your trademark to be considered when assessing your mark for registration in Trinidad and Tobago (Trademark Search Report), you should contact us directly so we can determine if this service can be offered in this jurisdiction. In such cases, service prices and estimated delivery times may vary.

To register a trademark in Trinidad and Tobago, you will generally need:

• Original Power of Attorney, signed. No notarization or legalization required.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average application process in Trinidad and Tobago takes 18 months. This is an estimated timeframe for straightforward cases, based on current processing times, and it may vary considerably depending on the particularities of each application.

Once registered, trademarks in Trinidad and Tobago are valid for 10 years from the date of application. After this initial period, they can be renewed for further periods of ten (10) years.

The renewal of the trademark may be requested as early as six (6) months before the expiration date, and as late as six (6) months after expiration, upon payment of additional late renewal fees.

Yes. If a third party intends to register or use a trademark for similar goods or services that includes a primary or distinctive part of your trademark, you have the right to oppose the application based on confusing similarity.

In Trinidad and Tobago, third-party opposition actions may be filed against a trademark application within a period of three (3) months following its publication. The chances of success of an opposition will depend on the specific circumstances of each case.

As stated, it is not necessary for a trademark to be in use in order to be registered in Trinidad and Tobago. However, once registered, the mark must be used within five (5) years after registration. If the mark is not used within that period, it becomes vulnerable to cancellation actions for lack of use.