Why and how to register a trademark in the Turks and Caicos Islands

Trademark registration can be done locally via the Turks and Caicos Islands Financial Services Commission - trademark office (TCIFSC) or by requesting the extension of a trademark registered in the United Kingdom. European Union trademarks can also be extended to the Turks and Caicos Islands.    

It is not necessary for a trademark to be in use prior to the filing of the trademark application in order for it to register.

If you register a combined trademark (which includes both word elements and figurative elements) in the Turks and Caicos Islands, 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. 

In the Turks and Caicos Islands, opposition actions against trademark applications must be filed within one month of the date of their publication. The probabilities of success for an opposition will vary in each case depending on the circumstances.

As stated above, it is not necessary to use a trademark in the Turks and Caicos Islands in order to register it. However, failure to do so within a period of five (5) years after registration will leave the trademark vulnerable to cancellation actions for lack of use.

Trademarks registered locally in the Turks and Caicos Islands have a validity of ten (10) years and can then be renewed for consecutive ten-year periods. The trademark renewal can be requested after the expiration date during a grace period of 6 months, upon payment of a late renewal fee. 

In the case of UK trademarks extended to the Turks and Caicos Islands, the expiration date of the extended registered trademark will be the one of the UK trademark. Once the UK trademark has been renewed, the renewal of the Turks and Caicos Islands trademark will have to be requested.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in the Turks and Caicos Islands (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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