In Montserrat, the exclusive rights to a trademark are granted only by registration, as it is a “first-to-file” jurisdiction. However, in exceptional cases, well-known trademark can be protected even if they have not been filed yet.
Trademark registration in Montserrat can be done locally via the Intellectual Property Registry, which depends on the Financial Services Commission, or by requesting the extension of a trademark registered in the United Kingdom. European Union trademarks or international trademarks that designate the UK can also be extended in Montserrat.
If you register a combined trademark (which includes both word elements and figurative elements) in Montserrat, the exclusive right to use 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.
In Montserrat, opposition actions may be filed within three (3) months of the publication of the trademark application.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Montserrat (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.
Once registered, trademarks have a validity of ten (10) years from the date of registration if they have been filed locally. They can then be renewed for consecutive periods of ten years. When trademarks are registered as extensions of a UK trademarks, their validity depends on the UK registration.
Local trademarks may be renewed up to six (6) months prior to the expiration date of the trademark registration in Montserrat. If the trademark expires, it may still be renewed within the period of six (6) months after the expiration if extra fees for late renewals are paid.
In the case the trademark in Montserrat is based on a UK trademark, the period to renew it is three (3) months after the UK mark has been renewed. If it is not renewed in within the time frame the mark will lapse.
Once lapsed, a trademark may be restored within six (6) months in Montserrat. However, in such case arguments justifying why the trademark was not renewed within the expressed time periods will have to be presented.