Apply for an Industrial Design

APPLICATION PROCEDURE FOR AN INDUSTRIAL DESIGN

Where do I apply?

Applications may be filed at the Intellectual Property Office; 3rd Floor, Capital Plaza, 11-13 Frederick Street, Port Of Spain, Trinidad & Tobago.

Industrial Design Application Processing Steps:

  1. Reception of the application
  2. Payment of fees
  3. Examination
  4. Publication
  5. Certificate issued
  6. Renewal fees

 

1. Overview of the Industrial Design Application

When a national or resident of Trinidad and Tobago files an Industrial Design application, the formal requirements under the Industrial Design Rules and Regulations are:

  1. The Industrial Design Request Form No. 1.
  2. Four graphic representations or four drawings or tracings for two-dimensional designs or four graphic representations or four drawings or tracings of each of the different sides of the industrial design for three dimensional designs.

The application must be submitted in duplicate on A4 size paper as stated in Rule 10 of the Industrial Design Rules and Regulations. All graphic representations, drawing or tracing of the industrial design should not exceed 10 centimetres x 20 centimetres and such representations, drawings or tracings should be affixed on four sheets of A4 sized cardboard, submitted in duplicate and in black ink. Any specimen shall be of a size not exceeding 20 centimetres x 20 centimetres x 20 centimetres.

2. How are payments made to the Intellectual Property Office?

Once an application is made, the prescribed application fee ($500) must be paid.
All payments are due in advance, payable by certified cheque with the Payee as the Controller, Intellectual Property Office or by Linx or through the District Revenue Office, upon presentation of the prescribed voucher issued by the Intellectual Property Office.

3. Examination 

The application will undergo an Examination as set out by the Industrial Design Act Chapter 82.77 and Industrial Design Rules. This examination begins at the time that a filing date is issued to the Industrial Design. The application is examined to ensure that:

  • The industrial design is new and in accordance with the definition stated in Section 3(1) of the Industrial Design Act Chapter 82.77
  • The industrial design has not been disclosed to the public anywhere in the world by publication in tangible form or by use or in any other way, prior to the filing date or where applicable, the priority date of the application. Any disclosure that occurred within twelve months preceding the filing date or where applicable, the priority date of the application shall not be taken into consideration.
  • The industrial design is not contrary to public order or morality.
  • There is a statement justifying the applicant’s right to registration of the industrial design, where the applicant is not the creator.

4. Registration

Once the application is in compliance with the examination requirements, the applicant would be invited to pay a Registration and Publication fee. Upon payment, the Intellectual Property Office would prepare a publication page containing the applicant and creator’s bibliographic information and also, information of the Industrial Design which includes a graphic representation of it.

5. Issuance of Certificate

A certificate of registration is created and awarded to the applicant after the publication page has appeared in the local newspaper. The certificate and register is prepared by the office and contains the registration number of the industrial design, the applicant and creator’s bibliographic information and also, information of the Industrial Design which includes all graphic representations of it.

6. Renewal

Protection of an industrial design is granted for a period of fifteen (15) years. The registration of an industrial design is valid for a period of five years from the filing date of the application after which it can be renewed for two further consecutive periods of five years through the payment of the prescribed renewal fee. The first five years is covered by the filing fee and the second and third segments have to be maintained. The first renewal fee (after the first 5 years) would be $200 and the second renewal fee (after the second 5 years) would be $400.

Fees

TypeAmount
Application fee [Section 6(10)] $500.00
Correction of application to comply with requirements for according filing date [Section 7(2); Rule 14(2)] $20.00
Correction of application to comply with formal requirements [Section 7(3); Rule 14(4)] $20.00
Registration and publication fee [Section 8(1); Rules 14(6) and 15(1)] $150.00 plus amount payable to publisher (determined by Newsday Newspaper)
Renewal fee [Section 10(2); Rule 16(2)]First renewal $200.00
Renewal fee [Section 10(2); Rule 16(2)]Second renewal $400.00

 

 

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All rights reserved.

Criminal penalties for Intellectual Property Rights Infringement

IPR

Maximum Penalty (TT Dollars)

Copyright and Related Rights incl. databases

$250,000.00 or ten years imprisonment (summary conviction)

Topography of Integrated Circuits

$10,000.00 or 5 years imprisonment (summary conviction)

Trade Mark (incl. company names represented in a special or particular manner)

$10,000.00 or 6 months imprisonment (summary conviction); $40,000.00 or 10 years imprisonment (indictment)

Industrial Design

$10,000.00 or ten years imprisonment (summary conviction)

Patent and Utility Model

$10,000.00 (summary conviction).

Falsification of patent register: $20,000.00 (summary conviction) or $40,000.00 or ten years imprisonment (indictment)

Geographical Indications

$8,000.00 or three years imprisonment (summary conviction)

Plant Variety

$10,000.00 (summary conviction)

Unauthorised claim of patent rights

$10,000.00 (summary conviction)

Unauthorised claim that a patent has been applied for

$10,000.00 (summary conviction)


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The Copyright Infringement Ship

Piracy Ship

Click here to download image.

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Piracy

Piracy occurs when any of the copyright owner’s exclusive rights are violated.

Note 14 of the TRIPS Agreement on Trade Related Aspects of Intellectual Property Rights (IPRs) provides the following interpretation:

(a) “counterfeit trademark goods” shall mean any goods, including packaging, bearing without authorization a trademark which is identical to the trademark validly registered in respect of such goods, or which cannot be distinguished in its essential aspects from such a trademark, and which thereby infringes the rights of the owner of the trademark in question under the law of the country of importation;

(b) “pirated copyright goods” shall mean any goods which are copies made without the consent of the right holder or person duly authorized by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the law of the country of importation.

The maximum penalty for copyright infringement is $250,000 or ten years imprisonment. The above pirate ship illustrates some common examples of piracy.


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