Search for a Trade Mark

Guidelines for searching for a Trade Mark.

Before applying for a Trade Mark registration, you should conduct a search to see if there are any identical or similar marks, already being used by other traders, which may affect the likelihood of your trade mark being registered. A search will disclose both registered and pending trade marks.

How much does it cost?

There is no cost for a general search of the Trade Mark Indices however if details of a specific trade mark are required the cost is $20.00 per trade mark.

The Trade Mark Indices will contain a record of all the applications filed. The Indices are divided according to the Nice Classification of Goods and Services. Applicants will need to confer with a Trade Mark Examiner who will advise the applicant of the class(es) that his application relates to. A list of the Nice Classification of Goods and Services is also attached to the front of the Trade Mark Indices.

The indices will contain the name of the trade mark together with the application number assigned. If upon searching the indices, you find a specific application for which further particulars are required, a request for further particulars of the relevant trade mark must be made at the Receiving Office of the Intellectual Property Office.

Applicants will be required to complete a search request voucher and pay the prescribed fee of $20.00 for each trade mark record that they require.

Trade Mark Search Guide – Identify the specific class of the Nice Classification that you need to search prior to searching.

 

 

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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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