A trade mark is a sign capable of distinguishing the goods or services of one trader from those of other traders.
Applicants are required to complete the Application Form (TM-No. 2) in duplicate on size A4 paper and submit the form at the Receiving Office of the Intellectual Property Office together with the application fee. Seven additional copies of the trade mark are also required where the mark is stylized or includes a logo. Where the application is being filed by an agent on behalf of the applicant a Form TM No. 1 must also be completed.
The filing fee is determined by the number of classes for which the application is filed. That is, each application costs $300.00 for the first class of goods and/or services and $100.00 for each additional class included in the same application.
Registration is not automatic upon the filing of an application. There are several stages in the application process including a search for prior rights, substantive examination and the publication of the mark in a daily newspaper if it is accepted for registration. It takes approximately nine to twelve months for a mark to be registered provided that there are no objections to the application by the Office or a third party.
When a trade mark application is filed it goes through the following process: -
You may contact the Office to determine the status of your application.
A trade mark is valid for ten years from the filing date of the application and may be renewed for successive ten year periods upon the filing of the prescribed renewal application form and the payment of the prescribed fee.
The right of priority is an applicant’s right under the Paris Convention for the Protection of Industrial Property to benefit from an earlier filing date, if the application in Trinidad and Tobago, is filed within six months of the date of the first filing of the application in another Paris Convention country.
No. Currently under the Trade Marks Act and Rules this is not permitted.
Yes. Under Rule 6 of the Trade mark Rules and Regulations this is permitted. However you must submit the original application within one month of the date of the facsimile transmission.
A trade mark registered in Trinidad and Tobago is only valid within Trinidad and Tobago.
You may apply for the trade mark yourself provided that you possess an address within Trinidad and Tobago for the service of all documents from the Office. Applicants located within Trinidad and Tobago can apply for a trade mark themselves or through an agent. However, applicants located outside of Trinidad and Tobago are required to submit an address for service in Trinidad and Tobago with their application and therefore will need a local agent.
Yes. The Intellectual Property Office is the office assigned with the responsibility for the registration of trade marks in Trinidad and Tobago.
Registering your trade mark gives you the exclusive right to use your mark for the goods and/or services that it covers in Trinidad and Tobago.
A registered trade mark: -
Applicants or their agents are informed of decisions via mail or facsimile (if number provided).
The Office is open to the public from Monday to Friday (except public holidays) from 8:30 a.m. to 4:00 p.m.
Yes. Applicants may search the Trade Mark Index Books free of charge and request the Trade Marks Register (for registered marks) or the pending summary sheet (for pending applications) at a cost of $20.00 per trade mark. All fees are quoted in Trinidad and Tobago Dollars.