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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 15 months, if no objections or oppositions arise.
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If I register my trademark in Barbados, do I have protection in other territories?
No. Protection for registered trademarks is limited only in Barbados and does not extend to other countries.
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Do I need to sign a Power of Attorney?
A power of attorney is one of the requirements to complete the trademark application process.
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Are there any benefits from a pre-filing use of the trademark?
Pre-filing use of the mark allows the owner to demonstrate its distinctive qualities and win over oppositions on the ground of non-distinctiveness.
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Will there be problems in case I don’t use my trademark after registration?
Non-use of a registered trademark can result to removal from the registry office.
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What are the types of trademark that can be registered in Barbados?
Registrable marks in Barbados include:
- Names
- Words
- Slogans
- Colours
- Devices
- Shapes with 3-dimensions
- Collective marks
- Services marks
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What are the phases of application after a trademark has been filed in Barbados?
Trademark application in Barbados goes through 3 phases namely: examination, publication, and registration. All applications are examined according to requirements. The mark will also be checked whether identical or confusingly similar marks are already on record. The mark and its details will be going through a publication process to allow third parties to oppose and if an opposition is overcome by the trademark owner, the registration is then granted.
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What type of trademark is not registrable?
Non-registrable marks include:
- Generic or common words
- Marks considered as immoral or against public safety/order
- Marks without distinctive qualities
- Surnames
- Names of a geographic location
- Name, flag and symbol of a region, nation, state or an international organization
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Does Barbados use the "Nice Classification" system?
Nice Classification system is effective in Barbados.
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Does the Community Trademark apply for Barbados?
No. Barbados is not a member of the Community Trademark.
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Is there any possibility to claim priority in Barbados?
Yes. The applicant may claim for a priority processing if the Paris Convention is applicable in his home country and if the date of home application is within 6 months prior to application in Barbados.
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What do I need to do to satisfy the use requirement?
Trademarks must be used within 5 years from the date of its registration. Use must be for commercial purposes and must occur within the jurisdiction of Barbados.
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Once my trademark has been registered, for how many years will be valid?
Your registered trademark is initially valid for 10 years counting from the date of registration.
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What will be the renewal date of my trademark?
The first renewal date of your trademark would be 10 years counting from the date the registration was granted.
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Is it legal to use my trademark even if it is not yet registered?
Yes. You may legally use an unregistered mark for commercial purposes.