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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 16 months, if no objections or oppositions arise.
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If I register my trademark in Trinidad and Tobago, do I have protection in other territories?
The territorial limit of registration is Trinidad and Tobago.
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Do I need to sign a Power of Attorney?
Yes, a power of attorney is necessary to complete the application process.
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Are there any benefits from a pre-filing use of the trademark?
- Use may demonstrate acquired distinctiveness
- Help overcome an objection to the trademark application on the grounds of non-distinctiveness
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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What are the types of trademark that can be registered in Trinidad and Tobago?
The following are accepted for registration:
- words
- names
- devices
- certain three-dimensional shapes
- colours
- slogans
- certification marks
- well-known marks
- service marks
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What are the phases of application after a trademark has been filed in Trinidad and Tobago?
The order of the application process is as follows:
- Examination base on the following requirements:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- Publication of the following details:
- mark
- name of applicant
- address of applicant
- state or country of incorporation of applicant
- application number
- application date
- goods/services
- priority claim information
- representation of trademark
- Registration
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What type of trademark is not registrable?
- marks contrary to moral standards or public order
- generic terms
- names, flags or symbols of states, nations, regions, or of international organizations
- marks absent a showing of acquired distinctiveness
- marks that function principally as surnames particularly popular surname
- marks that function principally as geographic location names
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Does Trinidad and Tobago use the "Nice Classification" system?
This jurisdiction uses the Nice Classification System.
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Does the Community Trademark apply for Trinidad and Tobago?
The European Union Trade Mark is not effective in Trinidad and Tobago.
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Is there any possibility to claim priority in Trinidad and Tobago?
The filing date of the home application can be claimed as the filing date in this jurisdiction:
- If the applicant's home country is a member of the Paris Convention
- If the home application was filed within the fixed period of six months preceding the application in this jurisdiction
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What do I need to do to satisfy the use requirement?
A trademark must be used within five years from the registration date.
The amount of use must be on a commercial scale and must occur in this jurisdiction.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the application date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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Is it legal to use my trademark even if it is not yet registered?
Commercial use of an unregistered mark is legally allowed.