Trademarks Law in Saint Lucia
Here is an overview of Trademark Law in Saint Lucia, reflecting the latest legal framework and procedures:
๐ฑ๐จ Trademark Law in Saint Lucia
Trademark protection in Saint Lucia is governed by the Trade Marks Act No. 22 of 2001 and the Trade Marks Regulations No. 17 of 2003. The Registry of Companies and Intellectual Property of Saint Lucia (ROCIP), under the Ministry of Justice and Legal Affairs, oversees the registration and enforcement of trademarks in the country. (kashishworld.com, topipfirm.com)
๐งพ Key Features of Saint Lucia's Trademark System
1. Registration System
First-to-File Principle: Trademark rights in Saint Lucia are acquired through registration, not use. This means that the first party to file a valid application for a trademark has the exclusive right to use it, regardless of prior use by others.
Examination Process: Upon filing, the ROCIP conducts a formal and substantive examination to assess compliance with legal requirements. If no grounds for refusal are found, the trademark is registered. The average time from filing to registration is approximately 6 to 12 months. (Global Practice Guides)
2. Opposition Procedure
Publication: Trademark applications are published in the Official Gazette after acceptance.
Opposition Period: Any interested party may file an opposition within 3 months from the publication date. This period is not extendable.
3. Duration and Renewal
Protection Period: Trademark registrations are valid for 10 years from the filing date. Renewal applications must be filed within 6 months prior to the expiration date. A 12-month grace period is available after expiration, subject to additional fees.
Renewal Term: Registrations can be renewed indefinitely for successive 10-year periods.
4. Use Requirements
Declaration of Use: Trademark owners must file a Declaration of Use within 3 months following the third anniversary of the registration date. Failure to do so results in automatic lapse of the registration.
Non-Use Cancellation: If a trademark is not used for 3 consecutive years, it may be subject to cancellation by a third party. A cancellation action must be filed within 5 years from the date of registration. (kashishworld.com)
5. International Protection
Paris Convention: Saint Lucia is a member of the Paris Convention, allowing applicants to claim priority based on earlier filings in other member countries.
Madrid Protocol: Saint Lucia is not a member of the Madrid Protocol, and there is no bilateral agreement with other countries that extends trademark protection to Saint Lucia. Therefore, trademarks registered in other jurisdictions do not automatically provide protection in Saint Lucia.
๐ Summary Table
Feature
Details
Governing Law
Trade Marks Act No. 22 of 2001 and Trade Marks Regulations No. 17 of 2003
Registration Authority
Registry of Companies and Intellectual Property of Saint Lucia (ROCIP)
Duration
10 years from registration, renewable every 10 years
Opposition Period
3 months from publication
Use Requirement
Declaration of Use required after 3 years; non-use may lead to cancellation
Multi-class Applications
Allowed; Nice Classification system
International Treaties
Paris Convention
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