An Overview of Trademark Registration in Antigua

Antigua and Barbuda is a member state of the Madrid Protocol, which permits the extension of international registration of a trademark through the Madrid System for this country. The primary law governing the mechanism of trademark registration and protection in Antigua and Barbuda is The Trade Marks Act (2003). An application has to be filed with the Antigua and Barbuda Intellectual Property and Commerce Office (ABIPCO). The country also permits the filing of multiple applications. The procedure of trademark registration is quite simple only if the right advice is sought for the same. 

Eligible Marks for Trademark Registration in Antigua

Any mark which –

• Is visible
• Has the capacity to distinguish the goods and services of the company from other registered marks

is eligible to be registered as a trademark in Antigua

Ineligible marks

The following marks are considered ineligible for Trademark Registration in Antigua

1. It doesn't have the capacity to distinguish the goods or services of one company  from those of other companies
2. If it is contrary to morality or public order

• If it can result in misleading the public or trade circles, in particular regarding the  good's or service's geographical origin  or their nature or characteristics;

1. If it is identical to  or  imitates the or consists of  as an element, an armorial bearing, flag and other emblems, an abbreviation,  name or  initials of the name of, or hallmark adopted or official sign by, any State, intergovernmental organisation or organisation  made by an international convention unless  having the authorization  by the competent authority of that State or organization;
2. If it is confusingly similar to or identical with or contains  a translation of, a trade name  or mark which is well recognized  in Antigua and Barbuda for identical or similar  services or goods of another  company or if it is well-recognised  and registered in Antigua and Barbuda for  services or goods  which aren't identical or similar to those regarding  which registration is applied for, provided, in the latter case, that use of the mark  relating to those goods or services would be  indicating  a connection between those goods or services and the owner of the well-recognised mark and that the interests of the owner of the well-recognized  mark are likely to be damaged by such use;
3. If it is identical with a mark which belongs to a different entrepreneur and is already on the Register, or with an earlier filing or priority date, regarding the same goods or services or closely related to them or as a resemblance of such a mark which can be deceiving or cause confusion. 

Documents Required for Trademark Registration in Antigua

The applicant shall be required to furnish the below-mentioned Documents along with the application for registration of Trademark in Antigua -

• A request, a reproduction of registrati0n
• The mark and a list of the goods and services for which registration of the mark is requested,
• Applicable classes or classes of the International Classification
• Declaration claiming the priority,( if claimed)
• Description of the pictorial element or combination of graphics and words
• Disclaimer for the descriptive feature of a mark may be accepted
• Pantone classification is required for coloured marks
• Authorized permission from competent authorities for using a country’s name

Procedure for Trademark Registration in Antigua 

Filling and Submission of the Application and Documents

The applicant must file the application for registration together with attaching the relevant Documents, followed by submitting the same to the competent authority along with the payment of the requisite fees

Examination

Upon the submission of the application and the Documents, the same shall be examined by the competent authority to check for the adequacy and accuracy of the application and Documents furnished by the applicant, compliance with the requirements of the Act and the non-existence of any of the grounds of rejection.

Publication

Upon the competent authority being satisfied with the requisite parameters, the trademark application shall be published in the prescribed manner.

Opposition

Any person may, within the prescribed time period and in the prescribed manner,  oppose the application by giving notice to the Registrar specifying the grounds of opposition, i.e. usually the non-fulfilment of any of the requirements.

The Registrar shall send a copy of a notice to the applicant forthwith, and if he sends the Registrar a counter-statement of the grounds of the reliance of his application within the prescribed time period and in the prescribed manner. However, if he doesn't do so, he would be deemed to have abandoned the application.

Upon the applicant sending a counter-statement, the Registrar shall furnish a copy of it to the opposing party after hearing the parties if either or both intend to be heard, and after due consideration, the merits of the case shall decide whether the mark should be registered.

Issue of Registration Certificate

 Subsequent to the application being published and until the registration of the mark, the applicant  is entrusted with the same privileges and rights as he would have if the mark had been registered;

Where the Registrar is of the opinion that the requisite conditions are fulfilled, and the trademark hasn't been opposed, or the opposition proceeding favoured the applicant, he shall register the mark, followed by publishing a reference to the registration and issuing the registration certificate to the applicant; otherwise, he shall refuse the application.

Priority

• The applicant can claim priority only if the country is a member of the Paris Agreement or WTO and the applicant files the application no later than 6 months after the earlier application.
• The applicant is required to furnish a declaration, as per the Paris Convention, regarding an earlier regional or national application filed by the applicant or his predecessor having the title in or for any State which is a party to the Paris Convention or any WTO's member.
• The copy of the earlier application must be certified as correct by the Office with whom it was filed within the prescribed time limit.
• The effect of the said declaration shall be as provided in the Paris Convention, and if the Registrar has found that the prescribed requirements haven't been fulfilled, the declaration would be considered not to have been made.

 Term of Protection and Renewal

• The term of registration of a mark shall be 10 years from the filing date of the application for registration.
• Upon the request of the applicant, such registration may, be renewed for consecutive periods of 10 years, not before the payment of the prescribed renewal fee.
• A grace timespan of 6 months shall be permitted for the late payment of the renewal fee upon payment of the prescribed surcharge.

International Registration

 As Antigua and Barbuda is a member state to the Madrid Protocol, the international registration is also permissible in Antigua.

Where an international registration of a mark is containing a designation of Antigua and Barbuda, the protection of the mark registration shall be the same as from the date of the designation of the Antigua and Barbuda, as if the mark has undergone the process of trademark Registration in Antigua. The process of international registration shall be the same as aforementioned.

 

 

 

Frequently Asked Questions

What is the Legal Framework for Trademark Registration in Antigua?

The legal framework for Trademark Registration in Antigua is prescribed in the Trademarks Act 2003

Where should the applicant file the application for Trademark Registration in Antigua?

The applicant must file the application with the Antigua and Barbuda Intellectual Property and Commerce Office (ABIPCO).

What is the term for the Protection of Trademark Registration in Antigua?

The term for Protection of Trademark Registration in Antigua is 10 years.

What is the term of protection of trademark in Vanuatu?

The trademark registered in Vanuatu is protected for a term of 10 yrs.

Till what time period shall the renewal subsist?

The renewal shall subsist for 10 years

Are Antigua and Barbuda a member state of the Madrid Protocol?

Yes, Antigua and Barbuda is a member state to the Madrid Protocol which permits for the extension of international registration of a trademark via the Madrid System for this country.