Trademark registration in Barbados

The country of Barbados is geographically advantageous in the middle of the Atlantic Ocean – an important junction between North and South America as well as between Europe and Africa. Barbados has a stable and warm tropical climate all year round, favorable for tourism and relaxation. This has helped develop the country’s tourism industry. Barbados also has a diversified economy, with major contributions from industries such as tourism, international finance, and manufacturing industries such as food processing and the manufacture of customs-related equipment. Against the backdrop of a diversified economy and solid development and being an attractive tourist destination, Barbados is the right environment for international businesses looking to invest and grow the market. However, to be able to develop your brand here, businesses must develop prestige, build the trust of customers for their businesses. One of the first things to achieve that is the registration of a trademark. Viet An Law would like to guide customers in the procedure of trademark registration in Barbados through the article below.

Legal basis

• Trademarks Act, Chapter 319 (Act 1981-56, amended to Act 2006-2)

The concept of “trademark” in Barbados

This paragraph describes the concept of Trademark quite well. Here is a literal translation of the passage: Trademarks are often referred to as “trademarks” or “brand names.” Trademarks may apply to goods and/or services. Trademarks used in connection with the provision of services may also be referred to as “service marks”. A trademark is a tangible sign that, in trade, can distinguish a trader’s goods or services from other traders. Those tangible signs may include words, including names, signatures, colors, designs, letters, numbers, and shapes of goods or their packaging, or any combination thereof.

Benefits of trademark registration

Benefits of Registered Trademark Owners:

• The exclusive right to use the Registered Trademark as a trademark for the goods and services stated in the Certificate of Registration. This means that the employer may prevent others from using the Trademark for similar products or services. The exclusive right allows others to use the applicant’s Registered Trademark for the goods and services stated in the Certificate of Registration. The Applicant may license its Marks to third parties through a franchise agreement or sublicense.
• Ownership of a Registered Trademark is treated as personal property and can be purchased, sold or transferred.
• The right to prevent others from using the applicant’s Trademark as a trademark for goods or services similar to those in the Certificate of Registration. The applicant can sue the breaching parties and seek damages if the rights of the applicant are infringed.

Unregistered trademarks

Businesses may not register trademarks that resemble or are confusingly similar to words or symbols that other merchants or service providers in the same sector should be free to use in their normal business. For example, the word “BANK” alone cannot be registered as a Trademark for banking and financial institutions.

Trademark filings in Barbados

• Application Form: Download and complete the official DIP application form via the link below: https://caipo.gov.bb/wp-content/uploads/2021/06/trademark3.pdf and ensure all sections are filled out correctly and clearly.
• If applying through an intellectual property representative, a Power of Attorney should be submitted.
• Trademark sample: Clearly shows the trademark you want to register.
• List of goods and services: Identify the international group of goods/services intended to apply for protection by the applicant using the Nice International Classification system. The applicant should provide a detailed description of the specific goods or services protected by the trademark.
• Additional documents (if applicable): If filing an application and claiming priority rights based on a foreign trademark application, the applicant should submit a certified copy of the application and certificate of foreign registration.

Barbados Trademark Registration Fee

The fee for registering a trademark in Barbados depends on two main factors:

Number of groups of goods/services

The applicable filing fee is B$150 for each category of goods and/or services that the applicant applies for.

Representative fee (optional)

If the applicant is not a Barbados resident or is unable to apply in person, the applicant needs to appoint a local representative to represent the applicant at the Office of Corporate Work and Intellectual Property. The representation fee will vary depending on the company the applicant chooses and the scope of services requested. Therefore, the total cost of registering a trademark in Barbados may vary depending on the number of groups of goods/services and whether the applicant needs representation. Here’s a breakdown:

Case 1: A group of goods/services, not through a representative

Application fee: B$ 150

Case 2: Multiple groups of goods/services, not through representatives

Application fee: B$150 per group (e.g. B$300 for 2 groups)

Case 3: A group of goods/services, through representatives

Application fee: B$ 150

Representative fees: Variable (usually starting at a few hundred dollars)

Case 4: Multiple groups of goods/services, through representatives

Application fee: B$150 per group (e.g. B$300 for 2 groups)

Representative fees: Variable (usually starting at a few hundred dollars)

How to file a trademark in Barbados

To file for trademark protection in Barbados, you can file using the following filing methods:

• Direct Submission: You can visit  the Barbados Office of Corporate Work and Intellectual Property in person  at Ground Floor Baobab Tower Warrens, St. Michael to submit your application and related documents.
• By Post: You can send your application form and all required documents via postal or courier service to the  Barbados Office of Corporate Work and Intellectual Property at Ground Floor Baobab Tower Warrens, St. Michael.
• Submit online via website:

https://caipo.gov.bb/sso/account/registration When applying online, you should pay attention to the payment of the relevant fee in accordance with the instructions of the  Barbados Office of Corporate Work and Intellectual Property.

Trademark Application Processing Process in Barbados

After filing the trademark application, the state agency will process the application in about 8-12 months, including the following processes

Formal appraisal

The Barbados Office of Corporate Work and Intellectual Property (CAIPO) will check that the records are complete and comply with regulations. If the application is valid, CAIPO will notify the applicant and proceed to the next step.

Application Publication

Information on the applicant’s application will be published in the Barbados Intellectual Property Gazette. Any third party may object to the application within 5 months from the date of publication.

Content appraisal

CAIPO will consider the applicant’s application for distinguishability, infringement of others’ intellectual property rights, and other requirements. If the application meets all requirements, Barbados IPO will issue a Trademark Registration Certificate.

Issuance of Trademark Registration Certificate

CAIPO will make a decision to grant or reject trademark registration. If the application is denied, the applicant can request a reconsideration or new application.

Trademark registration service in Barbados of Viet An Law Firm

• Perform the search and notify you in writing of the results of the trademark search in Barbados;
• Draft documents and file and monitor the status of trademark filings in Barbados on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Barbados;
• Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives performing procedures in Barbados.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Barbados, please contact Viet An Law Firm for the most effective support.