Trademark registration in Guyana

Trademark registration becomes more and more important globally including in Guyana, a country with great potential for economic development such as abundant natural resources, favorable geographical location and investment environment that attracts domestic and foreign investors. Guyana is on track to become a potential oil powerhouse with reserves of more than 11 billion barrels. The economy grew strongly thanks to oil exports, which are expected to reach $16.3 billion by 2024. Guyana also has large reserves of gold, diamonds, bauxite and manganese ore. Guyana possesses more than 80% of pristine rainforest, with potential for logging and ecotourism development. Guyana has plenty of land suitable for agricultural cultivation, facilitating the development of food production and exports. Located on the Atlantic coast, Guyana is strategically located for international trade. The Port of Georgetown could receive Panamax ships, facilitating the export of cargo. To attract domestic and foreign capital, the Guyanese government is making efforts to improve the investment environment and attract foreign capital. In addition, the Guyanese government also offers many tax incentives and other supports for businesses. Therefore, more and more businesses are expanding their business scope here. In order to be able to distinguish their brand from other competitors, enterprises need to pay attention to the procedure for issuing trademark titles. Viet An Law Firm would like to guide customers preliminarily the procedures for issuing trademark certificates in Guyana through the article below.

Legal basis

• “Trademark Law (Law No. 67 of 1952, as amended by Law No. 4 of 1972)

General overview of trademarks in Guyana

Definition of “trademark”

A trademark definition in Guyana is a mark used or intended to be used in relation to goods. A trademark can be an image, brand, title, label, ticket, name, signature, word, digit, or a combination of these elements. The purpose of a trademark is to indicate a connection between the goods and the person or company granted the license as the owner of the trademark. To put it more simply, a trademark is a symbol, word, or phrase that helps identify a particular product or service and differentiate it from competitors. By granting a trademark certificate, businesses will receive legal protection against others using the same or similar mark for their goods or services.

Types of trademarks that can grant protection certificates

Trademarks: This is the most common type. This type of trademark includes trademarks used on a product or its packaging to identify its origin and distinguish it from competitors’ products. Trademarks belong to classes 1 to 34 according to the Nice Classification. Current restrictions: Guyana does not currently allow direct awarding of titles by service marks (grades 35 to 45).

Collective mark: This type of mark is used to identify the goods or services of the members of an association. Collective branding is useful for groups or cooperatives for branding.

Certification mark: This type of mark certifies specific characteristics of a product or service, such as quality, origin, or ingredients. Certification marks are often used by organizations that independently set standards.

Conditions for granting trademark titles in Guyana

Distinguishability: The trademark must be able to distinguish the applicant’s goods or services from other products. This means that the trademark must not be a generic term or a descriptive element directly related to the product.

Legal: A trademark must not offend, deceive, or violate any existing law or trademark.

Newness: A trademark must not be identical or confusingly similar to a mark issued in Guyana for similar goods or services.

Trademark Title Dossier in Guyana

To issue a trademark title in Guyana, the applicant needs to prepare a complete dossier submitted to the Property and Trade Qualifications Authority (DCRA) of Guyana that includes the usually essential documents in the application:

• Trademark Title Application Form: DCRA provides a standard application form. The applicant should complete the required information, including:
  • Information about the applicant: Name, address, nationality.
  • Brand information: Logo, wording, or logo image (if applicable).
  • List of classes of goods or services under the Nice Classification to which the applicant wishes to grant a trademark title.
• Detailed copy of the trademark: A clear copy is required that shows exactly the sign that the applicant wants to grant a protection certificate.
• Title fee receipt: Pay the fee at the prevailing DCRA rate.

Additional documents may be needed:

• Power of attorney (if any): If the applicant applies through an intellectual property representative to file the application.
• Statement of ownership (if necessary): In some cases, DCRA requires a statement of legal ownership of a trademark.
• Notarized translation (if necessary): If the applicant’s original document is not in English, a notarized translation into English should be provided.

Fees for issuance of trademark titles in Guyana

The Trademark Title Fee in Guyana consists of two main fees:

Filing Fee: This is a one-time fee collected by the Property and Commerce Authority (DCRA) when an applicant files for a trademark title. As of 2024, the application fee is around GYD 15,000.

Title issuance fee (if successful): If the applicant’s application for a title of trademark is approved, the applicant will need to pay an additional fee to obtain a certificate of grant of the title. This fee is usually lower than the application fee and can range around 200 GYD.

There are also some other additional fees such as appraisal fees, gazette publication fees, or objection fees.

How to file a trademark application in Guyana

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

• Direct Submission: You can go directly to the Property and Commerce Qualification Authority (DCRA) at Lot 1 High and Commerce Streets, Georgetown, Guyana to submit your application and related documents.
• By Post or Fax: You may send your application form and all required documents via postal or courier service to the address of the Property and Commerce Title Authority (DCRA) at Lot 1 High and Commerce Streets, Georgetown, Guyana.

Trademark registration service in Guyana of Viet An Law Firm

• Perform the search and notify customers in writing of the results of trademark search in Guyana;
• Draft dossiers and directly file and monitor the status of trademark application filings in Guyana 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 Guyana;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Guyana.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to apply for trademark registration in Guyana, please contact Viet An Law Firm for the most effective support.