Trademark registration in Saint Lucia

Discover a comprehensive guide to Trademark registration in Saint Lucia, offering expert insights on protecting your brand in this Caribbean jurisdiction with streamlined procedures. Located in the Caribbean, Saint Lucia is strategically important on international air and maritime routes, facilitating trade and attracting foreign investment. Saint Lucia possesses diverse development potentials in many fields such as agriculture, processing industry, tourism services, finance – banking. Saint Lucia is blessed with white sand beaches, emerald blue waters, and majestic mountain landscapes, attracting visitors from all over the world. The tourism industry contributes more than 65% of the island’s GDP, which is the main driver of economic growth. In order to attract foreign investment, the government of Saint Lucia promulgates many preferential policies to attract foreign investment, including exemption from personal income tax, corporate tax, property tax. Therefore, to distinguish their brand from other competitors, businesses need to pay attention to trademark registration procedures. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Saint Lucia through the article below.

Legal basis

• Trademark Law (Chapter 13.30, Law No. 22 of 2001, 2015 Revised Version)

General overview of trademarks in Saint Lucia

Trademark definition in Saint Lucia

A trademark in Saint Lucia can be defined as a tangible mark that distinguishes the goods or services of a particular business from those of other businesses. This sign can include logos, designs, words, phrases, sounds, or a combination of these elements.

Conditions for trademark registration in Saint Lucia

• Distinguishability: The trademark must be able to distinguish your goods or services from those of other businesses. Generic terms, descriptive phrases or common symbols usually cannot be registered.
• Legal: Trademarks must not offend, deceive, or violate the rights of others. It also cannot infringe an existing trademark or well-known trademark.
• Can be visually expressed: The trademark must be able to express itself visually. Include logos, designs, words, phrases, sounds, or a combination of these elements.

Types of trademarks that can be registered in Saint Lucia

Trademark (for goods): This is the most common type and identifies the origin of  specific goods, distinguishing them from similar products of other companies. For example, the logo of a clothing brand.

Service mark: Similar to a trademark, but identifies the source of  the specific service provided by a particular business. For example, the logo of a specific accounting firm.

Collective marks: These marks are used by an association of individuals to identify goods or services derived from its members. An example might be the trademark used by a local farmer cooperative that sells their produce.

Trademark registration documents in Saint Lucia

Applicant Information:

• Applicant name and address: The legal name and full contact information of the applicant, including phone number and email.
• Type of applicant: Indicates whether the applicant is an individual, company, or other legal entity. (Examples: Sole Proprietorship, Partnership, etc.)

Trademark Information:

• Images that represent trademarks: These can be image files (JPEG, PNG) or a clear and detailed description of the trademark (lettering, logo, design, etc.).
• Class of goods and services: A clear and specific list of the goods or services the applicant intends to use the trademark. Applicants can use the International Classification of Goods and Services (also called the Nice Classification for goods and the Vienna Classification for services) for ease of reference. These classification systems classify products and services, making it easier for the Trademark Office to review an applicant’s application.

After having all the information, the applicant needs to fill out the trademark registration form

• Statement of Use (Optional): If the applicant has already begun using the trademark in Saint Lucia, the applicant may submit a statement of use with evidence (e.g., product packaging, marketing materials) to potentially expedite the registration process.
• Authorization (Optional): If the applicant files through an attorney or intellectual property representative, the applicant needs to provide Authorization to file on the applicant’s behalf.

How to file for trademark registration in Saint Lucia

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

• Direct submission: Customers can come directly to the National Office of Intellectual Property at 2nd Floor Hewanorra House Pointe Seraphine Castries, Saint Lucia to submit the application and related documents.
• By Post: You can send your application form and all required documents via postal service or courier service to the National Office of Intellectual Property at 2nd Floor Hewanorra House Pointe Seraphine Castries, Saint Lucia.

Trademark registration service of Viet An Law Firm

• Perform the search and notify customers in writing the results of trademark search in Saint Lucia;
• Draft documents and file and monitor the status of trademark filings in Saint Lucia 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 Saint Lucia;
• Assist in monitoring, representing the resolution of objections and feedback with the intellectual property representative performing procedures in Saint Lucia.
• Receive dispatches, certificates and hand over to customers (if any).

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