Trademark Registration in Trinidad and Tobago

(Trademark Law 2015, Law No. 8 of 2015)

Trinidad and Tobago, with its favorable geographical location, diverse culture, and growing economy, offers many attractive opportunities for businesses looking to expand their brands. Trinidad and Tobago is the economic and commercial hub of the Caribbean region, making it easier for businesses to access a wider market. Trinidad and Tobago’s developed seaport system facilitates the import and export of goods. With large oil and gas reserves, Trinidad and Tobago has a fairly stable economy, creating many business opportunities in the energy sector. The tourism industry is thriving, bringing many opportunities for businesses in the hospitality, hospitality and restaurant sectors. The combination of European, African, and Indian cultures creates a diverse and unique culture that attracts tourists and investors. The government of Trinidad and Tobago offers many attractive incentives for foreign investors, such as tax exemptions, capital and land support. The Government is investing heavily in infrastructure development, such as roads, seaports, airports, creating favorable conditions for production and business activities. Trinidad and Tobago is a potential market for businesses looking to expand their business. With outstanding advantages, this island nation promises to bring many opportunities for success for investors. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Trinidad and Tobago through the article below.

Definition of Trademark in Trinidad and Tobago (Trademark Law 2015)

A trademark, except in relation to a certification mark, is any sign that can be represented graphically and is capable of distinguishing goods or services traded or offered in the course of business by a person, from goods or services traded or offered by any other person.

Conditions for registering a trademark in Trinidad and Tobago

• Product Description: The trademark should not be too generic, describing the characteristics of the product.
• Confusing: Trademarks must not mislead consumers about the origin or quality of the product.
• Violation of the law: Trademarks must comply with the law and social ethics.
• Resembling national emblems: Trademarks must not resemble the flag, coat of arms, or emblem of any country.
• Provocative: Trademarks must not be provocative or offensive.
• Not protected by law: Trademarks must meet legal requirements to be protected.
• Relevant to geography: Trademarks should not be too associated with a specific place name.
• Generic word: A trademark must not be a generic name for a type of product. For example, “soft drinks” cannot be a trademark because it is the generic name for all carbonated drinks.

Types of trademarks that can be registered in Trinidad and Tobago (Trademark Law 2015)

What is a certification trademark?

A certification mark is a sign used or intended to be used to distinguish goods or services traded or offered in the course of business; and certified by the owner of the certification mark in relation to the origin, materials, method of production of goods or performance of services, quality, precision or other characteristics, with other goods or services traded or offered in the course of business but not so certified.

What is a Collective trademark?

A collective mark is a sign used or intended to be used in relation to goods or services traded or offered in the course of business by members of an association to distinguish such goods or services from goods or services traded or offered by persons who are not members of the association assemble.

Other non-traditional trademark

The applicant can register a non-traditional trademark. The Trademark Law allows for the registration of non-traditional trademarks that are identifying signs that are not traditional letters, numbers, or images but can be sounds, scents, tactile sensations, etc. An example of a non-traditional audio brand is the roar of the MGM lion.

Trademark Registration Records in Trinidad and Tobago (Trademark Law 2015)

• Trademark registration application: The applicant completes the following information (the M2 form can be downloaded at the following link: https://ipo.gov.tt/downloads/Trademark/Forms/form_tm2.pdf)
  • Name and address of the applicant (individual or business)
  • Trademark type (word, logo, image, etc.)
  • A detailed description of the trademark (meaning, color, typography, etc.)
  • List of goods or services according to the Nice classification system
  • Application Fee
• Trademark Templates: Two clear and easily visible copies of the trademark printed on a white background. If the trademark is colorful, a clear note should be made.
• Identification documents:
  • A copy of the applicant’s identity card or passport (if it is an individual).
  • Business registration certificate or business license (if it is an enterprise).
• Power of attorney (if applicable): If the applicant hires an attorney or legal representative to file the application, a valid power of attorney is required.
• Additional documents (if any): If the trademark has special elements, the applicant needs to provide explanatory or illustrative documents. For example, if the trademark is a complex logo, the applicant can provide technical drawings.
• Fee payment receipt

How to file a trademark application in Trinidad and Tobago

To file a trademark protection application in Trinidad and Tobago, you can file by the following filing methods:

• Direct filing: Customers can go directly to the Attorney General’s Office and the Ministry of Justice at AGLA Tower, Level 21 Government Campus Plaza Corner Richmond and London Streets Port of Spain to submit the application and related documents.
• Mail Delivery: You can send the application form and all necessary documents through the postal service or courier service to the Attorney General’s Office and the Ministry of Justice at AGLA Tower, Level 21 Government Campus Plaza Corner Richmond and London Streets Port of Spain.

If you want to file a trademark registration application in Trinidad and Tobago, please contact Viet An Law for the most effective support.