Trademark registrations in Antigua and Barbuda

Antigua and Barbuda is a country located in the Caribbean region, famous for its majestic natural beauty and diverse culture. This place has favorable conditions to develop the tourism segment, so more and more businesses are expanding the scope of business activities here. To protect the rights and reputation of the business, trademark registration is an important part of the business process here. The trademark registration process in Antigua and Barbuda is carried out in accordance with the provisions of intellectual property law. Viet An Law Firm would like to guide you through the preliminary procedures for trademark registration in Antigua and Barbuda.

Legal basis

• Trademark Act 2003 (Act No. 18 of 2003)
• Other relevant legal documents

General overview of trademarks in Antigua and Barbuda

A trademark in Antigua and Barbuda is defined as any mark that is likely to distinguish the goods or services of one business from another. This can include: Words, Images, Design, Sounds,  Scents or any combination of the above

Trademark classification

Brands in Antigua and Barbuda are classified into 4 main categories:

• Trademark: Includes words, letters, numbers.
• Image brand: Includes images, logos, logos.
• Coordinated trademarks: Include a combination of text and image marks.
• Non-traditional brands: Include sounds, scents, three-dimensional shapes, etc.

Trademark ownership benefits

Trademark rights in Antigua and Barbuda are protected under the principle of “pre-registration with pre-entitlement”. The first enterprise to register a trademark will enjoy the exclusive ownership and use of that trademark.

Conditions for trademark registration in Antigua and Barbuda

• The mark must be able to distinguish the applicant’s goods or services from those of another enterprise.
• The sign must not infringe the intellectual property rights of third parties.
• The sign must not be contrary to public morals or public order.

Trademark records in Antigua and Barbuda

Here are the documents required for trademark registration in Antigua and Barbuda:

• Application: The application must be submitted in English or French. The application can be downloaded from the website of the Antigua and Barbuda Intellectual Property Office via the following link: https://abipco.gov.ag/
• Fee payment receipt
• Trademark Sample: The trademark sample must be filed in accordance with the regulations of the Antigua and Barbuda Intellectual Property Office. The trademark form must clearly and accurately represent the trademark that the applicant wishes to register.
• List of goods or services: A list of goods or services that must be filed in accordance with the regulations of the Antigua and Barbuda Intellectual Property Office. The list of goods or services must clearly and accurately describe the goods or services for which the applicant wishes to use the trademark.
• Power of attorney (if any): In case the applicant submits an application through an intellectual property representative, it should be attached
• Other documents (if any):
  • If the applicant claims priority rights under the Paris Agreement, the applicant needs to submit a copy of the Trademark Registration Certificate in the first country.
  • If the applicant requests registration of a collective mark or certification mark, the applicant needs to submit additional documents in accordance with the regulations of the Antigua and Barbuda Intellectual Property Office.

How to file for trademark registration in Antigua and Barbuda

To file for trademark protection in Antigua and Barbuda, you can file using the following filing methods:

• Direct submission: You can visit the offices of the Antigua and Barbuda Intellectual Property Office at Hewlett House St. John’s Street St. John’s Antigua to submit your application and related documents.
• By Post: You can send your application and all required documents via postal service or courier service to the address of the Antigua and Barbuda Intellectual Property Office.
• Submit online via website: https://abipco.gov.ag/ When applying online you should pay attention to the payment of the relevant fee in accordance with the instructions of the Antigua and Barbuda Intellectual Property Office.

Trademark registration fees in Antigua and Barbuda

The trademark registration fee in Antigua and Barbuda includes:

Application fee

• The trademark filing fee is $250.
• This fee includes application fees and assessment fees

Gazette publication fee

• The fee for publication of the official gazette is $100.
• This fee is paid once the application is accepted.

Fees for granting protection titles

• The fee for issuing a protective title is 250 USD.
• This fee is paid after the trademark is published in the official gazette

Other fees (depending on the documents, the applicant wants to add an additional fee)

• Authorization fee: 50 USD.
• Priority Request Fee: 50 USD.
• Registration change fee: 50 USD.

Trademark Registration Processing Process in Antigua and Barbuda

After submitting the application and being accepted formally, the National Office of Intellectual Property will conduct an appraisal of the trademark application

Review your profile

After receiving the application, the National Office of Intellectual Property will conduct a review of the application to ensure compliance with legal requirements. If the dossier meets the requirements, the National Office of Intellectual Property will publish the trademark in the Trademark Journal. If the dossier does not meet the requirements, the National Office of Intellectual Property will notify the applicant and request an amendment or supplementation of the dossier.

Publication and objection

If the dossier meets the requirements, the National Office of Intellectual Property will publish the trademark in the Trademark Journal within 3 months so that third parties can object. Anyone with a legitimate interest can file an objection. The objection must be filed in writing with the National Office of Intellectual Property within 3 months from the date of publication of the trademark in the Trademark Journal. The objection must clearly state the reasons and legal grounds for the objection. If an objection is filed, the National Office of Intellectual Property will review the objection and decide whether to accept it or not. If the National Office of Intellectual Property accepts the objection, the trademark application will be rejected.

Grant of protection titles

If no objections are filed, or all objections are resolved, the National Office of Intellectual Property will issue a protection certificate. The protection title is valid for 10 years from the date of issue and can be renewed several times, each time for 10 years

Trademark registration services in Antigua and Barbuda by Viet An Law Firm

• Perform searches and notify customers in writing of trademark search results in Antigua and Barbuda;
• Drafting documents and directly submitting and monitoring the status of trademark filings in Antigua and Barbuda 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 Antigua and Barbuda;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives performing procedures in Antigua and Barbuda.
• Receive dispatches, certificates and hand over to customers (if any).

If you need to file a trademark application in Antigua and Barbuda, please contact Viet An Law Firm for the most effective support.