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Benelux trademark protects Belgium, Netherlands and Luxemburg. In order to obtain trademark protection in Benelux you can register your trademark in two ways: First option is that you request registration in the entire European Union with one single application; this can be done via the European Union Trademark which grants trademark protection in the 28 country members of the EU (more info here). Second option is that you register directly your trademark in Benelux. If you want to proceed this way please follow the steps described below.
Step 1 - Trademark Comprehensive Study
Before filing your trademark in Barbados it is important that you evaluate possible obstacles that may arise during registration process. Our Trademark Comprehensive Study will not only list similar trademarks (graphic & phonetic) that may conflict with yours, but also give you an Attorney's opinion about registration probabilities and the class(es) that belong your product/services.
Trademark Class Recommendation
Graphic & Phonetic Similarity Trademark Search
Trademark Attorneys Analysis & Advice
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Step 2 - Trademark Registration Request
Your Trademark Application will be filed by specialized attorneys in Barbados, who will carry out all needed tasks before the Trademark Office in Barbados in order to obtain registration approval. As soon as your trademark is filed we will send you a filing report which will include application number and date, plus a scanned copy of filed trademark application in Barbados.
Process Handled by Experienced Trademark Attorneys
Filing Report & Scanned Copy of Application
Online Tracking of the Registration Process
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Step 3 - Trademark Registration Certificate
Once your trademark application is approved, our attorneys will complete all necessary requirements in order to obtain the registration certificate in Barbados. After the certificate is issued, it will be forwarded to your address along wit h a registration report specifying registration number, registration date and any special consideration that should be taken into account in Barbados.
Process Handled by Experienced Trademark Attorneys
Delivery of the Registration Certificate & Report
Monitor & Reminder of important dates
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 Frequently Asked Questions
Trademark Registration
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Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 15 months, if no objections or oppositions arise.

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If I register my trademark in Barbados, do I have protection in other territories?

No. Protection for registered trademarks is limited only in Barbados and does not extend to other countries.

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Do I need to sign a Power of Attorney?

A power of attorney is one of the requirements to complete the trademark application process.

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Are there any benefits from a pre-filing use of the trademark?

Pre-filing use of the mark allows the owner to demonstrate its distinctive qualities and win over oppositions on the ground of non-distinctiveness.

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Will there be problems in case I don’t use my trademark after registration?

Non-use of a registered trademark can result to removal from the registry office.

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What are the types of trademark that can be registered in Barbados?

Registrable marks in Barbados include:

  • Names
  • Words
  • Slogans
  • Colours
  • Devices
  • Shapes with 3-dimensions
  • Collective marks
  • Services marks
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What are the phases of application after a trademark has been filed in Barbados?

Trademark application in Barbados goes through 3 phases namely: examination, publication, and registration. All applications are examined according to requirements. The mark will also be checked whether identical or confusingly similar marks are already on record. The mark and its details will be going through a publication process to allow third parties to oppose and if an opposition is overcome by the trademark owner, the registration is then granted.

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What type of trademark is not registrable?

Non-registrable marks include:

  • Generic or common words
  • Marks considered as immoral or against public safety/order
  • Marks without distinctive qualities
  • Surnames
  • Names of a geographic location
  • Name, flag and symbol of a region, nation, state or an international organization
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Does Barbados use the "Nice Classification" system?

Nice Classification system is effective in Barbados.

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Does the Community Trademark apply for Barbados?

No. Barbados is not a member of the Community Trademark.

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Is there any possibility to claim priority in Barbados?

Yes. The applicant may claim for a priority processing if the Paris Convention is applicable in his home country and if the date of home application is within 6 months prior to application in Barbados.

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What do I need to do to satisfy the use requirement?

Trademarks must be used within 5 years from the date of its registration. Use must be for commercial purposes and must occur within the jurisdiction of Barbados.

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Once my trademark has been registered, for how many years will be valid?

Your registered trademark is initially valid for 10 years counting from the date of registration.

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What will be the renewal date of my trademark?

The first renewal date of your trademark would be 10 years counting from the date the registration was granted.

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Is it legal to use my trademark even if it is not yet registered?

Yes. You may legally use an unregistered mark for commercial purposes.

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Does having a registered trademark in Barbados give me any right?

Registration of trademark is mandatory in order to establish ownership rights. The rule “first to file” is applicable in Barbados.

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What is the web address of the trademark national office?

Visit Barbados’ trademark national office at this link: http://caipo.gov.bb/

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Is there any need to use my trademark before I apply for registration?

No. Applicants are not mandated to use or to have intent to use a mark prior to registration.

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Can a Trademark Application be opposed?

Yes. Third parties opposing a trademark application is accepted on the grounds of:

  • Proprietary rights
  • Personal name rights
  • Descriptive, misleading, disparaging or deceptive marks
  • Copyright issues
  • Company name rights
  • Article 6septies and 6bis rights of the Paris Convention
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Who can contest my trademark registration?

Opposition to trademark application may be filed by any interested parties.

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Is it possible to cancel a registration?

Yes. A trademark’s registration may be cancelled on these grounds:

  • Mark is prohibited in Barbados
  • Mark is disparaging, deceptive, misleading, descriptive and/or generic
  • Mark was applied for in bad faith
  • Mark is lacking in distinctive qualities
  • Mark is contrary to standards of moral or public laws
  • Mark is consisting of a protected emblem, badge of public interest
  • Mark is consisting of a geographic location or indication
  • Mark violated rights under Paris Convention - Article 6ter
  • Mark does not meet use requirements under Section VIII.A
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Are there any rights established by having a registered trademark?

Registration of a trademark establishes the following:

  • Right to use the mark exclusively
  • Right to contest later conflicting applications
  • Right to appeal for the cancellation of later conflicting registrations
  • Right to sue third parties for trademark infringement
  • Right to receive compensation from third parties that infringed the mark
  • Right to appeal for the confiscation of counterfeit imported goods
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How long is the opposition period?

Third parties may file for opposition on the date the application was published on the Official Gazette. Opposition period ends 90 days after that date.

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Is Barbados a member of the Madrid System?

No. The Madrid Protocol and the Madrid Agreement are not effective in Barbados.

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Do I need to present periodic statement of use?

Periodic statement of use and other similar documentations are not required.

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When should I renew my trademark?

Your trademark must be renewed every 10 years.

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What will be the renewal date of my trademark?

The first renewal date of your trademark would be 10 years counting from the date the registration was granted.

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Is there any documentation that should be presented when renewing a trademark?

When renewing a trademark registration, owners are required to present a power of attorney.

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If my trademark expires, do I have a grace period?

Once a trademark has expired, the owners are given 6 months grace period to have it restored.

Basic Questions
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What is a trademark?

A trademark identifies products and services in order to distinguish them in the market. The name, the verbal element, is not the only component that distinguishes a trademark; figurative elements such as logos, design, images, colors and sounds also create an identity that can be protected through trademark registration.

 With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.

 Some symbols to consider:

® Means the trademark is registered.

TM Some countries use this symbol to show that the trademark has been filed at the trademarks office and is still undergoing the registration process.

SM Some countries use this symbol to show that the service mark has been filed at the trademarks office and is still undergoing the registration process.

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What is the difference between a trademark, patent and copyright ?

There are many ways to lay claim to your work. Trademarks, patents, and copyrights offer protection for owners of intellectual property. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or a service in the market.

patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.

You cannot patent an idea because we all have them. You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to a problem to secure a patent.

Copyright protect published, performed, or printed creative works. People who produce artistic or musical work seek to protect their “right” to stop others from “copying” what they do. Copyright protection protects any original creative works of authors including:

  1. a) artwork (2 or 3 dimensional),
  2. b) photographs, graphic drawings, and designs as well as other forms of creativity;
  3. c) songs, music, and sound recordings of all kinds;
  4. d) books, manuscripts, publications, and another written work; and
  5. e) plays, movies, shows, and other performance arts.

 

A trademark, patent, or copyright are all examples of ways you protect your intellectual property. Your right to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.

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What is the difference between TM, SM, ® and other symbols?

You recognize a registered trademark by the symbol of a circle-R following the trademark name or graphic image. Various typographic symbols show copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but a best practice is to use a circle-R or circle-C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.

  • TM: The TM sign shows the brand name for an unregistered trademark classified as a product (classes 1 to 34). The owner uses this sign to mark what they believe is their brand mark.
  • SM: The SM sign is identical to the TM sign except it designates a service mark (classes 35 to 45).
  • ®: ®: Use the ® symbol once you register a trademark or service mark. It shows that the country authority has approved the registration.
  • ©: Use the © symbol to mark a copyright. The word copyright is substitute sign for Follow it with the year of the publication and owner's name. Use it whether the work has obtained copyright registration or not.
  • Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
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What are trademark classes?

Trademark Offices around the world use classes to divide commercial products and services into defined categories.  When you apply for your trademark to protect your brand, you must define the class or classes that you believe are best describe your business activity. 

There are 45 classes – 34 for products and 11 for services – which countries from around the world have standardized for international use under the 'Nice International Classification'.

These classes group all known products and services. You can register the same trademark if there are similar classes, for example, you may register the trademark KING for computers in class 23, and you can also register the same trademark in class 24 for cosmetics. 

Trademark protection only extends to commercial use within your specified classes.  It is possible, then for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. You can choose multiple classes under which to conduct business if you feel the protection must extend beyond only one class.

You can perform a search of your class with the following tool Trademark Class Search

Trademark Search
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Why do I need to perform a trademark search?

Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name? 

Too many people use a name without knowing if they have legal coverage, and they put up big marketing campaigns with names that later they find they cannot use. Performing a Comprehensive Search Study before you decide to register your brand mark is a wise decision especially when you consider future risks of litigation. 

It is a good idea to conduct a Study before you start doing business with a trademark.  It may not be in your best interest to use a mark if another company is already actively conducting business in the same class.  That company may be able to object to your use of the trademark and prohibit you from using the mark in a court of law.

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Do I need an Attorney to perform a Trademark Search?

No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you find professional help. Our company offers the service Trademark Comprehensive Study. The Study will give you details about the classes where might want to register your trademark, it will also list identical and similar trademarks, and finally, it will provide you an Attorney's recommendation about registration possibilities and use of your trademark.

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Where can I perform a trademark search?

If you have some knowledge about trademark registration, you can search using any online trademark search tool. If not, we recommend hiring a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially a trademark search because the entire process is complex and takes time.

Notice that if you do not complete the application process carefully, the registration process could be extended for many months and cost far more than you intended to pay. The trademark search is a critical part of the process.

A broad trademark search is essential in today's marketplace given the increasing number of unregistered and common law marks. Globalization of markets also raises the question of entering international markets and registration of marks in foreign countries to protect your brand and your property rights.

You need to understand that even a completed comprehensive trademark search does not guarantee acceptance and registration of your mark. A Trademark Comprehensive Study includes a more extensive review process and, more significantly, a formal opinion estimating the probability of your application's acceptance.

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