Trademarks Law in Dominica
Here is a comprehensive overview of Trademark Law in Dominica, reflecting the country’s current legal framework and procedures:
🇩🇲 Trademark Law in Dominica
1. Legal Framework
Governing Legislation: The primary legislation governing trademark law in Dominica is the Marks, Collective Marks and Trade Names Act, No. 12 of 1999, along with the Marks, Collective Marks and Trade Names Regulation, S.R.O. No. 3 of 2009.
Administrative Authority: The Companies and Intellectual Property Office (CIPO) is responsible for administering intellectual property rights, including trademarks, in Dominica.
2. Trademark Registration Process
Application Requirements:
Form 1: Application for the Registration of a Mark (Schedule II of the Marks, Collective Marks and Trade Names Regulation).
Authorization of Agent: If the applicant's residence or principal place of business is outside Dominica, an authorization of agent is required.
Fees:
XC$450.00 for goods or services in a single class.
XC$200.00 for each additional class.
XC$100.00 per class for a word mark or XC$150.00 per class for a mark with words and figurative elements, for publication of the application.
Application Contents:
A request for registration.
A reproduction of the mark.
A list of goods or services under the applicable class(es) of the International Classification of Goods and Services.
Examination and Publication:
The application undergoes a formal examination by CIPO.
If accepted, the application is published in the Journal of Intellectual Property.
Third parties have two months from the publication date to file a Notice of Opposition.
Opposition and Registration:
Notice of Opposition: Filed using Form 3, accompanied by a fee of XC$150.00.
Answer to Opposition: The applicant may file a Notice of Answer within one month from the date of receipt of the Notice of Opposition, using Form 3, with a fee of XC$100.00.
Registration: If no opposition is filed or if the opposition is resolved in favor of the applicant, the trademark is registered as of the date of receipt of the application. (cipo.gov.dm)
3. Duration and Renewal
Initial Duration: Trademarks are registered for 10 years from the filing date.
Renewal: Renewable indefinitely for subsequent 10-year periods.
Renewal Application: Must be filed within six months before the expiration date. A grace period of six months is allowed after the expiration date, with payment of a late fee. (Kashish World)
4. Use Requirement and Cancellation
Use Requirement: While a trademark does not need to be in use at the time of registration, it must be used within three years from the date of registration.
Non-Use Cancellation: Failure to use the trademark within three years may render it vulnerable to cancellation by any interested party. (topipfirm.com)
5. International Protection
Paris Convention: Dominica is a member of the Paris Convention for the Protection of Industrial Property, allowing for priority claims based on earlier filings in other member countries.
Madrid Protocol: Dominica is not a member of the Madrid Protocol, so international trademark registration through WIPO is not possible.
✅ Summary
Dominica offers a structured trademark registration system with a 10-year initial protection period, renewable indefinitely. The process involves filing with CIPO, undergoing a formal examination, and publication in the Journal of Intellectual Property. Third parties have the opportunity to oppose the registration within two months of publication. Once registered, the trademark must be used within three years to maintain its validity.
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