Trademarks Law in Guyana
Sure! Here’s an overview of Trademark Law in Guyana:
Trademark Law in Guyana
Legal Framework
Trademark protection in Guyana is governed primarily by the Trademarks Act, Cap. 90:01 (originally enacted in 1941 and subsequently amended).
The law is influenced by the British common law system, as Guyana is a former British colony.
The Georgetown Registry of Deeds and Commercial Affairs manages trademark registrations.
Guyana is a member of the Paris Convention and is a signatory to the TRIPS Agreement.
Guyana has not acceded to the Madrid Protocol as of now, so international filings need to be made national or via other treaties.
Key Features
1. What Can Be Registered?
Any distinctive sign capable of distinguishing goods or services, including:
Words, names, letters, numbers
Logos, symbols, designs
Shapes, colors (if distinctive)
Sounds (less common)
2. Registration Process
Application filed with the Registrar of Trademarks at the Registry of Deeds and Commercial Affairs.
The application undergoes:
Formal examination
Search for conflicting marks
If accepted, the application is published in the Official Gazette for opposition.
A 3-month opposition period follows publication.
If no opposition or if opposition is unsuccessful, the trademark is registered.
3. Duration and Renewal
Trademark registration is valid for 10 years from the date of application.
Renewable indefinitely for successive 10-year periods.
Renewal must be applied for prior to expiration; grace periods may apply with payment of additional fees.
4. Rights Conferred
Exclusive rights to use the trademark in connection with the registered goods/services in Guyana.
Right to take legal action against infringement.
Rights to license or assign the trademark.
5. Infringement and Enforcement
Infringement remedies include:
Injunctions
Damages and account of profits
Seizure and destruction of infringing goods
Enforcement is through civil courts.
Criminal penalties may apply in cases of counterfeiting.
Customs authorities can assist in enforcement against counterfeit imports.
6. International Treaties
Member of:
Paris Convention
TRIPS Agreement
Not a member of the Madrid Protocol.
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Trademarks Act, Cap. 90:01 |
| Registration Authority | Registrar of Trademarks, Registry of Deeds |
| Protection Duration | 10 years, renewable |
| International Systems | Paris Convention, TRIPS |
| Enforcement | Civil courts; customs measures |
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