Trademarks Law in Saint Kitts and Nevis

30 May 2025 --
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Here is an overview of Trademark Law in Saint Kitts and Nevis, reflecting the latest legal framework and procedures:

🇰🇳 Trademark Law in Saint Kitts and Nevis

Trademark protection in Saint Kitts and Nevis is governed by the Marks, Collective Marks and Trade Names Act, 2000. The Intellectual Property Office of Saint Kitts and Nevis (IPOSKN), under the Ministry of Justice and Legal Affairs, oversees the registration and enforcement of trademarks in the country.(HSM, internationalipcooperation.eu)

🧾 Key Features of Saint Kitts and Nevis' Trademark System

1. Registration System

First-to-File Principle: Trademark rights in Saint Kitts and Nevis are acquired through registration, not use. This means that the first party to file a valid application for a trademark has the exclusive right to use it, regardless of prior use by others.

Examination Process: Upon filing, the Intellectual Property Office conducts a formal and substantive examination to assess compliance with legal requirements. If no grounds for refusal are found, the trademark is registered. The average time from filing to registration is approximately 10 months. (NJQ & Associates)

2. Opposition Procedure

Publication: Trademark applications are published in the Official Gazette after acceptance.(NJQ & Associates)

Opposition Period: Any interested party may file an opposition within 3 months from the publication date. This period is not extendable.

3. Duration and Renewal

Protection Period: Trademark registrations are valid for 10 years from the filing date. Renewal applications must be filed within 6 months prior to the expiration date. A 12-month grace period is available after expiration, subject to additional fees. (NJQ & Associates)

Renewal Term: Registrations can be renewed indefinitely for successive 10-year periods.

4. Use Requirements

Declaration of Use: Trademark owners must file a Declaration of Use within 3 months following the third anniversary of the registration date. Failure to do so results in automatic lapse of the registration. (topipfirm.com)

Non-Use Cancellation: If a trademark is not used for 3 consecutive years, it may be subject to cancellation by a third party. (topipfirm.com)

5. International Protection

Paris Convention: Saint Kitts and Nevis is a member of the Paris Convention, allowing applicants to claim priority based on earlier filings in other member countries. (ENTERSLICE PRIVATE LIMITED)

Madrid Protocol: Saint Kitts and Nevis is not a member of the Madrid Protocol, and there is no bilateral agreement with other countries that extends trademark protection to Saint Kitts and Nevis. Therefore, trademarks registered in other jurisdictions do not automatically provide protection in Saint Kitts and Nevis.

📊 Summary Table

Feature

Details

Governing Law

Marks, Collective Marks and Trade Names Act, 2000

Registration Authority

Intellectual Property Office of Saint Kitts and Nevis

Duration

10 years from registration, renewable every 10 years

Opposition Period

3 months from publication

Use Requirement