Trinidad & Tobago – New Trade Mark Law
The Trade Marks Act 2015 entered into force in Trinidad & Tobago on 26th June 2020.
The new law recognises International Registrations obtained under the provisions of the Madrid Protocol, and contains a number of provisions which will simplify the registration process. The changes brought in by the new Act include the abolition of Parts A and B of the Register and association of trade marks. Trinidad will henceforth follow the latest edition of the Nice Classification of goods and services, which means that applications can be filed for the first time in classes 43, 44 and 45. The definition of a trade mark has been expanded to include smells, sounds, tastes, as well as 3-dimensional marks and collective marks, and greater protection will be given to well-known marks, whether or not they have been registered in Trinidad. Trade marks will henceforth be published for opposition purposes in a Journal issued by the Intellectual Property Office, rather than in a local newspaper. Certificates of Registration will also be issued electronically.