Trademark application Guyana

Trademark registration Guyana

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What are the costs of a trademark registration in Guyana?

The costs of trademark registration in Guyana depend on the number of Nice classes that are relevant to the trademark. Most marks need 1 to 3 classes, but it is possible to get  protection in all of classes 1 through 45 of the Nice classification.


How do you get a trademark registration in Guyana?

To register a trademark in Guyana, you must submit your application directly to the trademark office. This trademark office belongs to the Ministry of Legal Affairs. In addition to this direct, independent registration, it is also possible to extend a trademark already registered in Great Britain to Guyana. Guyana has been autonomous since 1966, but was a British colony before then and the two countries still maintain close ties. Guyana is the only South American country where English is the official language. This makes it even more attractive for entrepreneurs to register their trademark in Guyana.


Is filing a trademark for both products and services possible in Guyana?

If you want to register a trademark in Guyana, it must correspond to one of the 34 classes as defined in the Nice Classification System. This means that you can only apply for a trademark in Guyana if it concerns a product. Direct local registration of services is not possible in the country unless they were already registered in Great Britain. Trade marks relating to services correspond to classes 35 to 45 of the Nice Classification System. Applying for a trademark in Guyana that falls into several classes is only possible if it concerns an extension of a registration in Great Britain.


What are the requirements for a trademark application in Guyana?

If you want to register your trademark in Guyana and it has not yet been registered in Great Britain, you must provide the following with your application:

  1. Name and address of you as a person or company
  2. Name of the brand
  3. 7 printed versions of the brand
  4. Classification and specification of goods
  5. Power of Attorney to an Agent
  6. If applicable: translation

If your brand name has already been registered in Great Britain and it concerns a grant, you will need the following:

  1. A certified color copy of the UK Registration Certificate or a UK Trade Register Certificate
  2. 7 printed versions of the brand
  3. Power of Attorney to an Agent

How long does it take to get trademark protection in Guyana?

How long it takes to register a trademark in Guyana depends on the route you take. If it concerns a trademark already registered in Great Britain, you can count on a duration of approximately six months. Registering a trademark independently in Guyana takes considerably longer and depends on various situational factors. Please note that trademarks registered in the European Union are no longer valid in the United Kingdom as of January 1, 2021. A trademark that was already protected in Great Britain prior to Brexit, continues to enjoy protection within the borders of the country.


The use of a combination of elements in a brand

If you wish to apply for a combined trademark in Guyana, i.e. a trademark that contains both word elements and figurative elements, the exclusive right that you enjoy with trademark protection only applies to the specific combination of elements as described in the application. If you also want to be able to use a word element or figurative element separately, it is recommended to register a second trademark in Guyana, which only contains that specific element.


Can registering seperate elements in one trademark cause problems?

If you do not request a second registration for the element in question that you also want to use separately to offer your product or service in a commercial manner, other entrepreneurs are free to use it. You can object to this in only one case: when the product or service that this entrepreneur offers is the same as what you offer, or is so similar that this agreement may cause confusion among consumers. The success of an objection lodged on this ground depends on the situation.


What are the steps of the trademark application process in Guyana?

After providing the required information for trademark filing in Guyana, it will be tested. If, according to the committee, there are no grounds for rejection, your intention to register will be published in Guyana’s official commercial gazette. After publication, third parties have one month to object, for example because they believe that this violates their rights. The final step in the process of registering a brand name in Guyana is to issue a registration certificate. This will happen approximately three months after successful completion of the registration process.


Is an intent to use or proof of use necessary to gain and maintain trademark rights?

If you want to register a trademark in Guyana, it is not necessary to submit proof of use. You also do not need to provide a letter of intent for the use of your product or service. However, a trademark may not remain unused for more than three years after registration. If it does, your mark may lose its protection due to inactivity.


What is the validity period of trademark protection in Guyana?

When you register a trademark directly locally in Guyana, protection is initially valid for seven years. You can request an extension at the end of this period. Renewals are issued for a period of fourteen years. Trademarks that are an extension of a trademark registered in Great Britain are subject to the period of validity formulated in accordance with British rules. Renewals in Guyana can be requested within three months before the end date. There is a one-month grace period.

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