Trademark registration Dominica
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What are the costs of a trademark registration in Dominica?
The costs of trademark registration in Dominica 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.
- Includes all fees
- extra class
- Includes all fees
- up to 3 classes
- Includes all fees
- extra class
How do you get a trademark registration in Dominica?
Trademark registration in Dominica is based on ‘first-to-file’ jurisdiction. Simply put, first-to-file means: first come, first served. Priority is given to the first person to apply for the rights to a trademark. A trademark registration in Dominica is advisable, because it offers protection. Unregistered trademarks are not eligible for this. Only in exceptional cases.
Where is the trademark registered?
The Company and Intellectual Property Office (CIPO) is processing applications for trademark registration in Dominica. The CIPO then conducts an investigation, including into the distinctive character of the trademark. The process in Dominica to final registration usually takes an average of eighteen months, provided the CIPO investigation does not cause any problems and third parties do not object.
Opposition proceedings by third parties
Third parties have the opportunity to defend themselves against trademark applications in Dominica. After publication of the application, there is a period of two months in which third parties may start so-called opposition proceedings. An opposition procedure can greatly delay the process of the final application or even prevent the trademark from being registered at all.
What is the validity period?
A registered trademark in Dominica is valid for ten years from the date of application. The trademark is renewable in periods of ten years. Renewal is possible six months before the expiry date. After the expiration date, there is still a grace period of six months in which the trademark is also renewable. Costs are paid for this.
What happens if the mark is not used?
The trademark does not necessarily have to be in use when applying. Once registered, the trademark must be used within three years. Otherwise, the trademark runs the risk of being deleted from the CIPO registers on the basis of lack of use. Under certain circumstances, non-use may be justified.
Is Dominica part of the Treaty of Madrid?
A trademark registration in Dominica is not possible via the Madrid Protocol. Dominica is not a member of the protocol that simplifies international registrations. So an already registered trademark in a Madrid member state cannot be registered via the protocol in Dominica. In addition, it is important to know that trademark registration in Dominica is only valid in the country itself and not elsewhere.
Word mark, figurative mark and combined trademark
Trademark registration in Dominica is possible in three different ways. The country distinguishes between the word mark, the figurative mark and the combined trademark. The word mark only contains letters and/or numbers, also known as alphanumeric characters. Stylized characters and fonts are also possible. The figurative mark consists only of graphic elements and has no alphanumeric characters. The combined trademark is a combination of the word and figurative mark.
Use of the combined trademark is limited to its exact registration. In concrete terms, this means that word and image elements may not be used separately in utterances. These have no protection. Therefore, separate registration of the elements is advisable, provided you want to use and protect them separately from each other.
Why should a mark be distinctive?
A trademark registration in Dominica has several advantages. A trademark is an identification of products and services. It ensures recognisability among consumers. When they see a brand, consumers immediately know which product or service they are dealing with. For that reason, a trademark must be distinctive.
How does a trademark protect you against third parties?
A registered trademark in Dominica is protected by law. For example, third parties cannot simply register a comparable trademark. Trademark owners have the right to object based on confusing similarity. Brand owners also have the opportunity to initiate legal proceedings against counterfeiters.
Do you have the right to use the r symbol?
A registered trade name in Dominica has the right to use the r symbol. This symbol shows worldwide that a brand is officially registered. In addition, the r symbol radiates professionalism. Only registered brands may use the symbol. This is prohibited and even punishable for unregistered brands.
What documents are required for a trademark application in Dominica?
The CIPO needs different information. These are listed below:
- Name and address details of brand owner and company
- Example of trademark to be registered
- Accurate description of product(s) and/or service(s)
- Classification according to the Nice system
Please also note that requests for a logo are made without color claim by default. It means that the trademark holder uses any color combination. In addition, it is possible to claim a color as a trademark of the brand.
Does registration in Dominica work according to Nice classes?
The products and/or services covered by the trademark must be classified into classes when applying. The Nice classification system (NCL), which is the standard worldwide, is used for this purpose. The classification system is divided into 45 different classes. Products fall under the first 35, services under the remaining eleven. To select the right classes, the following classes help: what products does the company sell or what services are provided? And what does the brand promote? An exact division of the classes can be found in the official documentation of the NCL.