Trinidad and Tobago 2012 - invesTT

Intellectual Property
A GUIDE TO INVESTING IN TRINIDAD AND TOBAGO (2012)
Section 10
Intellectual property is defined [quoted by the Ministry of Legal
Affairs] as “… the expressed creation of the mind for example, in
books, art, logos, shapes, images and inventions…”
Intellectual property rights in Trinidad and Tobago are managed by
the Intellectual Property Office (IPO). Trinidad & Tobago Intellectual
Property legislation protects trademarks, patents, copyright,
industrial design, integrated circuits, geographical indications and
new plant varieties.
Intellectual property is subdivided into two categories:
• Industrial property refers to trademarks (logos, names and
symbols); patents (inventions); industrial designs; integrated
circuits; new plant varieties and geographical indications.
• Copyright is the intellectual property right that subsists
in original literary and artistic works such as books, poems,
plays, choreographic works, films, musical works, artistic
works such as works of mas, drawings, paintings, photographs,
sculptures, architectural designs and computer software.
Related rights are rights that pertain to performances, sound
recordings and broadcasts.
TRADE MARKS
A trade mark is any sign, symbol, device, brand, heading, label,
name, word or combination thereof that is used to distinguish the
goods and services of an entity from those of its competitors. There
is also a range of non-conventional trade marks which do not fall
into these standard categories, such as those based on color,
smell, or sound.
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Trade Mark Legislation in Trinidad and Tobago provides for the
registration of distinctive trade marks in respect of both goods and
services. Variations of a trade mark may be registered as series
marks thereby garnering protection for each variation but lowering
the costs of renewal. Additionally, the Trade Mark Act allows for the
registration of collective trade marks and certification trade marks.
TRADE MARK REGISTRATION
Who can apply?
An applicant for a trade mark must either be a person or a company
and must provide the name, address, and nationality (if a person) or
state of establishment (if a company). Applications must be signed
by the applicant or in the case of a company, an authorised officer.
An applicant based outside of Trinidad and Tobago must designate
a local representative in the application form.
What documents do I need?
1. The applicant’s name and address
2. The applicant’s state or country of incorporation or the
applicant’s nationality if the applicant is an individual
3. Trade mark application form completed in duplicate and
filed at the Intellectual Property Office (IPO) together with the
payment of the prescribed fee
4. The classes of goods and services intended for use with
the trade mark must be listed on the application form in
accordance with the Nice Classification (7th Edition) of Goods
and Services
5. Seven copies of the mark must accompany the application.
6. If there is a designated representative on the application
form, an Authorisation of Agent must be submitted.