PATENTS

Patent application in Barbados

1. An application on the prescribed form including the appointment of an agent and naming the inventor. The document should be notarized.

2. The specification, claims and abstract of the invention (in the English language).

3. A set of the formal drawings, if any.

4. If the applicant is not the inventor, a statement of ownership will be required.

5. A duly notarized power of attorney.

Entering National Phase in Barbados

A PCT application may enter the national phase in Barbados within 30 months after the priority date.

Documents required and Information :

The following are to be provided:

The full name, nationality and address of the Applicant - if the Applicant is a com pany we need to know the country of incorporation and registered office address.

A Power of Attorney signed by the applicant if an individual, or by an authorized signatory of the Applicant (usually a company director). We require the original Authorization for filing with the Intellectual Property Office. No legalization is required. We will provide the necessary form.

A copy of the PCT application if applicable, and all supporting documentation.

Inventor(s) names, nationality and address.

If the applicant is not the inventor, please provide the documentation showing the applicant's right to the invention (e.g. assignment) or a Statement of Ownership (we will provide the necessary form if required).

If application is not in English it must be accompanied by a certified translation in English.

Prosecution and annuities in Barbados

Prosecution - The timeframe for the progress of the application through the Barbados IPO vary greatly and its depends on the Registrar backlogs.

Filing a simple voluntary application to amend the patent application is allowed.

Annuities :

The Annuities - Starting from the first anniversary of the international filing date, annuities are payable on or before every anni versary. The first payment is usually due prior to entering the national phase, as a late payment to be made on entering the national phase. From the next anniversary (usually within 6 months after national phase entry).

TRADEMARKS

Trademark registration overview

Single-class filing system.

International Nice Classification are used.(the Nice Classification, 11th edition)

Service classes are accepted.

Power of Attorney simply signed by the applicant.

A list of the specific goods or services with respect to each of the marks to be registered (class headings are generally not acceptable without more).

The mark must be suitable for registration; descriptive marks will usually not be registrable. Descriptive words in the mark may be disclaimed; however, there must be sufficient distinctive features for the mark to be registrable.

Proof of use is not required.

If there are non-English words, the applicant must state the language used and provide a sworn translation or transliteration into English.

A trade mark is often referred to as a "brand" or "brand name". A trade mark can apply to goods and/or services. A trade mark used in connection with the provision of services may also be referred to as a "service mark." A trade mark is a visible sign that can, in the course of trade, distinguish the goods or services of one trader from those of other traders. Such visible signs may include words, including names, signatures, colours, designs, letters, numbers and the shape of the goods or their packaging or any combination of these.

By distinguishing your goods or services from those of other traders, a trademark is probably the single most valuable marketing tool that most traders can have.

Advantages

As the owner of a registered Trade Mark in Barbados, you:

Have the exclusive right to use your registered trade mark as a brand name, for the goods and services specified in the registration.

Have the exclusive right to authorize other people to use your registered trade mark for the goods and services specified in the registration.

Have a registered trade mark which is personal property and can be sold.

Can stop other people from using your trade mark as their brand name, on the goods or services of your trade mark registration.

Documents required

Seven (7) representations of the mark (including any colours, forms, or three-dimensional features)

Full instructions on NICE classifications - https://www.wipo.int/classifications/nice/nclpub/en/fr/

Full description of the mark (including any colours, forms, or three-dimensional features)

Power of Attorney and Address for services document

Processing Timeframe

(6 months – 1 year)

Application phase – approx. 90 days

Advertising preparation phase – approx. 3 weeks

Objections phase – approx. 90 days (Anyone having an objection to the mark as advertised must file a formal notice of opposition at the office within 90 days of the publication.

Certificate stage – approx. 3 weeks

Application Stage

The application is filed once we have received the original Power of Attorney and all information to complete the application and payment of our invoice.

A separate application is required for each class of the same mark.

Once the forms are filed we provide the client with confirmation that we have filed the application and attach a copy of the filing receipt from the Intellectual Property Office.

Approval of the application

The Director will consider whether the application complies with the Trade Marks Act Cap. 319 of the Laws of Barbados.

The Director may give conditional acceptance of the mark but require some further action (e.g. a disclaimer or translation), or may reject the mark on specified grounds.

Once the requirements of the Act are met, the Director will send us a letter accepting the mark and requesting payment on account of advertising fees within sixty (60) days.

We ask for an estimated advertising fee up front. If the Director informs us that the fee is higher than we estimated, we will obtain the difference from the client prior to paying the fee to the Director.

Publication Stage

Once the advertising fee is paid the mark will the published once in the Official Gazette. The period allowed for interested parties to oppose the application is 90 days from publication. We will usually send a copy of the publication to the client.

Payment Of Registration Fee

If there is no opposition to registration of the mark within a ninety (90) day period, the registration fee is paid to the Director.

The Certificate of Registration is issued on payment of the registration fee.

Validity Of The Registration

Registration of a mark is valid for ten (10) years from the date of registration. On expiration it may be renewed for further consecutive ten (10) year periods.

Renewals of Trademarks

No proof of use is required on renewing a registration of a mark.

On requesting renewal, please indicate whether there have been any changes in the name or address of the owner since registration or most recent renewal, which have not yet been noted in the Barbados Trade Marks Register.

A change of the owner’s name in the Register must be supported by certified copies of the official document effecting the change (with sworn English translation)

No supporting evidence is required for a change of the owner’s address

An original or certified copy of the assignment (with sworn English translation) must be provided to support an assignment of a mark

It may be necessary to file a change of agent

If we are not already acting under a general authorisation from the applicant, it will be necessary to furnish an Power of Attorney.

Changes Or Recordals In The Register

A change of the owner’s name in the Register must be supported by a certified copy of the official document effecting the change (e.g. extracts from the relevant companies register or certificate of the relevant official). One certified copy is required for each mark, each class.

Changes of address (or the expression of an address e.g. the inclusion of a postal code) must also be notified. No supporting evidence is required for a change of the owner’s address.

An original or a certified copy of the assignment (with sworn English translation) must be provided to support an assignment of a mark

An original or a certified copy of the licence must be filed with the notice of a licence.

A sworn English translation must be provided for all non-English documents and words.

Priority

An Applicant can claim the priority of an earlier application in another country that is a member of the Paris convention or of the TRIPS Agreement. The application in Barbados must be submitted for filing within six (6) months of the making of the earlier application. The Barbados application must state the date and number of the earlier application and the country in which earlier application was made.

The Applicant must furnish a copy of the earlier application certified as correct by an authority in the other country competent to so certify, or give an undertaking to do so within ninety (90) days from the date filing the Barbados application. If not in English, the priority document must be accompanied by a translation into English, verified by the affidavit of the translator.