PATENTS

Patent Applications Requirements

It must be noted that in relation to NATIONAL PHASE, and PCT  Applications, that the Regulation has not yet been adopted, and although NATIONAL PHASE, and PCT Applications can be submitted and accepted by the IP Office, they are not being processed as a result of this, until the Regulation is made effective.

Notwithstanding, please note the documents as required by the IP Office to proceed with the Registration of Patents:
• Power of Attorney (precedent attached);
• Affidavit 
• Abstract & Drawings (if applicable); and
• Complete specification containing description of
invention (Certified English translation if in a Foreign
Language).
Along with the above, also required
are:
• Notice; and
• Certificate of Registration
 
These documents where applicable, must be SIGNED, DATED, and WITNESSED in the presence of a Notary Public who must affix his/her seal of office.

TRADEMARKS

Trademark Registration requirements in Saint Kitts and Nevis :

Multi-class filing system and International Classification are used. Service classes are accepted.

1. Power of Attorney signed by the applicant before a Notary Public.
2. Declaration signed by the applicant before a Notary Public.
3. Form “A” signed by the applicant before a Notary Public.

TRADEMARK REGISTRATION REQUIREMENTS IN THE FEDERATION OF ST. KITTS & NEVIS

In order to submit application for the registration of a trademark in the Federation of St. Kitts and Nevis the following documents are required:

1. Original Power of Attorney;

2. Original Statement “A”;

3. Original Declaration;

4. 10 prints/designs of the mark (if applicable); and

5. Certified Priority Document (if applicable).

NOTARIZATION REQUIREMENTS

-  The Power of Attorney, Statement “A” and Declaration must be SIGNED, DATED, and WITNESSED in the presence of a Notary Public who must affix his/her seal of Office;

-Where priority is being claimed a CERTIFIED COPY of the PRIORITY DOCUMENT is required, if the original is not being filed; and (iii) Documents not in English must be accompanied with a CERTIFIED English translation.

- One Power of Attorney can be used for filing more than one mark if they are filed at the same time and for the same applicant.

DECLARATION

- One Declaration can be used for filing more than one mark if they are filed at the same time and for the same applicant;

-Declaration being submitted on behalf of entity, must clearly state the same being sworn to on behalf of the entity. For example, where someone is holding an office/position such as a General Counsel and has authorization to sign the document, the first statement of the Declaration should read “I am the General Counsel of company “XYZ” and make this Declaration on behalf of the company; and

-Where Priority is being claimed, the Declaration would vary as the Declaration to be filed for the priority applicant must contain a statement that the applicant intends to rely on priority with information of the first filing duly listed. Applicants must thereafter provide the IP Office with the original and or certified copy of the Priority document within three (3) month, failing which the applicant will forfeit their priority claim for the particular filing in our jurisdiction.

STATEMENT “A”

- One Statement “A” can be used for filing more than one mark if they are filed at the same time and for the same applicant, and specifically, if the class and or classes to be covered are identical in class number and specification for more than one mark.

 DATING OF DOCUMENTS

- The “A.D.” as outlined on the top of the required Power of Attorney, Statement “A” and Declaration (and at any other areas of the said documents) MUST BE changed to reflect the year of execution (that is, the year of signing).

COMPLETION OF REQUIRED DOCUMENTS

If assistance is required with completing the required documents we can assist at no additional cost.

However, we will require all the relevant details, that is, name and address of applicant, class specification, name of mark/device et al.

When forwarded and the documents are being completed on your end, kindly ensure that any areas not applicable, be removed and any areas with comments be addressed accordingly. No blanks spaces are permitted on the said documents.

IP OFFICE FILING REQUIREMENTS

The ORIGINAL required Power of Attorney, Declaration and Statement “A”, must be submitted at the time of filing. As of 1st January 2015, scanned copies of such documents are no longer allowed for filing pending receipt of the originals. Where a Priority Claim application is to be filed, the original or and or certified priority document, may submitted at the time of filing and or up to three (3) months after the submission of the other required documents.

The entire official filing fees are payable when applications are submitted to the IP Office.

CLASSIFICATIONS/SPECIFICATION

Class headings are not acceptable in jurisdiction. Applicants are required to consultant the alphabetical listing of the NICE classifications as last amend, qualifying the goods and services to be covered where applicable.

REGISTRATION TIMEFRAME

Additionally, we must advise that prior to mid-2009 the estimated timeframe for filing and completion of new marks was approximately 3-6 months or sooner. However, as a result of the IP legislation of 2000 not yet being regularized, the IP Office had for a period of up to two years only provided an Acknowledgement Receipt for new applications, with publication in the local Gazette and the issuance of Certificates of Registration suspended. While publication resumed in the official Gazette in or about January 2013, it was only with limited publication of marks and no official notice from the IP Office as to how they were proceeding. As of January 2014 full resumption of publication has taken place, however, agents have still not been advised on how the IP Office is proceeding. Based on some of the marks we have submitted it appears they are proceeding in a random manner.