English

St. Kitts & Nevis

Searches

Trademark availability searches are made according to the international nomenclature of the Nice Agreement. Device marks cannot be searched. The approximate time frame to receive results is within 10 days.

Application

Trademark filing applications require a notarization of filing documents. The application number is assigned at filing. At filing the application is necessary to specify actual use or intent to use. Priority can be claimed.

There is no official Examiner currently.

Registration

Granted the registration there are not maintenance fees due to keep the registration alive. The first renewal due is 10 years on the anniversary date of the application.

Cancellation

After 3 consecutive years from the last use, the registration can be cancelled for non-use. This action of cancellation can be interposed only by a third party in Court.

Nullity

Likewise, a registration can be subject of a nullity action that may be raised by any interested party. The nullity proceedings at the request of part begin with a claim that must be filed with the High Court and served on the registered owner of the trade mark. It then proceeds like any other High Court Claim. Such action is lodged on the ground that prior to the filing of the claim, the mark had after its registration not been used by the registered owner or any licensee during a continuous period of not less than 3 years, or that the mark was improperly registered.

This action is interposed before the High Court, while the appeal is presented before the Court of Appeal. The law applicable is the Marks Collective Marks and Trade Names Act. The time frame to obtain a decision is at least 12 months.

Assignments and renewals

In order to record an assignment, it is required a notarized Power of Attorney and Certified copy of Assignment document. In the case of renewals of trademark registrations, it is required a notarized Power of Attorney; in both cases the time frame to obtain such certificates is within 3 to 6 months.