English

Turks & Caicos

Searches

The search will confirm the marks registered in this jurisdiction. The search will be carried out in all classes. Device marks can be searched. The approximate time frame to receive results is one week.

Application

Trademark filing applications require a Power of Attorney, the application form and copies of the mark need to be submitted. A number is assigned upon acceptance of the application by the Trademarks Registry. At filing the application is not necessary to specify actual use or intent use of the mark. There is a priority of right for any mark that has been registered in the UK or a Convention Country to which the TCI is a party no later than twelve months prior to the submission of the application in the TCI.

The Registrar carries out a search of the Trademarks Register to determine if there are any registered marks or pending applications for the same goods or services or marks that are identical with the mark in the application.  The Registrar also ensures that the following marks are not registered:

  • Signs that do not satisfy the requirements of the definition of a trademark.
  • Trademarks that are devoid of any distinctive character.
  • Trademarks that consist exclusively of signs or indications which may serve to designate the kind, quality, quantity, intended purpose, value, geographical origin, the time or production of goods or rendering of services or other characteristics of goods or services.
  • Trademarks that consist exclusively of signs or indications that have become customary in the current language or in bona fide and established practices of the trade.
  • Trademarks that consist of or contain specially protected emblems.

Concerning the objections raised against the registration of a mark, the applicant will have two months from the refusal to apply for a hearing or respond in writing to the objections.

The publication of the application in the local Gazette newspaper takes place following the examination by the Registrar and acceptance by the Registrar of the application. There is a one-month period from the date of publication during which oppositions can be submitted. Once no opposition is submitted during the one-month period following publication, the mark shall be registered.

 

Registration

Granted the registration, maintenance fees per year are to be lodged every January following registration of the mark. The fees can be paid yearly or in lump sums. The first renewal due is 10 years from the registration date.

Cancellation

A registration cannot be cancelled for non-use upon proof of non-use during a five-year period. This action of cancellation can only be lodged by a third party or ex officio.

Nullity

Nullity actions can take place if the mark is identical or similar to an earlier trade mark. Any person can commence this action and the action may be made to the Registrar or the Supreme Court.  The timeframe is dependent on the actual proceedings.

Assignments

In order to record an assignment, it is required the application forms for assignment, the Power of Attorney form for the assignor and assignee and the deed of assignment. The time frame to receive the assignment certificate is within two weeks.

Renewals

In the case of renewals of trademark registrations it is required the application form for renewal and the Power of Attorney form. The time frame to obtain the renewal certificate is approximately one or two weeks.