Trademark Registration

Proceeding of Trademark Registration

The application is filed at the trademarks registry in St. John's, Antigua. Multi-class applications are possible.

A signed Authorisation of Agent form is needed. Tthe proprietor’s seal needs to be applied, if available, and the form must be notarized. No witnessing or legalization of this form is needed. The Declaration of use form needs to be signed before a Notary, with no additional formality.

All applications are examined and subject to absolute and relative grounds of refusal.

Prior use in Antigua & Barbuda is unnecessary provided the applicant asserts, on its Declaration filed at the time of application, an intent to use the mark in Antigua & Barbuda.

After formal examination and acceptance, the mark is published for opposition.

The processing time from first filing to registration is typically 3 to 4 years and perhaps or longer.

Please also note that the following documents are required for the filing of an application for registration of a trade mark in Antigua and Barbuda:-

(a)    Authorisation of Agent – Form 2

(b)    Application for Registration of Mark – Form 1

(c)    Declaration of Intent to Use

(d)    Six copies of trade mark (if design mark)

Please feel free to contact us if you should have any further queries.

Design Registration

Is meant by industrial design (either 3D model or 2D drawing) all formal innovation referring to features of appearance of the product or its ornamentation. I.e, any object that could serve as a pattern for the manufacture of a product and that can be described by its structure, configuration, ornamentation or representation.

Industrial designs make a product attractive for the consumer, and its protection:

Increases performance of invested capital
Promotes economic development
Promotes creativity and contributes to the expansion of commercial activity.
Usually, an industrial design must be “new”, meaning by the concept of novelty a design which is not similar nor identical to anyone else existing.

The process for design registration:
Filing of the application.
Formal and substantial examination.
Publication in the official Journal
Period for the filing of oppositions.
Granting or denial
Generally, once granted, the protection is valid for a period of 5 years, renewable for periods up to 15 years in most cases.

Patent Registration

THE PATENTS ACT, 2012

No. 8 of 2012
[Published in the Official Gazette Vol. XXXIII No. 2
dated 10th January, 2013]

5. Patentable inventions
6. Novelty
7. Inventive step
8. Industrial application
9. Matters excluded from patent protection.

A patent is a grant of a property right given by the Government to an inventor to exclude others from making, using, offering for sale, or selling the invention in a country or importing the invention into a country for a limited period of time.

To be patentable, an invention must be new, nonobvious, inventive and industrially applicable.

Not patentable are:

a. Discoveries as well as laws of nature and mathematical methods;
b. Aesthetic designs;
c. Systems, rules and methods for the performance of mental labor, games or management as well as computer programs and
d. Presentation of data and abstract ideas.

An invention can also be an improvement on existing items or methods. Patents may be granted for example for a product (machine, article of manufacture), process, or any new and useful improvement thereof.

Once a patent is obtained, an invention can not be used, manufactured, duplicated or sold without the inventor’s authorization. Patent rights can be enforced in court against third party infringers who practice the invention without permission of the inventor or title bearer.

Procedure of registration of a patent:

a. Application
b. Formal Exam (2 Months term to rectify)
c.  Report
d. Publication
e. Substantive Examination
f. Granting of the patent