Положение 1984 года «О товарных знаках», Барбадос

Address

1. When ally person is by the Act or these regulations required Complete to furnish the Director with an address, the address given must be address. as complete as possible; and the Director may require the address to include the name of the street and the number or name of the premises having that address.
2. (1) Where an applicant, opponent or agent, or a registered compul-owner or licensee of a mark does not reside or carry on business in ;~~‘~~s Barbados, he shall be required by the Director to give an address ’ for service in Barbados.

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CAP. 319 Trade Marks Regulations, 1984 _{L.R.O. 1989 A 4} regs. 11-15

v01ulltaly

MidlESS

for service.

Form.

No address for service.

nications.

Power of agent

(2) An address for service given pursuant to subsection (1) may be treated as the actual address of the applicant, opponent, agent, owner or licensee, as the case requires, for all purposes connected with any matter in question.

1. A registered owner or licensee of a mark, or any person about to be registered or recorded as a registered owner or licensee of a mark, may, if he so desires, give on the appropriate form an address for service to be entered in the register, and that address may be entered in the register by the Director.
2. All applications in Form No. 1 for an address for service must be signed by the applicant, or by an agent expressly authorised for the purpose by the applicant.
3. When no address for service is entered in the register for a registered owner or licensee of a mark, the Director may treat the trade or business address of the registered owner or licensee as recorded in the register as the address for service of that owner or licensee for all purposes connected with the registration of the mark.
4. A written communication to a person or party mentioned in the Act or these regulations and addressed to an address given by him to the Director or treated by the Director as that person’s or party’s address for service shah be deemed to be properly addressed to that person or party.

Agency

15. (1) Except as otherwise required by these regulations,

(a)

any application, request or notice that is required or permitted by the Act or these regulations to be made or given to the Director, and

(b)

all other communications

(i)

between an appkant or a person making such a request or giving such a notice and the Director or any other person, or

(ii)

between a registered owner or a licensee of a mark

and the Director or any other person, may be made, signed or given through an agent.

A 5 L.R.O. 1989 Trade Marks Regulations, 1984 CAP. 319 reg. 16

(2)

Any person referred to in subsection (1) other than the
Director may, by signing and sending to the Director an authority
in Form No. 2, appoint an agent to act for that person in any
proceedings or matter before or affecting the Director under the
Act or these regulations.

(3)

Where an agent has been appointed pursuant to this
regulation,

(a)

service upon the agent of any document ‘relating to the
proceedings or matter for which the agent has been
appointed is service upon the person who appointed him;

(b)

all communications that relate to any proceedings or
matter referred to in paragraph (a) that are directed to be
made to any applicant, person making a request or giving a
notice, or to any registered owner or licensee, may be
addressed to his agent; and

(c)

all attendances upon the Director relating to any
proceedings or matter referred to in paragraph (a) may be
made by or through the agent.

(4)

The Director may, in a particular case, require the personal signature or presence of an applicant, opponent, registered owner or licensee or other person notwithstanding that an agent has been appointed for the applicant, opponent, registered owner, licensee or other person.

Non-Registrable Marks

16. (1) Subject to subsection (3), the Director shall refuse to ~utyto accept any application for the registration of a mark upon which refuse. any of the following appear:

(a)

the words “standard”, “patent”, “patented”, “registered”,
“industrial design” or “copyright”;

(b)

the Royal Arms, Royal Crest or Royal Standard

(c)

the arms or crest of any member of the Royal Family;

(d)

the standard, arms or crest of His Excellency, the
Governor General;

(e)

any word or symbol likely to lead to the belief that the
goods or services in the application have received or are
produced, sold or performed under royal, vice-regal or
governmental patronage or authority;

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CAP. 319 Trade Marks Regulations, 1984 L.R.O. 1989 A 6 regs. 17-18

the arms, crest or flag adopted and used at any time by

Barbados;
the words “Red Cross” or “Geneva Cross” or

representation of the Geneva Cross in red on a white

ground or the Swiss Federal Cross in white or silver on a

red ground as protected by the Geneva Convention of
1949;

(h)the heraldic emblem of the red Crescent on a white ground -. as protected by the Geneva Convention of 1949;

0) the Red Lion and Sun used by Iran and protected by the Geneva Convention of 1949;

(8 the name or representation of any person;

(k)any marks referred to in paragraph (g) or (h) of section 9

(1) of the Act and not included within paragraphs (a) to (j) of this regulation.

(1)the emblem to be used or being used as a symbol for official cooperation between the Nordic countries.

(2)

The Director shah give notice in the OfJiciaZ Gazette of all marks the registration of which is prohibited pursuant to paragraph (k) of subsection (1) of this regulation.

(3) Except a mark referred to in paragraph (a) of subsection

(1)

of this regulation, the Director may register a mark otherwise prohibited for registration under this regulation, if consent to the registration is given by or on behalf of Her Majesty or such other person, society, authority or organisation as is protected against unauthorised registration by the Act or this regulation.

Description of Goods or Services

Specified 17. Where the name or description of any goods or services

^{goods or} appears on a mark, the Director may refuse to register the mark in services.

respect of any goods or services other than the goods or services so named or described.

Permined 18. Where the name or description of a mark for goods or variations.

services appears on a mark and the name of the goods or services will vary when the mark is used, the Director may, if the application for registration of the mark states that the name or description of goods or services will vary when the mark is used

A 7 L.R.O. 1989 Trade Marks Regulations, 1984 CAP. 319 regs. 19-2 1

upon goods or services other than the goods or services appearing in the mark, permit the registration of the mark for the goods or services appearing on the mark and the other goods and services.

Application for Registration

1. An application for the registration of a mark in respect of FOIIIIfor any goods or services must be made to the Director in Form No. 3. a@atic=
2. (1) An application for registration of a mark must contain ~pplica-a representation of the mark in the space provided in the form for ~~Us~m-that purpose.

(2)

The additional representations of the mark required by section 10 (2) (a) of the Act may be in black and white and colour coded if necessary but they must be suitable for reproduction.

(3)

When the size of a representation of a mark exceeds the space provided for it in the application form, the representation must be mounted on such strong paper or other material as the Director considers suitable, and part of the representation must be affixed to the application in the space provided for the representation and the rest of the representation folded.

(4)

If for any reason the Director is dissatisfied with the representation of a mark in an application, the Director may, before proceeding with the application, require that another representation be substituted that is satisfactory to him.

21. (1) When a mark applied for contains letters or words in foreign characters other than Roman, then, unless the Director otherwise ;~z md directs, a sufficient transliteration or translation of the letters or . words satisfactory to the Director must be endorsed on the application form; and the endorsement must indicate the language to which the words or letters belong and be signed by the applicant or his agent.

(2) When a mark applied for contains a word in a language other than English, a translation of the word satisfactory to the Director must be endorsed on the application form; and the endorsement must indicate the language to which the word belongs and be signed by the applicant or his agent.

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CAP. 319 Trade Marks Regulations, 1984 L.R.O. 1989 A 8 regs. 22-25

Priority limitation.

Name

or

address

Change.

Transfer

of appli-

cation.

Search of register.

22. (1) An applicant for the registration of a mark who is under section 12 of the Act availing himself of the priority of an earlier application in a country that is a member of the Paris Convention must submit his application to the Director within 6 months of the making of the earlier application.

(2) If the copy ofthe earlier application that is to be submitted under section 12 of the Act within 90 days from the date of the application to the Director is not in English, it must be accompanied with a translation satisfactory to the Director and duly endorsed by the applicant or his agent.

23. (1) A change of name or change of address of an applicant or a change of his address for service must be notified to the Director by a submission from the applicant in Form No. 4, together with the prescribed fee, but in the case of a change of name evidence satisfactory to the Director must accompany the submission.

(2) The Director shall recognise the change of address, or change of address for service, of an applicant; and when the Director is satisfied by the evidence submitted to him, he shall recognise the change of name of an applicant.

24. A transfer of an application for the registration of a mark may be recognised by the Director on the submission to him of an application in Form No. 5 by the transferee of the application, together with the prescribed fee and evidence satisfactory to the Director that the mark has been transferred to the transferee of the application; and if the Director is satisfied that the application for

registration of the mark has been transferred to the transferee, he shall treat the transferee as the applicant thereafter.

Procedure on receiving application for registration

25. (1) On receipt of an application for the registration of a mark, the Director shall have a search made of the registered marks and pending applications of record in the office to ascertain whether there is recorded therein, in respect of the same goods or services or description of goods or services, any mark identical with the mark applied for or so nearly resembling it that it would likely mislead the public.

A 9 L.R.O. 1989 Trade Marks Regulations, 1984 CAP. 319 regs. 26-28

(2) At any time before the acceptance of an application, the Director may renew a search made under subsection (1) in respect of the application, but the Director is not bound to do so.

26. (1) After a search of his records pursuant to section 25 Result of and a consideration of the application, the Director may accept the f;F-application absolutely, object to the registration of the application . or require the applicant to furnish evidence of use or of distinctiveness or of any other matter.

(2) If, after an examination of any evidence furnished pursuant to subsection (l), the Director is not satisfied that the mark ought to be registered, he may either object to the registration of the application or express a willingness to accept the application subject to such conditions, amendments, disclaimers, modifica-tions, or limitations of the application as the Director may impose.

27. (1) When the Director objects to the registration of an hnse-application, the Director shall in writing inform the applicant of qum=of

objection.

his objection to the registration.

(2) When, after the Director objects to the registration of an application, the applicant does not, within 60 days of his receipt of the objection, deliver or send to the Director a written reply to the objections, the applicant shall be deemed to have withdrawn his application.

28. (1) When the Director is willing to accept an application conditional for registration if it is subjected to any condition, amendment, acceptan= disclaimer, modification or limitation, the Director may in writing communicate this circumstance to the applicant; and if the applicant does not object to the condition, amendment, disclaimer, modification or limitation, he shall, within 30 days after receipt of the communication, so inform the Director and alter his application accordingly.

(2) If an applicant described in subsection (1) fails to notify the Director as required by that subsection and does not object under section 29 within the time provided therefor, he shall be deemed to have withdrawn his application.

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Primed by the Govarmatt Printing Dcptmaot, Bay She&, St Michd.
by tk aahmity of the Govaummt of Barbda

,

CAP. 319 Trade Marks Regulations, 1984 L.R.O. 1989 A 10 regs. 29-3 1

objwtion tOCUt-

d&ion, etc.

Jlisclaimer.

Examha-

tion of collective mark.

29. (1) When an applicant objects to a condition, amendment, disclaimer, modification or limitation imposed by the Director pursuant to section 28, the applicant shall, within 60 days from the receipt of the communication to him of the condition, amendment, disclaimer, modification or limitation, notify the Director in writing of his objection and the reasons therefor.

(2) After considering a notification under subsection (1) by an applicant, the Director shall make a determination in the matter; and if the applicant does not appeal the determination under section 47 of the Act within the time prescribed by that section, the applicant shall be deemed to have withdrawn his application.

1. At any time before a mark for which registration has been applied is recorded in the register, the Director may require the applicant to insert in his application a disclaimer of any matter
2. (1) When an application is made for the registration of a collective mark, the Director shall, in addition to the other examinations of the application that is required to be made by the Act and these regulations, examine the application and accom-panying agreement to ensure that it complies with subsections (4) and (5) of section 10 of the Act.

that is not independently				capable		of being registered			so that if the
mark	is registered		the	public	will		understand	the	extent	of	the
applicant’s		rights after registration.
				Collective Marks

(2) The agreement accompanying the application must be examined to ensure that

(a)

the common characteristics or common quality of the goods or services to which the collective mark is to be applied is set out in sufficient detail to identify the common characteristics or quality;

(b)

the agreement contains the conditions and restrictions under which the collective mark can be used;

(c)

the agreement states that the owner of the collective mark can receive samples of any goods, or inspect the delivery of any of the services, associated with the collective mark, or inspect, during normal business hours, the place of manufacture of the goods or the place where the services

A11 Trade Marks Regulations, 1984 CAP. 319

reg.31A

are performed, to ensure that the common characteristics or
common quality is being maintained; and

(d) the agreement contains some means by which the owner of the
collective mark can prevent its use if anyone uses it in contravention of the conditions governing its use.

Certification Marks

31A. (1) When an application is made for the registration of Certifica

tion marks.

a certification mark, the Director shall, in addition to the other

2006-2.

examinations of the application that are required to be made by this Act and the regulations, examine the application and accompanying rules governing the use of the mark to ensure that it complies with subsections (6) and (7) of section 10 of the Act.

(2)

The rules accompanying the application must be examined to ensure that

(a)

origin, material, mode of manufacture, quality, accuracy or other
common characteristics of the goods or services to which the
certification mark is to be applied are set out in sufficient detail to
identify the said common characteristics;

(b)

they contain the conditions and restrictions governing the use of the
mark;

(c)

they state that the owner of the certification mark can

(i)

receive samples of any goods or inspect the delivery of any of the services associated with the certification mark; or

(ii)

inspect during normal business hours, the place of manufacture of the goods or the place where the services are performed,

to ensure that the common characteristics or common quality is being maintained; and

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CAP. 319 Trade Marks Regulations, 1984 A12 regs.32-34

(d) they contain some means by which the owner of the certification mark can prevent its use in contravention of the conditions governing its use.

Opposition to registration

Required 32. (1) When a person who opposes an application for the

opposition

registration of a mark wishes to exercise his right under section 17 of the

form.

Act to oppose the application, he may so inform the Director by submitting a notice of opposition in Form No. 6, together with the prescribed fee.

(2) If one of the reasons for the opponent’s objection to the registration of the mark is that it resembles a mark already on the register, the number and registration date of that mark must be specified in the notice of opposition.

Answer to 33. The applicant’s answer to a notice of opposition under section 32

opposition.

must be submitted in Form No. 7, together with the prescribed fee, and the answer must indicate the grounds on which the applicant relies and any facts alleged in the notice of opposition that the applicant admits.

Interruption in proceedings

Non-34. (1) When it appears to the Director that an applicant is not

completion

proceeding with his application at the normal pace of such proceedings, the

of applica

tion. Director may give notice to the applicant in Form No. 8 to continue more expeditiously with the application.

(2)

Where an applicant referred to in subsection (1) has appointed an agent, the Director shall send the notice to the agent.

(3)

If, after the expiration of 30 days from the date when a notice under subsection (1) has been sent in respect of an application or after the expiration of such other period as the Director may allow, the applicant fails to communicate with the Director concerning the application, the applicant shall be deemed to have withdrawn his application.

A13 Trade Marks Regulations, 1984 CAP. 319 regs.35-39

Entry in Register

1. When an applicant for the registration of a mark becomes entitled Registration under section 19 of the Act to have the mark registered, the Director shall, on receipt of the prescribed fee and a completed Form No. 9, record the mark in the register.
2. When an applicant for the registration of a mark dies before he Death of

applicant.

becomes entitled under section 19 of the Act to have the mark registered, the Director may, on being satisfied

(a)

of the death of the applicant, and

(b)

of the ownership of the mark by another person,

enter in the register, in place of the name of the deceased applicant, the name, address and trade or business description of the person owning the mark.

37. Following the registration of a mark, the Director shall issue to the Certificate

of registra

applicant a certificate in Form No. 10 and affix to the certificate a copy of the mark. ^tion

38. The Director shall, in accordance with section 23 (1) of the Act, Publication

of marks.

publish at least once every 3 years a notice of all marks that have been recorded in the register since the last publication of marks.

39. (1) At any time not being more than 12 months before the expira-Renewal

require

tion of the registration of a mark, the registered owner of the mark or a

ments.

duly recorded licensee of the mark may file an application in Form No. 11, together with the prescribed fee, for renewal of the registration of the mark.

(2)

An application mentioned in subsection (1) must contain the following statement:

(a)

that the mark has been used

(i) by the registered owner in respect of all of the goods or services in the registration, or

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CAP. 319 Trade Marks Regulations, 1984 A14

reg.40

(ii) by a named licensee in respect of all of the goods or services that are in the registration and for which the licensee is entered;

(b) that the mark has been used

(i)

by the registered owner in respect of some of the goods or services in the registration, specifying the goods or services so used, or

(ii)

by a named licensee in respect of some of the goods or services that are in the registration and for which the licensee is entered, specifying the goods or services so used,

and stating the reasons that, being beyond the control of the owner or licensee, as the case requires, would excuse the non-use in respect of the remaining goods or services in the registration; or

(c) that the mark has not been used by the registered owner or a named licensee in respect of any of the goods or services in the registration, and stating the reasons that, being beyond the control of the owner or licensee, as the case requires, would excuse the non-use of those goods or services.

(3) When an application for renewal is made by a registered licensee, he must complete Form No. 11 as if he were the registered owner, make the required statements, as appropriate, in respect of his use of the mark and in respect of the use of the mark by a registered sub-licensee.

Late 40. If an application for renewal of the registration of a mark is

renewal.

sub-mitted to the Director within 6 months from the date of expiration of the registration, the registered owner or registered licensee of the mark must complete Form No. 11 and Form No. 12 and submit them both to the Director, together with the prescribed fee.

A15 Trade Marks Regulations, 1984 CAP. 319 regs.41-42

41. (1) In considering an application to renew the registration of a Renewing

registration.

mark, the Director shall take the following action in the circumstances described, namely:

(a)

renew the registration of the mark without amendment if the
registered owner or registered licensee has stated that the mark
has been used on all of the goods or services in the registration or
has been used on some of the goods or services in the registration
and the reasons given for the non-use in respect of the remaining
goods or services are sufficient to explain the non-use;

(b)

renew the registration in respect of those goods or services in the
registration for which the registered owner or registered licensee
has stated that the mark is in use or for which reasons were given to
excuse the non-use, and remove from the registration the remaining
goods or services in respect of which the registered owner or
registered licensee has stated that the mark is not in use and the
reasons given for the non-use are not sufficient to excuse the
non-use; or

(c)

refuse to renew the registration if the registered owner or
registered licensee has stated that the mark has not been used in
respect of any of the goods or services in the registration and no
reasons are given for the non-use or the reasons given for the non-
use are not sufficient to excuse the non-use.

(2)

After taking such action as is indicated by subsection (l), the Director shall make the appropriate entries in the register and advise the applicant in writing of the action taken.

Licence-Contracts

42. (1) A licence-contract may be recorded in the register on the Licence-

contracts.

submission of an application in Form No. 13, together with the prescribed fee and a copy of the licence-contract.

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CAP. 319 Trade Marks Regulations, 1984 A16 regs.43-45

(2)

Upon receipt of the application, the fee and a copy of the licence-contract, the Director shall examine the licence-contract to determine whether it complies with the requirements of the Act; and if it does the Director shall record in the register the particulars of the licence-contract as set out in the application, and advise the applicant in writing of the action taken.

(3)

If, after his examination of an application pursuant to subsection (2), the Director determines that the licence-contract does not comply with the requirements of the Act, the Director shall refuse to record the licence-contract in the register and advise the applicant in writing of his refusal to record it.

Removing 43. A person who wishes to cancel a licence-contract pursuant to ^from section 30(4) of the Act must apply for cancellation in Form No. 14, pay

record.

the prescribed fee and submit with his application when necessary, evidence satisfactory to the Director that the licence-contract has terminated; and the Director shall thereupon cancel the record in the register and advise the applicant in writing of the cancellation.

Transfer. 44. When a licence-contract that authorises the licensee to transfer the contract has been transferred, the transfer may be recorded in the register upon the submission of an application in Form No. 15, together with the prescribed fee and evidence satisfactory to the Director that the licence-contract has been transferred; and if the Director is satisfied of the transfer he shall record it in the register.

Sub-licence. 45. (1) When, pursuant to a licence-contract that authorises the licensee to grant a sub-licence, the licensee grants such a sub-licence, the sub-licence may be recorded in the register upon the submission of an application in Form No. 16, together with the prescribed fee and a copy of the sub-licence-contract.

(2) Upon receipt of an application in accordance with subsection (l), the Director shall examine the sub-licence-contract to ensure that it complies with the requirements of the Act.

A17 Trade Marks Regulations, 1984 CAP. 319 regs.46-49

(3)

If the Director is satisfied that the sub-licence complies with the Act, the Director shall record in the register the particulars of the sub-licence as set out in the application and advise the applicant in writing of the action taken.

(4)

If a sub-licence does not comply with the requirements of the Act, the Director shall refuse to record it in the register and shall advise the applicant in writing of his refusal and the reasons therefor.

Change in register

46. When a registered owner or licensee of a mark wishes to Recording

address

record a change of address or other change, not being a change

change.

referred to in section 47, he shall submit an application therefor in Form No. 17 together with the prescribed fee.

47. When a registered owner or licensee of a mark wishes to Recording

name

record a change of name in the register, he shall submit an application

change.

to change his name in Form No. 17 together with the prescribed fee and evidence satisfactory to the Director of the change of name.

48. Upon compliance with the requirements of section 46 or 47, as the Notice of

change.

case requires, the Director shall record the change in the register and advise the applicant in writing of the action taken.

49. (1) When a registered owner of a collective or certification mark Change of

conditions.

wishes to change the conditions governing the use of the collective or

2006-2.

certification mark he shall submit an application in Form No. 18 together with the prescribed fee and a copy of the agreement or in the case of a certification mark, the rules, in which the changed conditions are set out.

(2) The Director shall examine the agreement or the rules and the changed conditions mentioned in paragraph (1) and if he is satisfied that they comply with the Act and the regulations he shall cause a notice of the application to be published in the Official Gazette.

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CAP. 319 Trade Marks Regulations, 1984 A18 regs.50-51

(3)

The notice mentioned in paragraph (1) must

(a)

specify the registration number of the collective or certification mark;

(b)

indicate the goods and services in respect of which the collective or certification mark is registered;

(c)

set out the change in the conditions governing the use of the collective or certification mark; and

(d)

set out the name and address of the registered owner, and, if necessary, his address for service.

(4) The Director shall, upon recording a change in the conditions governing the use of a collective or certification mark, notify the registered owner of the mark.

Renunciation

Renouncing 50. (1) When a registered owner of a registered mark wishes to

^{registration.} renounce registration of a mark pursuant to section 37 of the Act, he must submit to the Director an application to renounce in Form No. 19, together with the prescribed fee.

(2) Subject to the rights of a registered licensee under subsections (5) and (6) of section 37 of the Act, the Director on receipt of a renunciation in accordance with this provision shall record the renunciation in the register for all or any part of the goods or services in the registration as set out in the application to renounce, and shall advise the applicant in writing of the action taken.

Transfer of Mark

Ordinary 51. A transfer of a trade mark or a service mark may be recorded^mark in the register on the submission by the transferee of an application in

transfer.

Form No. 20, together with the prescribed fee and evidence satisfactory to the Director of the transfer of the mark; and thereupon the Director shall advise the applicant in writing of the action taken.

A19 Trade Marks Regulations, 1984 CAP. 319 regs.52-55

52. (1) For the purpose of obtaining the approval of the Director to Collective

or certifica

the transfer of a collective or certification mark under section 29 of the Act,

tion mark

the transferror or transferee of the collective or certification mark must approval.submit to the Director an application in Form No. 21, together with 2006-2. the prescribed fee and evidence satisfactory to the Director that the transfer complies with the requirements of the Act.

(2) If the Director approves the transfer of a collective or certification mark, he shall notify the applicant in Form No. 22.

53. (1) For the purpose of recording a transfer of a collective or Recording

transfer of

certification mark, the transferee must submit to the Director an

collective

application in Form No. 23, together with the prescribed fee, the or certifica

tion mark.

Director's approval of the transfer and evidence satisfactory to the

2006-2.

Director that the collective or certification mark has been transferred to the applicant.

(2) If the Director is satisfied that the collective or certification mark has been transferred to the applicant, the Director shall record the transferee as the registered owner of the registration in accordance with the information contained in the application, and advise the applicant in writing of the action taken.

Time limits

1. Any correspondence with the Office that is due on any day on Filing time. which the Office is closed for business shall be accepted as properly filed if it is received on the next day that the Office is open for business.
2. If he is satisfied that mail to or from the Office was sent but never Replace

ment of

received, the Director may accept or send out replacing correspondence;

correspond-

and the effective date of the replacing correspondence is the date that the ence. Director determines should apply.

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CAP. 319 Trade Marks Regulations, 1984 A20 regs.56-61

Interrup-56. Where, by evidence satisfactory to the Director, a person proves

tions of

that he was unable to do any thing within the time prescribed therefor by the

mail.

Act or these Regulations because of an interruption in mail service in Barbados or elsewhere, the Director may, before or after the expiration of the time for doing that thing, extend the time to make allowances for the period of the interruption in mail service.

Fixing time 57. The Director may, in respect of an application or any other

limits.

matter arising in the administration of the Act, fix a period of time for the doing of any thing for which no time limit is otherwise fixed by the Act or these Regulations; and an application shall be deemed abandoned if, in respect of that application, the thing is not done within the time so fixed.

Changing 58. When, by an affidavit setting forth the relevant facts, the

time limits.

Director is satisfied that any time fixed by these Regulations for the doing of any thing should be extended in a particular case, the Director may, either before or after the expiration of the time, extend it for such period as he thinks suitable in the circumstances.

Clerical errors

Correcting 59. The Director may, by the issuance of his certificate, correct, in

errors.

respect of a registered mark, any error in the register that is of a clerical nature and that would not in his opinion make any change in the rights of the registered owner or registered licensee of the mark.

Issuing 60. Where no provision is made in the Act or these Regulations in

directions.

respect of any matter arising in the administration of the Act, the Director may give such directions in respect thereof as he considers necessary in the circumstances.

Director's 61. (1) The Director may give a certificate regarding any entry,

certificate.

matter or thing that he is authorised or required by the Act or these Regulations to make or do.

A21 Trade Marks Regulations, 1984 CAP. 319

reg.62

(2)

A person who can show an interest in the entry, matter or thing for which he requires a certificate may, by an application in Form No. 24, request such a certificate from the Director, and the applicant need not disclose his interest unless required to do so by the Director.

(3)

In a certificate issued under this provision the Director need not include a copy of any mark unless a suitable copy of that mark accompanies the application for the certificate.

62. The Director may acknowledge inquires made to the Office, Inquires of

Office.

but the Director need not furnish any applicant or other with information that would require a search of the public records of the Office, or to provide advice on matters concerning the interpretation of the Act or regulations, or concerning other questions of law.

SCHEDULE I

FEES

On application for address for service ... ... On application to register a mark ... ... For publication of notice of application ... ...

For registration of a mark ... ... ... ... On application to record a change of conditions governing the use of a collective or certification mark ... For a copy of any document ... ... ... ... ... ...

For recognising the transfer of an application for the registration of a mark ... ... ... ... ...

THE LAWS OF BARBADOS

(Section 3)

$

25.00

75.00 (according to advertisement rates)

75.00

50.00 2006-2. (cost according to agreement)

25.00

Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados

CAP. 319 Trade Marks Regulations, 1984 A22

On submitting a notice of opposition to an application

for registration of a mark ... ... ... ... ... ... 50.00

On submitting an answer to a notice of opposition ... ... 25.00

For renewal of registration of a mark under

section 27(3) of the Act ... ... ... ... ... ... 50.00 For renewal under section 27(4) of the Act of

registration of a mark ... ... ... ... ... ... ... 100.00 For recording a licence-contract ... ... ... ... ... 50.00 For cancellation of a licence-contract ... ... ... ... 50.00 For recording the transfer of a licence-contract ... ... 50.00 For recording a sub-licence ... ... ... ... ... ... 50.00 For recording a change in the register under

regulation 46 or 47 ... ... ... ... ... ... ... 50.00 On application for change to application for

registration of a mark ... ... ... ... ... ... ... 50.00

For renouncing registration ... ... ... ... ... ... 75.00

For transferring application or registration of

a trade mark or service mark ... ... ... ... ... 50.00

On application for approval of the transfer of

2006-2. a collective or certification mark ... ... ... ... ... 50.00

2006-2. For recording the transfer of a collective or certification mark 50.00

SCHEDULE II

TRADE MARKS ACT CAP. 319

(Section 12)

Form No.1

APPLICATION FOR AN ADDRESS FOR SERVICE

I/We¹.....................................................................................................................................
..............................................................................................................................................................
the registered owner(s)/licensee(s) of the² ...................................................... Mark(s)
registered under No.(s) ..................... hereby apply for an entry of the following
as my/our address for service in Barbados³ ..........................................................
...............................................................................................................................
...............................................................................................................................
...............................................................................................................................

A23 Trade Marks Regulations, 1984 CAP. 319

Dated this . . . . . . . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . .20. . . . . . .

⁴ . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Director Industrial Property Office BARBADOS

1. Name of registered owner(s) or registered licensee(s).
2. Insert Trade, Service, certification or Collective as appropriate. 2006-2.
3. State address.
4. Signature.

TRADE MARKS ACT CAP. 319

(Section 15(2))

FORM No. 2

FORM OF AUTHORISATION OF AGENT IN A MATTER OR PROCEEDING UNDER THE ACT

I/We¹ ..................................................................................................................... have appointed²............................................................of .......................................... to act as my/our agent for³ ......................................No...............................and request that all notices, requisitions and communications relating thereto be sent to the agent at the above address.

I/We hereby revoke all previous authorisations, if any, in respect of the same matter or proceeding.

I/We hereby declare that I am/We are⁴ ............................................................................

Dated this ......................................... day of .........................................20.............................

5

.................................................................................................................................................

Address⁶ ..................................................................................................................................

THE LAWS OF BARBADOS

Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados

CAP. 319 Trade Marks Regulations, 1984 A24

I/We also authorise the said² ........................................................................................ to request the entry of an address for service as part of any registration obtained under the above authorisation.

Dated this.............................................. day of ....................................20...................

5

..............................................................................................................................................

Address⁶ ...........................................................................................................................

To the Director Industrial Property Office BARBADOS

1. The full name of all the partners in a firm must be inserted, and the kind and country of incorporation of bodies corporate stated.
2. Here insert name and address of agent.
3. Here state the particular matter or proceeding for which the agent is appointed giving the reference number, if known.
4. Here state nationality.
5. To be signed by the person appointing the agent.
6. Here insert the full trade or business address of the person appointing the agent. (To be struck out if the person appointing the Agent desires his own address to be treated as the address for service after registration).

TRADE MARKS ACT CAP. 319

(Section 19)

Form No. 3

APPLICATION FOR REGISTRATION OF A MARK

1

2

Application is hereby made for Registration of the above Mark in respect of ³ ___________________________________ in the name of ⁴

A24A L.R.O. 2007 Trade Marks Regulations, 1984 CAP. 319

whose trade or business address is⁵.................................................................................. trading as⁶ ................................................................................................who claim(s) to be the proprietor(s) thereof.

7

..................................................................................................................................................

Dated the ......................................................day of .............................. 20......................

8

.................................................................................................................................................

⁹The applicant claims priority under section 12 of the Act on the basis of an application filed on ¹⁰ under number¹¹ in¹² by¹³ and the applicant undertakes to furnish the Director with a certified copy of this application within ninety days from the date of this application.

¹⁴The applicant claims temporary protection under section 13 of the Act by reason of having first exhibited the goods or services claimed herein bearing or under the above mark at an exhibition recognised by the Minister to be a national or international exhibition. The date the goods or services were first exhibited was:¹⁵.....................................................

To The Director Industrial Property Office BARBADOS

1. One representation to be fixed within this space.
1. Four representations should accompany the application.
2. 2A. The applicant must indicate whether the application is in respect of a trade mark, 2006-2. service mark, collective mark or certification mark.
2. Here specify the goods or services and give indication of classification under Nice Agreement.
3. Here insert legibly the full name, description, nationality and residence of whose trade or business address the individual, firm or body corporate making the application. The names of all partners in a firm must be given in full. If the applicant is a body corporate, the kind and country of incorporation should be stated.
4. Here insert the full trade or business address of the applicant.
5. Here insert the trading style (if any).
6. For additional matter if required; otherwise to be left blank, e.g. disclaimer.
7. Signature.
8. A claim to priority under section 12(1) should be made in this paragraph, (if applicable).

THE LAWS OF BARBADOS

Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados

CAP. 319 Trade Marks Regulations, 1984 L.R.O. 2007 A24B

1. Date of filing in another country of the Paris Convention.
2. Number of convention application.
3. Name of country of filing convention application.
4. Name of applicant in convention country.
5. A claim to temporary protection under section 13 should be made in this paragraph, (if applicable).
6. Insert date goods or services were first exhibited.

TRADE MARKS ACT CAP. 319

(Section 23 (1))

FORM No. 4

APPLICATION FOR CHANGE TOAPPLICATION FOR REGISTRATION OF A MARK

I/We¹ ...................................................................................................................................
...................................................................................................................................................
the owner of the² ............................................................................................ Mark claimed
in application No ....................................................................... hereby apply to have the
following change made to this application:³ .......................................................................
....................................................................................................................................................

Dated this ........................................day of ..................................... 20............................

4

.........................................................

The Director
Industrial property Office
BARBADOS

1. Name of present applicant.
2. Insert Trade, Service, Certification or Collective if appropriate.

3. State change in applicant's name, address or his address for service in Barbados. 2006-2. 4. Signature.

A24C L.R.O. 2007 Trade Marks Regulations, 1984 CAP. 319

TRADE MARKS ACT CAP. 319

(Section 24)

FORM No. 5

APPLICATION TO RECOGNISE TRANSFER OF APPLICATION
FOR REGISTRATION OF TRADE MARK
OR SERVICE MARK

I/We¹.....................................................................................................................................
............................................................................................................................. hereby

THE LAWS OF BARBADOS

Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados

A 33 L.R.O. 1989 Trade Marks Regulations, 1984 CAP. 319