A1 Geographical Indications CAP. 320 Regulations, 2001
regs.1-4
Geographical Indications Cap.320.
GEOGRAPHICAL INDICATIONS REGULATIONS, 2001 2001/132.
Authority: These Regulations were made on 22nd November, 2001 by the Minister under section 23 of the Geographical Indications Act.
Commencement: 7th January, 2002.
PART I
PRELIMINARY
1. These Regulations may be cited as the Geographical Citation. Indications Regulations, 2001.
2. In these Regulations, Interpretation.
"fee" means the fee specified in the Second Schedule; Second
Schedule.
"form" means the form set out in the First Schedule; First
Schedule.
"Official Gazette" includes such other publication as is approved by the Director for the purpose.
3. Applications shall be in the English language, and any Language of
documents
document forming part of an application or submitted to the Director
and
pursuant to the Act or these Regulations, and which is in a language translations.
other than English, shall be accompanied by an English translation
verified by the translator as being to the best of his knowledge
complete and faithful.
4. (1) A document purporting to be signed for or on behalf of a Signatures
by partner-
partnership shall contain the names of all the partners in full, and shall
ships,
be signed companies and associations.
(a) by all the parties, or by any partner qualified to sign stating
that he signs on behalf of the partnership; or
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CAP. 320 Geographical Indications A2 Regulations, 2001
regs.5-6
(b) by any other person who satisfies the Director that he is authorised to sign the document.
Representa-5. (1) The appointment of an attorney-at-law shall be made by an
tion by
authorisation of agent, which shall be signed by the applicant or, if
attorney-at
law. there are more than one, by each applicant.
(2) The authorisation of agent appointing an attorney-at-law may be filed together with the application or within 2 months from its filing date and, if the appointment is not so made or is not in accordance with section 8(2) of the Act and paragraph (1), any procedural steps taken by the agent, other than the filing of the application, shall be deemed not to have been taken.
PART II
REGISTRATION OF GEOGRAPHICAL INDICATIONS
Application 6. (1) The application for the registration of a geographicalfor indication shall be made in Form 1 and shall be signed by the
registration.
Form 1. applicant or an authorised agent.
(2) The application shall indicate the applicant's name, address, nationality and residence.
A3 Geographical Indications CAP. 320 Regulations, 2001
regs.7-9
7. (1) An application may be withdrawn by written declaration Withdrawal
of applica
submitted to the Director and signed by each applicant or an
tion.
authorised agent.
(2) The application fee shall not be refunded if the application is withdrawn.
8. (1) Upon receipt, the Director shall mark on each document Marking
application.
making up the application, the actual date of receipt and the application number consisting of the letters BB, slant, the letters GI, slant, the numbers of the year in which the initial papers were received, slant, and a number allotted in the sequential order in which applications are received and, where any corrections or other later filed documents are received on different dates, the Director shall also mark their actual date of receipt in the appropriate place of the request for registration of the geographical indication.
(2) The application number allotted under paragraph (1) shall be quoted in all subsequent communications concerning the application.
9. (1) Where upon examination in accordance with section 9 of Objection to
or condi
the Act the Director objects to the application for registration of a
tional
geographical indication, he shall notify the applicant in writing of his acceptance objections with all the relevant details, and invite the applicant to amend of applica
tion.
the application, to submit his observations in writing or to apply for a hearing within 2 months from the date of the notification; and, if the applicant does not comply with the invitation within the set period, he shall be deemed to have withdrawn his application.
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CAP. 320 Geographical Indications A4 Regulations, 2001
regs.10-11
Refusal of 10. (1) Where after a hearing or after consideration of the
application
applicant's amendments or observations in writing the Director refuses
or condi
tional the application or accepts it subject to any amendments, acceptance modifications, conditions or limitations to which the applicant objects,
to which
applicant he shall communicate his decision to the applicant in writing.
objects.
(2) The applicant may, within one month from the date of the communication referred to under paragraph (1) and upon payment of the prescribed fee, request the Director to state in writing the grounds of his decision and the material used by him in arriving thereat.
Acceptance 11. (1) Where the Director accepts the application uncondition
of applica
ally or accepts it subject to any conditions or limitations to which the
tion.
applicant does not object, he shall so notify the applicant, requesting him to pay the publication fee within one month from the date of the notification.
A5 Geographical Indications CAP. 320 Regulations, 2001
reg.12
12. (1) A notice of objection under section 10(1) of the Act shall Objection.
Form 2.
be given in Form 2 within 3 months of the date of the publication referred to in regulation 11(2), and shall be accompanied by the specified fee and any supporting evidence.
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CAP. 320 Geographical Indications A6 Regulations, 2001
reg.13
Registration 13. (1) Subject to the payment of the registration fee within the
of geo
period specified in regulation 12(5), the Director shall register the
graphical
indication. geographical indication in accordance with section 11(1) of the Act and this regulation.
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reg.14
14. (1) The publication referred to in section 14(2)(b) of theAct Cancellation
or rectifica
shall
tion of registration.
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CAP. 320 Geographical Indications A8 Regulations, 2001
regs.15-16
Publication. 15. Particulars of geographical indications and other proceedings under the Act and any other information required to be published under the Act or these Regulations shall be published, in accordance with the directions of the Director, in the Official Gazette.
PART III
SPECIAL PROVISIONS CONCERNING TRADE MARKS
Refusal or 16. (1) A request under section 20 of the Act to refuse or to
invalidation
invalidate the registration of a misleading trade mark shall be made in
of registra
tion of Form 4 and shall be subject to the payment of the specified fee; and misleading the procedure set out in regulation 12 shall apply mutatis mutandis.
marks. Form 4.
A9 Geographical Indications CAP. 320 Regulations, 2001
regs.17-18
17. (1) A request under section 21 of the Act to refuse or to Refusal or
invalidation
invalidate the registration of a trade mark which conflicts with a
of registra
geographical indication for wines and spirits shall be made in Form 5, tion of a and shall be subject to the payment of the specified fee; and the mark
conflicting
pro-cedure set out in regulation 12 shall apply mutatis mutandis.
with certain geographical
(2) Where the Director on his own initiative decides to refuse or indications.
Form 5.
invalidate the registration of a trade mark pursuant to section 21 of the Act, he shall in writing so notify the registered owner of the mark, stating the reasons for his decision and giving him at least one month to submit a counter-statement and to request a hearing.
18. (1) The Director shall record and publish a reference to the Publication
of invalida
invalidation of the registration of a trade mark pursuant to section 20
tion of
or 21 of the Act. registration of mark.
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CAP. 320 Geographical Indications A10 Regulations, 2001
reg.19
(2) The publication of the reference to the invalidation of the registration of the trade mark pursuant to section 20 or 21 of the Act shall include
PART IV
GENERAL
Address for 19. (1) There shall be furnished to the Director,
service.
and the address so furnished or, where another address being an address in Barbados has been furnished in place thereof, that address, shall be treated for the purposes of that application or those proceedings as the address of that applicant or of that person, as the case may be.
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regs.20-24
(2) Where an agent has been appointed in accordance with section 15 of the Act and regulation 5, the address of the agent shall, for all purposes connected with the Act and these Regulations, be treated as the address to which communications to the person who appointed the agent shall be transmitted.
20. Inspection of the Register shall be subject to payment of the Inspection
of Register.
specified fee, and requests for certified copies of extracts from the Register or for copies of documents shall be made to the Director in writing, and shall be subject to payment of the specified fee.
21. The Director shall cause to be entered in the Register in Entries of
charges in
respect of every geographical indication the information indicated in
the Register.
regulation 13(2), as well as any change with respect to that information, in particular, any change in the name, address or address for service indicated therein.
22. Corrections of errors referred to in section 15 of the Act Corrections
of error.
23. The request for an extension of time referred to in section 16 Extension of
time.
of the Act shall be subject to the payment of the specified fee.
24. (1) The Director shall, before exercising adversely in respect Hearing. of any person any discretionary power given to him by the Act or these Regulations, notify that person in writing of the opportunity to be heard thereon, and shall indicate a time limit of not less than one month for filing a request for a hearing.
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CAP. 320 Geographical Indications A12 Regulations, 2001
regs.25-28
Directions 25. At any stage of any proceedings before the Director, he may
as to
direct that such documents, information or evidence as he may
furnishing
of docu-require be furnished within such period of time as he may fix.
ments.
Dispensa-26. Where under these Regulations any person is required to do
tion by the
any act or thing or any document or evidence is required to be
Director.
produced or filed and it is shown to the satisfaction of the Director that from any reasonable cause that person is unable to do that act or thing or that that document or evidence cannot be produced or filed, the Director may, upon the production of such evidence and subject to such terms as he thinks fit, dispense with the doing of any such act or thing or the production or filing of such document or evidence.
Evidence. 27. (1) Evidence under these Regulations may be given by statutory declaration or affidavit.
(2) The Director may, if he thinks fit in any particular case, take oral evidence in lieu of or in addition to evidence referred to under paragraph (1), and shall allow any witness to be cross-examined on his affidavit or declaration.
Administra-28. Where no provision is made in the Act or these Regulations in tive respect of any matter arising in the administration of the Act, the
directions.
Director may give such directions in respect thereof as he considers necessary in the circumstances.
A13 Geographical Indications CAP. 320 Regulations, 2001
regs.29-31
29. The Director may acknowledge inquiries made to the Office, Inquiries at
the Office.
but need not furnish the applicant or any other person with information which would require a search of the public records of the Office, or provide advice on matters concerning the interpretation of the Act or these Regulations or any other question of law.
30. (1) Where any information required to be set out in a form Annexed
Schedule to
furnished by the Director is too lengthy to be set out in the space
forms.
provided, the person completing the form may, subject to paragraph (2), incorporate the information in the form by setting out in the space provided in the form the following sentence: "The annexed schedule is incorporated in this form", and by annexing the information to the form as that schedule.
(2) A separate schedule is required in respect of each item that is incorporated in a form by reference pursuant to paragraph (1).
31. The fees specified in the Second Schedule are payable in Fees.
Second
respect of the matters to which they relate.
Schedule.
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CAP. 320 Geographical Indications A14 Regulations, 2001
FIRST SCHEDULE
FORMS
FORM 1
(Regulations 2 and 6(1)) Application for Registration of Geographical Indication
*State capacity in accordance with section 8(1) of the Act.
**If the space is insufficient, the particulars should be set out in a separate document which should be identified as the "Annexed Schedule" in accordance with regulation 30.
A15 Geographical Indications CAP. 320 Regulations, 2001
Address for service in Barbados: |
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II. ATTORNEY-AT-LAWa The following (Attorney-at-law) has been appointed by the applicant in the Authorisation of Agent accompanying this Form to be filed within 2 months from the filing of the application for registration (Regulation 5(2)) Name: ................................................................................................. Address: ............................................................................................. Tel. No.: E-mail address (if any): Fax No.: |
III. GEOGRAPHICAL INDICATION The geographical indication for which registration is sought is the following: |
IV. GEOGRAPHICAL AREAb The following is the demarcation of the territory of the country, or region or locality in that territory, to which the geographical indication applies, and from which the goods for which the geographical indication is used originate: Additional information, possible in graphic form, maps, etc, accompanies this Form is contained in the Annexed Schedule which is incorporated in this Form. |
aWhere an Attorney-at-law has been appointed, the address of the Attorneyat-law shall be treated as the address to which any communication shall be transmitted (Regulation 19(2)).
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V. GOODSb The goods for which the geographical indication is used are the following: |
---|
VI. QUALITY, REPUTATION OR OTHER CHARACTERISTICSb The quality, reputation or other characteristics of the goods for which the geographical indication is used, and any conditions under which the indication may be used, are the following: Additional information is contained in the Annexed Schedule which is incorporated in this Form. Additional information accompanies this Form |
VII. FEES accompanying this Form |
bIf any of the boxes is not large enough to contain information to be furnished, the information should be set out in a separate document which should be identified as the "Annexed Schedule" in accordance with regulation 30.
A17 Geographical Indications CAP. 320 Regulations, 2001
VIII. | SIGNATURE(S) .............................(Applicant(s)/c) .............................. Date |
TO BE FILLED IN BY THE DIRECTOR Date of receipt of corrections and later filed papers completing the application: |
cType name(s) under signature(s). The typed names and signatures of all applicants should appear (one below the other).
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CAP. 320 Geographical Indications A18 Regulations, 2001
FORM 2
(Regulations 2 and 12(1)) Notice of Objection to Registration of Geographical Indication
BARBADOS
Geographical Indications Act
Cap. 320
NOTICE OF OBJECTION TO REGISTRATION
OF GEOGRAPHICAL INDICATION
I. IN THE MATTER OF: | For Official Use |
Application No. ..................... for Registration | |
of Geographical Indication | Notice of objection received on: |
Filing Date of Application: Published in the periodical of the ....... day of ........ 20........., No. ...................., page ............. | Fees received on: |
II. *OBJECTOR(S) |
Name(s): ............................................................................................................................... Address(es): .......................................................................................................................... ........................................................................................................................ *Additional information is contained in the Annexed Schedule which is incorporated in this Form. **Address for service in Barbados
* If the space is insufficient, the particulars should be set out in a separate document which should be identified as the "Annexed Schedule" in accordance with regulation 30.
**Where an Attorney-at-law has been appointed, the address of the Attorney-at-law shall be treated as the address to which communication shall be transmitted (Regulation 19(2)).
A19 Geographical Indications CAP. 320 Regulations, 2001
III. | GROUNDS OF OBJECTION: The Grounds of objection are as follows: Additional information is contained in the Annexed Schedule which is incorporated in this Form. Supporting evidence accompanies this Form |
IV. | ATTORNEY-AT-LAW The following Attorney-at-law has been appointed by the applicant in the Authorisation of Agent accompanying this Form Name: ................................................................................................. Address: ............................................................................................. .................................................................................................... Tel. No.: E-mail address (if any): Fax No.: |
V. | FEES accompanying this Form |
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CAP. 320 Geographical Indications A20 Regulations, 2001
FORM 3
(Regulations 2 and 13(4)) Certificate of Registration of Geographical Indication
BARBADOS
Geographical Indications Act
Cap. 320
CERTIFICATE OF REGISTRATION OF
GEOGRAPHICAL INDICATION
In accordance with section 11(1) of the Act and Regulation 13(4), it is hereby certified that a geographical indication having the Registration No. ................................ has been registered in the name(s) of:
Name(s): ...........................................................................................................
Address(es): .....................................................................................................
......................................................................................................
on .................... in respect of a geographical indication registered pursuant to an application
(date)
filed on: .............................................
(date)
being a geographical indication used for: .........................................................................
(goods)
and which applies to: ........................................................................................................
(geographical area)
A description of the quality, reputation or other characteristic of the goods for which the geographical indication is used and any conditions under which the indication may be used accompanies this certificate.
Date: .........................................................
...................................................................
Director
A21 Geographical Indications CAP. 320 Regulations, 2001
FORM 4
(Regulations 2 and 16(1)) Request to refuse or invalidate Registration of Misleading Mark
BARBADOS
Geographical Indications Act
Cap. 320
REQUEST TO REFUSE OR INVALIDATE
REGISTRATION OF MISLEADING MARK
I. IN THE MATTER OF: Application for Registration/Registration No.* of Mark:
For Official Use Filing/Registration*
Request received on:
Date:
Application/Registration* Published in the periodical
Fees received on: ...............................................................................................
(No.) (Page) (Date)
II. APPLICANT(S)a Name(s): .............................................................................................................................. Address(es): .........................................................................................................................
...............................................................................................................................
Additional information is contained in the Annexed Schedule
which is incorporated in this Form.
bAddress for service in Barbados:
*Delete whichever does not apply.
aIf there is more than one person or competent authority, together, requesting the refusal or invalidation of the registration of the trade mark, the data concerning each applicant must appear in this box or, if the space is not sufficient, the information should be set out in a separate document which should be identified as the "Annexed Schedule" in accordance with regulation 30.
bWhere an Attorney-at-law has been appointed, the address of the Attorney-at-law shall be treated as the address to which communication shall be transmitted (Regulation 19(2)).
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III. | GROUNDS FOR REQUESTc The grounds for request to refuse or to invalidate the registration of the above identified mark are as follows: Additional information is contained in the Annexed Schedule which is incorporated in this Form. Supporting evidence accompanies this Form |
IV. | ATTORNEY-AT-LAW The following Attorney-at-law has been appointed by the applicant in the Authorisation of Agent accompanying this Form Name: ..................................................................................................... Address: ................................................................................................. Tel. No.: E-mail Address (if any): Fax No.: |
V. | FEES accompanying this Form |
VI. | SIGNATURE(S) ...................... (Applicant(s)/Attorneyd).......................... Date |
cIf any of the boxes is not large enough to contain the information to be furnished, the information should be set out in a separate document which should be identified as the "Annexed Schedule" in accordance with regulation 30.
dType name(s) under signature and delete whichever does not apply. The typed names and signatures of all applicants should appear (one below the other).
A23 Geographical Indications CAP. 320 Regulations, 2001
FORM 5
(Regulations 2 and 17(1))
Request to refuse or invalidate Registration of a Mark conflicting with a Geographical Indication for Wines and Spirits
BARBADOS
Geographical Indications Act
Cap. 320
REQUEST TO REFUSE OR INVALIDATE REGISTRATION
OF A MARK CONFLICTING WITH
A GEOGRAPHICAL INDICATION FOR WINES AND SPIRITS
I. IN THE MATTER OF: For Official Use Application for Registration/Registration No.* of Mark:
Request received on:
Filing/Registration*
Date:
Fees received on: Application/Registration* Published in the periodical ......................................................................................
(No.) (Page) (Date)
II. APPLICANT(S)a Name(s): ........................................................................................................................... Address(es): ...................................................................................................................... ........................................................................................................................ Additional information is contained in the Annexed Schedule which is incorporated in this Form.
bAddress for service in Barbados:
*Delete whichever does not apply.
aIf there is more than one person or competent authority, together, requesting the refusal or invalidation of the registration of the trade mark, the data concerning each applicant must appear in this box or, if the space is not sufficient, the information should be set out in a separate document which should be identified as the "Annexed Schedule" in accordance with regulation 30.
bWhere an Attorney-at-law has been appointed, the address of the Attorney-at-law shall be treated as the address to which communication shall be transmitted (Regulation 19(2)).
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III. | GROUNDS FOR REQUESTc The grounds for request to refuse or to invalidate the registration of the above identified mark are as follows: Additional information is contained in the Annexed Schedule which is incorporated in this Form. Supporting evidence accompanies this Form |
IV. V. | ATTORNEY-AT-LAW The following Attorney-at-law has been appointed by the applicant in the Authorisation of Agent accompanying this Form Name: ....................................................................................................... Address: .................................................................................................... Tel. No.: E-mail Address (if any): Fax No.: FEES accompanying this Form |
VI. | SIGNATURE(S).................(Applicant(s)/Attorneyd)................................ (Date) |
cIf any of the boxes is not large enough to contain the information to be furnished, the information should be set out in a separate document which should be identified as the "Annexed Schedule" in accordance with regulation 30.
dType name(s) under signature and delete whichever does not apply. The typed names and signatures of all applicants should appear (one below the other).
A25 | Geographical Indications Regulations, 2001 | CAP. 320 |
SECOND SCHEDULE FEES | (Regulations 2 and 31) |
Matter or Proceeding | Fee $ | |
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. | Application for registration of geographical indication Request for hearing .. .. .. .. Request to the Director to state in writing, grounds of decision to refuse application or to accept it subject to conditions .. .. .. .. ..Publication fee .. .. .. .. Notice of objection to registration of geographical indication .. .. .. .. .. Counter-statement to notice of objection .. .. Registration fee .. .. .. .. Request to refuse or to invalidate the registration of a misleading trademark.. .. .. .. Hearing relating to request to refuse or to invalidate the registration of a misleading trademark .. .. Request to refuse or to invalidate the registration of a trademark which conflicts with a geographical indication for wines and spirits .. .. .. .. Hearing relating to request to refuse or to invalidate the registration of a trademark which conflicts with a geographical indication for wines and spirits .. Inspection of Register .. .. ..Request for certified copies of extracts from Register or for copies of documents (per page) .. .. Request for correction of error .. .. Request for extension of time .. .. .. | 500 00 100 00 50 00200 00 100 00 100 00 2 500 00 250 00 250 00 250 00 250 00 20 00 5 00 per printed page and 20 00 to certify 20 00 150 00 |
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