WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP /N/IIBRBIT II 
12 November 2001 
(01-5586) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BARBADOS 
The present document reproduces the texe of the Trade Marks Act (Cap. 319), as notified by 
Barbados under Article 63.2 of the Agreement (see document IP/N/IIBRB/2). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
BARBADE 
Le present document contient Ie textel de la Loi sur les marques -CAP. 319, notifiee par la 
Barbade au titre de l'artic1e 63:2 de l'Accord (voir Ie document IP/NIlIBRB/2). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
BARBADOS 
En el presente documento se reproduce el texto1 de la Ley de Marcas de Fabrica 0 de 
Comercio (capitulo 319), que Barbados notifico de conformidad con 10 dispuesto en el parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IP/NIl/BRB/2). 
I In English only'/En anglais seulement.lEn ingles solamente. IP/N/l/BRB/T/I 
Page 2 
CHAPTER 319 
TRADEMARKS 
ARRANGEMENT OF SECTIONS 
1. Short title. 
2. Defll1itions. 
3. Purpose. 
. 4. Trade, service and collective marks . 
5. Rights. 
6. Excepted uses. 
7. Local exception. 
8. Unregistrable marks: similarity. 
9. U nregistrable marks: inherent defects. 
10. Application. 
11. Priority. 
12. Priority claim. 
13. Temporary protection. 
14. Form examination. 
15. Substance examination. 
16. Publishing application. 
17. Opposition. 
18. Hearing. 
19. Registration. 
20. Register. 
21. Particulars (or registration. 
22. Certificate. 
23. Publication of marks. 
24. Inspection of register. 25. 
26. 
27. 
28. 
29. 
30. 
31. 
32. 
33. 
34. 
35. 
36. 
37. 
38. 
39. 
40. 
41. 
42. 
43. 
44. 
45.. 
46. 
47. 
48. 
49. 
50. 
51. 
52. 
53. 
54. Duration. 
Application for renewal. 
Renewal. 
Transfer of application or mark. 
Transfer of collective marks. 
LicenceooCon tracts. 
Joint owners. 
Quality control. 
Further licences. 
Licensee right. 
No transfer of licence. 
Royalties abroad. 
Renunciation. 
Owner's remedies. 
Licensee's remedies. 
Judicial aid. 
Registration removal. 
Court order. 
Invalidity. 
Invalid collective mark. 
Effect of invalidation. 
Copy of court decision. 
Appeals. 
Competitive offences. 
Infringement. 
Penalties. 
Limitation. 
Civil remedies. 
Communications. 
Reciprocity. IP/NIl/BRB/TI 1 
Page 3 IP IN/I /B RB/T /1 
Page 4 
55. Directions. 
56. Regulations. 
)7. Effect of former Act. 
58. Binding Crown. IPINIlIBRB/TII 
Page 5 
CHAPTER 319 
TRADEMARKS 
An Act to revise and reform the law governing signs used as trade 1981-56. 
marks, service marks or collective marks in connection with :;::---f. 
the mark~ting of goods or services. 
[1st January, 1985] 
Citation 
1. This Act may be cited as the Trade Marks Act. 
Interpretation 
2. In this Act, Commence­
ment. 
1984/i79. 
Shon title. 
Definitions. 
"Director" means the Registrar of Corporate Affairs and 1988-6. 
Intellectual Property Office; 
"Gazette" means the Official Gazette or such other publication as 
is prescribed for the purpose; 
''Industrial Property Office" means the Corporate Affairs and 1988-{). 
Industrial Property Office established under section 3 of the 
Corporate Affairs and Industrial Property Office Act; Cap.21A. 
"licensee" means the holder of a licence under a licence-contract; 
"licence-contract" means a licence-contract referred to in section 
30; 
"mark" refers to a trade mark, service mark and, except in sections 
28, 30, 31, 32, 33, 34, 35, 39 and 40, a sign used as a 
collective mark; 
"register" means the Register of Trade and Service Marks referred 
to in section 20; 
"transfer" extends to every mode (whether direct or indirect, 
voluntary or involuntary, absolute or conditional) of 
disposing of or parting with any right vested under this Act, 
or of any interest in any such right, including retention of title 
to the right or interest as security for any obligation. IP/NI 1 IBRB/TI 1 
Page 6 
Purpose. 3. The purpose of this Act is to proteCt trade marks, selVice 
marks and collective marks registered under this Act so that the. 
law of Barbados will accord with its obligations 
Trade, ser­
vice and 
collective 
marks. (a) under the Nice. Agreement concerning the International 
Classification of Goods and SelVices for the purposes of 
the Registration of Marks, dated June 15, 1957, as revised 
from time to time, in this Act called the "Nice 
Agreement"; and 
(b) under the Paris Convention for the Protection of Industrial 
Property dated March 20, 1883, as revised from time to 
time, in the Act called the "Paris Convention". 
4. (1) A trade mark is a visible sign used or to be used, upon, 
with or in relation to any goods for the purpose of distinguishing, 
in the course of trade or business, the goods of one person from 
those of another person. 
(2) A service mark is a visible sign used or to be used in 
connection with or in relation to, any services for the purpose of 
distinguishing, in the course of business, the services provided by 
one person from those provided by another person. 
(3) A collective mark is a visible sign used or to be used, in 
the course of trade or business, by a group of business enterprises 
for the common benefit under an agreement in writing that 
provides for the specific conditions govenling the use of the sign. 
(4) Without limiting the generality of subsections (1) to (3), 
but subject to sections 8 and 9, marks can consist of arbitrary or 
fanciful designations, names, pseudonyms, geographical names, 
slogans, devices, reliefs, letters, numbers, labels, envelopes, 
emblems, prints, stamps, seals, vignettes, borders and edgings, 
combinations or arrangements of colours and shapes of goods or 
containers. 
Protection of Marks 
5. (1) The registration of a mark vests in the registered owner Rights. 
of the mark the exclusive right to prevent any other person 
(a) from using the mark or any sign so nearly resembling the 
mark as to be likely to mislead the public 
(i) in respect of goods or services for which the mark is 
registered, or 
(ii) in respect of other goods or services in connection with 
which the use of the mark or a mark resembling it is 
likely to mislead the public; or IP IN / IIBRB/T /1 
Page 7 
(b) from using, without just cause or in circumstances likely to 
affect adversely the interests of the registered owner of the 
mark. 
(i) the mark or any sign resembling it, or 
(ii) any business name resembling the mark, that is to say, 
any name or style under which any business or 
profession will be carried on in Barbados, whether in 
partnership or otherwise, that resembles the mark. 
(2) In relation to a collective mark, the rights vested in the 
registered owner of the mark under this section are subject to the 
conditions governing the use of the collective mark. 
(3) The registered owner of a collective mark may use that 
mark himself so long as the mark is being used by persons 
permitted to use it under the conditions governing its use; and use 
by.any of those other persons is presumed, for the purposes of this 
Act, to be use by the registered owner. 
6. The registration of a mark under this Act does not vest in 'Excepted 
the registered owner of the mark any right uses. 
(a) to prevent the use by a person in good faith of his own 
name, address or pseudonym or a geographical name; or 
(b) to prevent the use by a person in good faith of an exact 
indication -concerning the kind, quality, quantity, 
destination, value, place of origin, time of production, or 
time of supply of his goods or services, 
if that use is confined exclusively to purposes of identification or 
information and is not likely to mislead the public regarding the 
source of any goods or services to which the registered mark 
relates. 
Local 7. (1) The registration under this Act of a mark does not vest 
exception. in the owner of the mark the right to prevent the use by other 
persons of the mark in relation to goods lawfully sold in Barbados 
if those goods have not undergone any change, including change 
attributable to ageing or weather. 
(2) For the purpose of this section "lawfully sold in Barbados" 
means in relation to any goods or services, that those goods have 
been imported into Barbados for sale, or have been purchased in 
Barbados for sale, in either case with the consent of the registered 
o\vner of the mark or his agent, or the goods have been so 
imported or purchased before the mark was registered in 
Barbados. IP/N/1/BRB/TII 
Page 8 
Unregis­
trable 
marks: 
sim ilari ty . 
1984-20. 8. (1) An application may not be made under this Act for the 
registration of any of the following marks: 
(a) subject to subsection (2), a mark that 
(i) resembles, in such a way as to be likely to mislead the 
public, a mark registered under this Act by another 
person or for which an application for registration by 
another person is pending under this Act, or 
(ii) is subsequently sought to be registered under this Act 
by a person claiming priority under section 12 in 
respect of the same goods or services in connection 
with which the use of the mark for which application is 
being made might be likely to mislead the public; 
(b) subject to subsection (2), a mark that resembles, in such a 
way as to be likely to mislead the public, an unregistered 
mark in use in Barbados at an earlier period by some other 
person in connection with identical or similar goods or 
services, if the applicant is aware or could not reasonably 
have been unaware of the earlier use; 
(c) subject to subsection (2), a mark that resembles, in such a 
way as to be likely to mislead the public, a business name 
registered under the Registration of Business Names Act Cap. 317. 
and in use in Barbados by another person, if the applicant is 
aware or could not reasonably have been unaware of the 
earlier use; 
(d) subject to subsection (2), a mark that, with regard to 
another mark or trade-name, constitutes a reproduction, 
in whole or in part, or an imitation, translation or 
description of that other mark or trade-name, if the other 
mark or the trade-name 
(i) is \vell known in Barbados, 
(ii) belongs to a person other than the applicant, and 
(iii) its reproduction, imitation, translation or description 
is likely to mislead the publ ic; 
(e) a mark that infringes the interest of another person or the 
use of which could lead to a contravention of section 48; or 
(f) a mark that has been registered in another country, or an 
application for the registration of which has been made by 
an agent of a person who is the owner of the mark in 
another country, unless the authorisation of that owner is 
given or the agent justifies his action. IPINIlIBRB/TIl 
Page 9 
(2) In determining whether a mark can be registered under 
this Act, the consent to registration by a person described in 
paragraph (b), (c), (d)or (e) of subsection (1) whose rights will be 
or are likely to be infringed if a particular mark is registered 
under this Act may be taken into account to permit registration of 
the particular mark. 
9. (1) The following marks may not be registered under this Unreai~ 
Act: trable marks: 
(a) any mark thaf consists of a shape or form imposed by the ~~~.~~~~t 
inherent nature of the goods or services to which the mark 
relates or imposed by the industrial function of the mark; 
(b) subject to subsection (2), any mark that consists 
exclusively of a sign or indication that might serve, in the 
course of trade or business, to designate the kind, quality, 
quantity, purpose, value, place of origin of, or time of 
supply of, the goods or services to which the mark relates; 
(c) subject to subsection (2), any mark that exclusively 
consists of a sign or indication that has become in current 
language or in the bona fide and established practices of the 
trade or business in Barbados, a customary designation of 
the goods or services to which the mark relates; 
(d) subject to subsection (2), any mark by the use of which 
it is for other reasons impossible to distinguish the goods 
or services of one business enterprise from those of another 
business enterprise, unless those business enterprises are 
using the mark as a collective mark to-which they are 
entitled; 
(e) any mark that offends public morals or the use of which is 
likely to provoke a breach of the peace; 
if) any mark the use of which is likely to deceive persons 
in trade or business, or the public in general, regarding 
the nature, source, manufacturing process, characteristics 
or suitability for their purpose of the goods or services to 
which the mark relates; IP/N/IIBRB/T/I 
Page 10 
(g) any mark that is an imitation of an armorial bearing, flag 
or other emblem, or is an initial, name or abbreviation of a 
name of any country or of any intergovernmental or inter­
qational organisation created by an international 
convention, unless its use is authorised by an authority in the 
country or organisation concerned that is competent to 
authorise the use of the mark as a trade mark, service n1ark 
or collective mark, as the case requires; 
(h) any mark that is a reproduction or imitation of an official 
sign or hallmark adopted by a country, unless its use is 
authorised by an authority in the country concerned that 
is competent to authorise the use of the n1ark as a trade 
mark, service mark or collective n1ark, as the case 
requires; and 
(i) any mark that resembles, in such a way as to be likely to 
mislead the public, a collective mark 
(i) the registration of which had expired and had not 
been renewed, or 
(ii) the renunciation, removal or invalidity of which had 
been recorded in the register, 
in the course of the 3-year period immediately before the applica­
tion to register the mark is made under this Act. 
(2) In determining whether or not a mark can be registered 
-under this Act, account must be taken, for the purposes of 
paragraphs (b) to (d) of subsection (1), of all the facts, particu­
larly the length of time the mark has been in use in Barbados or 
in any other country, and whether the mark has been held to be 
distinctive in any other country. 
Applicationfor Registration 
10. (l)An application for registration of a mark may be made Application. 
to the Director upon payment of the prescribed fee. 
(2) The application must contain 
(a) a request for registration of the mark; 
(b) the full name and address of the applicant, and if he 
resides outside Barbados, an address for service within 
Barbados; 
(c) 4 copies of a representation of the mark for which registra­
tion is requested; and IP/N/lIBRB/TIl 
Page 11 
(d) a clear and complete list of the particular goods or services 
for which the registration of the mark is re9uest~d, 
accompanied by an indication, under the CI~sslfi~atl0n 
referred to in the Nice Agreement, of the classIficatIon of 
the goods or services that correspond to the goods or 
services to which the mark is to be applied. 
(3) When an application for registration of a mark is made by 
an agent, the application must be accompanied .by ~ power of 
attorney authorising the agent to make the apphcatlon. 
(4) When the application is for the registration of 8. collective 
rnaTkJ the applicatioll 
(a) must designate the mark a collective mark; and 
(b) must be accompa.nied by a copy of the agreement which 
(i) must be signed by the applicant. 
(ii) must contain the conditions governing the use of the 
mark as a collective mark, and 
(iii) must be in compliance with the requiraments of 
subsection (5). 
(5) An agreement providing for the use of a collective mark 
must specify 
(a) the common characteristics or quality of the goods or 
services to which the collective nlark is to be a.pplied; 
(b) the conditions under which, and the persons by whom, the 
cntlec[ive nlark can be uscd~ 
(,,) how effective control of the use of the collective mark in 
complianC!e with the conditions governing its use will be 
exercised; and 
(d) the penaJties or sanctions that are to be applied if the 
collective mark is used in contravention of any of the 
conditions governing its usc. 
Priorit1· 11. Registration of a' mark nlay only be granted under this Act 
to the person who first complies with section 10 or clainls the 
earliest priority for his ap plication for registration under this Act. IP/N/1/BRB/TIl 
Page 12 
12. (1) An applicant for registration under this Act ora mark 
\Vh\) is availing himself of the priority of an ea.rlier application in 
anQther COLLO'U-Y that is a lllentber of the Paris Convention must 
submit with his a pplication a written starenlent 
(a) indicating the date and nurnber.of the earlier application: 
(b) identifying the countl"Y in whi,h the earlier application was 
lllade; and 
(c) giving the name of the applicant who made the earlier 
application in that other country. 
(2) In a declaration made under subsection (1) the applicant 
must give an undertaking to the Director to furnish him, within a 
period of 90 days from the date of the application, with a copy of 
the earlier application, certified as correct by an authority in the 
other country competent to so certify. 
(3) This section does not come into operation until the day 
Barbados accedes to the Paris Convention. 
13". (1) Where a person who, having, at an exhibition Temporary 
recognised by the Minister as an official national or international protection. 
exhibition, exhibited goods bearing a mark or rendered services 
under a mark, makes, within 6 months from the date on which 
those goods or services were first exhibited bearing or under that 
mark at the exhibition, an application for the registration of that 
mark under this Act, he may, if he so desires, be deemed to have 
made application under this Act for registration of that mark on 
the date on which the goods or services were so exhibited. 
(2) An exhibition is recognised by the Minister as an official 
national exhibition or an official international exhibition when 
the Minister publishes a notice of that fact in the Gazette. 
14. (1) The Director shall examine each application for Form 
registration of a mark to determine if sections 10, 12 and, if examination. 
relevant, section 13 have been ~omplied with. 
(2) If the Director determines that section 10 has not been 
complied with in respect of an application for the registration of a 
mark, the Director shall refuse to accept the application. 
(3) If the Director determines that section 12 or 13, as the case 
requires, has not been complied with on an application for the 
registration of a mark, the Director may, subject to section 15, 
register the mark, but mention may not be made in the register of 
any priority claimed under section 12 or of any use of the mark at 
an exhibition described in section 13. Substance 
examina­
tion. IP/N/IIBRB/T/I 
Page 13 
15. (1) When the Director has determined that an application 
complies with the requirements of section 10, he shall examine 
the mark for which the application is made to determine if the 
nlark can be registered under this Act having regard to sections 8 
and 9. 
(2) When the Director determines that the application or the 
mark being registered would contravene section 8 or 9, the 
Director shall 
(a) refuse registration and inform the applicant by notice in 
writing why the application cannot be accepted or the 
mark cannot be registered in Barbados; and 
(b) invite the applicant either to withdraw the application or to 
present, within a period of 60 days from the date of the 
receipt of the notice, the applicant's comments on the 
reasons for the refusal to accept the application or to 
register the mark. 
(3) The Director may refuse to register a mark for which the 
application described in subsection (2) was made, 
(a) if the applicant does not withdraw his application or 
present his comments within the time limited therefor by 
that subsection; or 
(b) if the applicant presents his comments and the Director is 
of the view that he ought not to accept the application or 
register the mark. 
(4) When, after considering any comments presented to him 
by an applicant described in subsection (2), the Director is of the 
1984-20. opinion that the mark for which the application has been made 
cannot be registered under this Act in respect of a part of the 
goods, or, as the case requi.res, some of the services mentioned in 
the application, the Director may proceed under section 16 with 
the application in respect of those goods or services for which the 
mark can be registered. 
Publication of Application 
16. (1) Where it appears to the Director that the Publishing 
requirements of this Act governing registration of a mark have application. 
been complied with in respect of an application, he may so notify 
the applicant and require that the applicant, within a period of 60 
days from the receipt of the notification, pay the prescribed fee 
for publication of the notice of the application. IP/N/lIBRB/TIl 
Page 18 
.(5~ A. renewal of a re~istration of a mark noting any 
ehmlnatlon of goods or servlces in respect of the mark shall be 
recorded in the register and a notice thereof published by the 
Director in the Gazette. 
Proprietary Activities 
Tr~sfe~ of 28. (1) An application for the registration of a trade mark or 
~~,:!=~~on service mark, and-the registration of a trade or service mark, are 
both transfer-able; and a trade mark or service mark may be 
transferred 
(a) independently of any business enterprise in connection 
with which the trade mark or service mark is used; and 
(b) independently of the goods or services in respect of which 
the application was' made or the trade mark or service 
mark was registered. 
(2) A transfer of an application for the registration ofa trade 
mark or service mark, or the transfer of the registration of a trade 
mark or service mark, must be recorded in the register upon 
payment of the prescribed fee. 
(3) A transfer of an application for the registration of a trade 
mark or service mark, or the transfer of the registration of a trade 
mark or service mark, is void as against any person other than the 
parties to the transfer until the transfer is recorded in the register. 
(4) A transfer of an application for registration of a trade mark 
or service mark, or the registration of a trade mark or service 
raark, is void if the transfer is likely to mislead the public in any 
way, particularly with respect to the nature, source, 
manufacturing process, characteristic or suitability for their 
purpose of the goods or services to which the-trade or service mark 
relates. 
(5) In order to be recorded in the register, a transfer, otherwise 
than by operation of law, of an application for registration of a 
trade mark or service mark or of a registration of a trade mark or 
service mark must be in writing and signed by the parties to the 
transfer. IP/NI1 IBRB/TIl 
Page 19 
29. (1) The Director may in writing approve the transfer of Transf~r of 
h 0 0 flo k Of h .c. d k collectiVe t e registration 0 a co lectlve mar 1 t e tranSleree un erta es marks. 
in writing to exercise effective control of the use of the collective 
mark in accordance with the conditions governing its use 0 
(2) A transfer of the registration of a collective mark is void 
until it is recorded in the register; and it may not be recorded 
unless the application to record the transfer is accompanied by 
the prescribed fee and a copy of the Director's approval of the 
transfer. 
Licence-contracts 
30. (1) A registered owner of a trade mark or service mark may, Licence-
b 10 th . contracts. y a lcence-contract, grant to ano er person or an enterprise a 
licence to use the mark for any of the goods or services for which 
the mark is registered. 
(2) A licence-contract must be in writing and signed by the. 
parties to the contract; and it is void against persons other than 
the parties thereto until it is recorded in the register. 
(3) A licence-contract may be recorded in the register upon 
payment of the prescribed fee. 
(4) The record in the register of a licence-contract relating to a 
trade mark or service mark shall be cancelled by the Director 
(a) at the request of the registered owner of the trade mark or 
service mark, or at the request of the licensee under the 
licence-contract; and 
(b) on production to the Director of satisfactory evidence by 
the person making the request that the licence-contract 
has terminated. 
31. In the absence of an agreement to the contrary, joint Joint 
owners of a trade mark or service mark registered under this Act owners. 
(a) may separately transfer their share of the mark as well as 
separately exercise any exclusive right acquired under this 
Act; but 
(b) may by joint action only grant a licence-contract to another 
person to use the mark for any of the goods or services in 
respect of which it is registered. IP/N/I/BRB/TIl 
Page 20 
QUality 
control. 
1984-20. 
Further 
licences. 32. (1) A licence-contract relating to a trade mark or service 
mark is void and may not be recorded in the register if the 
licence-contract does not contain a stipulation that ensures that 
the quality of the goods or services to which the mark relates can 
be effectively controlled by the registered owner of the mark. 
(2) A provision in a licence-contract or a provision in an 
agreement relating tq a Ucence-contract is void if, in respect of a 
trade mark or service mark, it purports 
(a) to impose on the industrial or commercial use of the trade 
mark or service mark a restriction on the licensee that 
does not derive from the rights vested by registration of the 
mark under this Act; or 
(b) to impose a restriction that is unnecessary for the purpose 
of safeguarding the rights vested by registration of the 
mark under this Act. 
(3) Whether a restriction is unnecessary for the purpose of 
safeguarding the rights vested by registration under this Act is a 
question of fact to be determined in each case after having due 
regard to all the circumstances. 
33. (1) In the absence of a provision to the contrary in a 
licence-contract, but subject to subsection (2), the grant of a 
licence to a person to use a trade mark or service mark in industry 
or commerce does not prevent the grantor of the licence 
(a) from granting further licences to other persons to use the 
same mark, or 
(b) from using the mark himself. 
(2) If the licence-contract provides that the licence granted 
under it is an exclusive licence, the grantor of the licence may not 
(a) grant further licences to other persons to use the trade 
mark or service mark to which the licence-contract relates; 
or 
(b) in the absence of a provision in the licence-contract to the 
contrary, use the trade mark or service mark himself. 
34. In the absence of a provision to the contrary in the I:icensee 
licence-contract, a licensee thereunder may, while he is a nght. 
registered licensee under that contract, exercise in Barbados, in 
relation to the trade mark or service mark to which the 
licence-contract relates, all the rights vested by registration under 
this Act in respect of that mark, including the right to apply for 
renewal of the registration of the mark. IPlNlllBRB/T/l 
Page 21 
35. (1) Unless the licence-contract otherwise provides, a No ~ansfer 
licence under a licence-contract is not transferable nor may a of licence. 
licensee thereunder grant a sub-licence. 
(2) When a licensee under a licence-contract has authority 
thereunder to transfer his licence or to grant a sub-licence, 
sections 30 to 34 and section 36 apply to the transfer or 
sub-licence. 
36. When in the economic interests of Barbados, the Minister Royalties 
f P· · d b d abroad. o lnance SO prOVl es y or er, 
(a) licence-contracts requiring payment of royalties abroad, or 
such classes thereof as are described in the order; and 
(b) changes or renewals of the licence-contracts referred to in 
paragraph (a), 
have no effect in Barbados without the approval in writing of the 
Minister of Finance. 
Renunciation 
37. (1) SUbject to this section, the registered owner of a mark ~enuncia­
may renounce registration of the mark by means of a written tion. 
renunciation addressed to the Director. 
(2) A renunciation may be limited to a part only of the goods or 
services for which the mark is registered. 
(3) Upon receiving a renunciation, the Director shall record it 
in the register and publish a notice of the renunciation in the 
Gazette as soon as possible. 
(4) A renunciation of a mark has no effect until it is recorded 
in the register pursuant to subsection (3). 
(5) Subject to subsection (6), when a licence-contract is 
recorded in the register for a trade mark or service mark, a 
renunciation made in respect of the mark may not be recorded in 
the register unless the renunciation contains a statement that it 
was made with the consent of the licensee under the 
licence-contract. 
(6) Subsection (5) does not apply if the licence-contract 
relating to the mark referred to in that subsection expressly 
waives the right of the licensee thereunder to prevent the 
recording of a renunciation without his consent. IP/NIIIBRB/TI 1 
Page 22 
Owner's 
remedies. 
Licensee's 
remedies. Protective Measures 
38. (1) The registered owner of a mark whose rights under 
this Act are in imminent danger of being infringed, or are being 
infringed, may institute proceedings in the High Court 
(a) for an injunction to prevent the infringement or to prohibit 
the continuation of the infringement; or 
(b) for damages for the infringement. 
(2) An injunction issued pursuant to subsection (1) does not 
deprive the registered owner of the mark of any damages that he 
is entitled to be awarded for any loss sustained by him as a result 
of an infringement or imminent infringement of his rights under 
this Act. 
39. (1) A licensee under a licence-contract may in writing 
request the registered owner of the trade mark or service mark to 
which the licence-contract relates to institute, within a period of 
90 days from receipt by him of the request, any necessary 
legal proceedings in respect of any infringement or imminent 
infringement of that mark. 
(2) A request under subsection (1) must contain a statement of 
the relief desired. 
(3) SUbject to subsection (5), if the registered owner of a trade 
mark or service mark who receives a request under subsection (1) 
fails to institute legal proceedings within the time limited 
therefor by that subsection, the licensee who made the request 
may, unless the licence-contract otherwise provides, institute 
those proceedings in his own name after notifying the registered 
owner of the mark of his intention to do so. 
(4) The registered owner of the trade mark or service mark 
may join in any legal proceedings instituted under subsection (4) 
by a licensee; but the licensee is liable to the registered owner of 
the mark for any damages that the owner incurs as a result of any 
unwarranted legal proceedings instituted by the licensee. 
(5) When a licensee institutes legal proceedings in his own 
name under this section, he must prove to the court that the 
registered owner of the mark to which the proceedings relate 
failed within the time limited therefor by subsection (1) to 
institute legal proceedings. 
40. (1) Subject to subsection (2), the High Court may, before Judicial aid. 
the expiration of the period of 90 days' referred to in section 
39(1), grant an injunction to a licensee of a trade mark or service 
mark to prevent infringement or to prohibit further infringement 
of the mark. 1984-20 IP/N/IIBRB/T/I 
Page 23 
(2) In making an application to the High Court.to exercise its 
jurisdiction under subsection (1), the licensee must prove that 
(a) immediate action is necessary to prevent substantial 
damage from the infringement of the trade mark or service 
mark for which the application is made; and 
(b) the registered owner of the mark had been requested to 
institute legal proceedings but had failed to do so. 
41. (1) Proceedings requesting that the registration of a mark Regis~tion 
be ordered removed from the register may be made by application ternov 
to the High Court by any interested person, if 
(a) the mark has become a generic name; or 
(b) the mark has fallen into disuse. 
(2) A mark becomes a generic name when the registered owner 
by his action causes or acquiesces in the transformation of the 
mark into a generic name in respect of one or more of the goods or 
services for which the mark was registered, so that, in trade and 
business circles and in the estimation of the public, the mark's 
significance as a distinctive trade, service or collective mark has 
been lost. 
(3) A mark falls into disuse when its registered owner, witho~t 
good reason, has, within the 5 years immediately preceding the 
. date of the application to the High Court, failed, after 
registration of the mark, to use it within Barbados or failed to 
cause its use within Barbados. 
(4) The use of a mark in a form differing in elements that do 
not alter the distinctive, character of the mark in the form in which· 
it was registered does not of itself cause the mark to lose its 
significance nor does it diminish the rights of the registered owner 
under this Act. 
(5) In determining whether a mark has fallen into disuse 
within the meaning of subsection (3), the court may have regard 
to the following: 
(a) only circumstances beyond the control of the registered 
owner ought to be taken to be a good reason for failing to 
use a mark under licence or otherwise; 
(b) insufficient financial resources ought not to be taken to be 
a good reason for failing to use a mark under a licence or 
otherwise; and 
(c) the use of a mark in connection with one or more of the 
goods or services belonging to any.given class in respect of 
which the mark is registered constitutes use of the mark. IP/N/1/BRB/TIl 
Page 24 
Court order. 42. After hearing the parties to the proceedings for the 
removal of a mark from the register under section 41, the court 
may 
(a) dismiss the application; or 
(b) order a total or partial removal of the mark from the 
register, as the court thinks appropriate. 
Invalidity. 43. (1) Proceedings requesting that the registration of a mark 
be declared invalid may be made by application to the High COl:lrt 
by any interested person claiming that the registration was not 
per"mitted under section 8 or 9. 
(2) After hearing the parties to the application, the court may 
declare the registration of the mark invalid if it is shown to the 
court.that the mark ought not to have been registered, having 
regard to the requirements of section 8 or 9. 
(3) Notwithstanding subsection (2), the court shall disregard 
any ground not existing at the hearing of the application but that 
ought to have resulted in the refusal of registration when the 
application was examined under section 15. 
(4) When the grounds for invalidating the registration of a 
mark exist in respect of a part only of the goods or services for 
which the mark was registered, the declaration of invalidity may 
be limited by the court to that part only of the goods or services to 
which the mark applies. 
(5) An application under this section for a declaration 
invalidating a mark 
(a) may be brought within 5 years from the date of registration 
of the mark, if the mark ought not to have been registered, 
having regard to section 8(1); or 
(b) may be brought within 12 years from the date of 
registration of the mark, if the mark ought not to have been 
registered, having regard to any other provision of section 8 
or 9. 
44. (1) In addition to any proceedings under section 43 to have a InUUd. 
lnark declared invalid, proceedings may also be brought, in the ~ar~ttve 
circumstances to which this section applies, in the High Court, by 
application, to have a collective mark declared invalid. 
(2) The circumstances to which this section applies are: 
(a) when the registered owner of the collective mark uses the 
mark to the exclusion of its use by other persons, or uses, or 
permits the use of the collective mark in contravention of 
the conditions governing its use as recorded in the register; or IP/NIIIBRB/TI 1 
Page 25 
(b) uses or permits use of the collective mark in a manner 
likely 
(i) to deceive in trade or business cir~les, or 
(ii) to deceive members of the public, as to the origin of 
any common characteristics of the goods or services in 
connection with which the mark is used. 
(3) For the purposes of paragraph (b) of subsection (2), it is 
immaterial whether 
(a) the registered owner of the collective mark tolerated its use 
in the manner described in that paragraph while being 
aware of its being so used; or 
(b) the registered owner of the collective mark is ignorant 
through lack of adequate control of the manner of use of 
the collective mark. 
(4) To prevent doubt, section 43 applies to proceedinBs 
brought under this section in like manner as proceedings brought 
under that section. 
~fe~t o~ 45. (1) When the registration of a mark is declared invalid in 
mvalidation. whole or in part by the High Court in any proceedings brought 
Copy of 
court 
decision. under sections 41 to 44, the registration is, to. the extent declared 
by the Court invalid from the date of the impugned registration. 
(2) When the registration of a trade mark or service mark to 
which a licence-contract applies is declared invalid by the High 
Court, no royalties need be repaid by t~e grantor of the licence 
under the licence-contract to the licensee thereunder unless it is 
shown to the court that the licensee had not substantially 
benefitted from the licence. 
46. On the determination of any proceedings under sec­
tion 41, 42, 43 or 44 in the High Court, the Registrar of the 
Supreme Court shall transmit a certified copy of the court's 
decision to the Director, who shall record the decision in the 
register and publish a notice of it in the Gazette. 
Appeals 
Appeals. 47. (1) A person aggrieved by any determination of the 
Director regarding the registration of, or refusal to register, a 
mark under this Act may appeal to the High Court from that 
determination, within 14 days after the determination is 
made known to him. IP/N/l/BRB/T/l 
Page 26 
(2) After hearing the appeal, the court may rescind or confirm 
the determination of the Director. 
(3) The Registrar of the Supreme Court shall transmit a 
certified copy of the court's decision to the Director who shall 
record the decision in the register and publish a notice of it in the 
Gazette. 
(4) The Director may be heard in person or by his attorney on 
an appeal under this section. 
Trading Practices Offences 
48. (1) No person shall knowingly 
(a) make use either directly or indirectly of a false or deceptive 
indication of the source of goods or services, or of the 
identity of the producer, m-anufacturer or suppiier of 
goods, or the originator or supplier of services; 
(b) make use either directly or indirectly of a false or deceptive 
appellation of origin of goods or services, or imitate an 
appeIIation or origin of goods or services, even if 
(i) the true origin of the goods or services is indicated, or 
(ii) the appellation is used in translated form or is 
accompanied by words indicative of a relationship or 
similarity between the goods <?r services; 
(c) commit any act of a nature likely to cause confusion by any 
means in relation to the business establishment, the goods 
or services, or the industrial or commercial activities, of a 
business competitor; 
(d) make any false allegation in the course of trade or 
business of such a nature as to discredit the business 
establishment, the goods or services, or the industrial or 
commercial activities, of a competitor; or 
(e) give any indication or make any allegations the use of which, 
in the course of trade or business, is likely to mislead the 
public regarding the nature of goods or services, the 
man ufacturing or originating _ process, the characteristics, 
suitability for their purpose, or the quantity or quality of 
those goods or services. Competitive 
offences. Infringe­
ment 
Penalties. (2) In this section, IP/NIlIBRB/T II 
Page 27 
(a) "appellation of origin" means the geographical name of a 
country, region or locality serving to designate a produce 
originating therein, the quality or characteristics of which 
are due exclusively or essentially to the geographical 
environment; inc.1uding natural or human factors; and 
(b) "indication of source" means any expression or sign that is 
used to indicate that a product or service originates in a 
given country or group of countries. 
49. No person shall knowingly infringe any right vested in any 
other person under this Act. 
50. A person who contravenes section 48 or 49 is guilty of an 
offence and liable on summary conviction 
(a) to a fine of S10 000 or to imprisonment for a term of 
2 years or to both; and 
(b) in the case of a continuing offence, to a further fine of 
$1 000 for each day or part thereof on which the 
offence continues. 
Limitation. 51. A prosecution for an offence under section 48 or 49 may be 
Civn 
remedies. brought at any time within 5 years from the date the offence, or 
the last date on which the last of any continuing offence, was 
committed. 
Civil Remedies 
52. (1) A person who sustains any damage by reason of any 
acts described in section 48 or 49 may institute proceedings in the 
High Court to recover his damages, whether or not the person 
who committed those acts had been successfully prosecuted under 
that section. 
(2) The court may, in addition to awarding damages under 
subsection (1), grant an injunction prohibiting a person from 
continuing any contravention of section 48 or 49. 
Administration 
53. Except as otherwise provided in this Act, any COI?muni­
communication with the registered owner of a mark may be cations. 
validly made by sending the communication to his address, or to 
his address for service as recorded in the register. Binding 
Crown. IP/N/IIBRB/T/I 
Page 28 
54. The Minister may, by order, provide that reciprocal Reciprocity. 
treatment of marks be given in relation to any country that 
provides similar protection to marks registered in Barbados, and 
to applications for registration of marks in Barbados, as are given 
by this Act. 
55. The Director may issue directions relating to practice and Directions. 
procedure in the registration of marks under this Act, and 
regarding the operations of the register generally, but subject to 
any regulations made under section 56. 
56. The Minister may make regulations prescribing for any Regulations. 
matters or things required to be prescribed or provided for under 
this Act, and generally, for the effective operation of this Act. 
57. (1) After 1st January, 1985, no marks maybe registered or Effect of 
renewed under the Trade Marks Act. 1 ~~~er 
(2) A renewal of a mark registered under the Trade Marks 
Act 1 may be made under section 26. . 
(2.1) A reference in this Act to a mark registered under this 
Act or to an application pending under this Act for registration of 1984-20. 
a mark in any of the following provisions, namely, sections 3,. 
8(1)(a)(i), '20(1)(a) and (b), and 31, includes, as the cir­
circumstances require, 
(a) the registration before 1st January, 1985, of a mark under 
the Ttade Mark.~Act:.l _ 
(b) an application for registration of a mark pending under 
the Trade Marks Act 1, on 1st January, 1985; 
and this Act applies, mutatis mutandis, to a mark registered 
under Chapter 319 of the Laws of Barbados but without 
diminishing the rights acquired by.virtue of registration under 
Chapter 319. 
(3) Orders-in-Council made after 1st January, 1985, under 
the Patents and Designs Act of the United Kingdom 
1907 and under the Patents Act, 1949 of the United Kingdom do 
not extend to Barbados; and trade marks registered in the United 
Kingdom under the Trade Marks Act of the United Kingdom 
cease to be entitled to registration by virtue only of their having 
been so registered. . 
58. This Act is binding on the Crown. 
1 ' ; . . 
means the former Trade Marks Act (1949-52) (Cap. 319) repealed by this Act.