THE  TRADE  MARKS  REGULATIONS,  2020 
Explanatory Memorandum
The Trade Marks Regulations, 2020 which is subject to the negative 
resolution of Parliament seeks to provide for the effective regulation of
matters under the Trade Marks Act, No. 8 of 2015 (“the Act”) which was 
assented to on the 12th of June 2015. These Regulations seek to 
modernize the current trade mark legislation to meet international norms 
and practices in accordance with international treaties and conventions.
The Trade Marks Regulations, 2020 is in tandem with the Singapore 
Treaty on the Law of Trademarks, for which Trinidad and Tobago 
deposited the instrument of accession on October 4, 2019. The Singapore 
Treaty on the Law of Trademarks in particular, brings harmonization of
administrative trade mark registration procedures especially in the field 
of communication technologies. As such, the Trade Marks Regulations,
2020 seeks to establish the electronic online system to facilitate, inter alia ,
the electronic filing of trade marks. The Trade Marks Regulations, 2020 
seeks to provide users with more efficient, cost-effective operations and 
convenient delivery of services as it pertains to trade mark matters.
Part I: (Preliminary) contains regulations 1 to 11. It includes provisions 
regarding the citation of the Regulations, various definitions, the method 
for the filing of documents and the relevant forms.
Regulation 5 allows the Controller to approve and publish the forms 
to be used for any purpose relating to the registration of a trade mark or 
any other proceedings before the Controller under the Act, the Controller’s 
directions relating to the use of any form, and any amendment or 
modification of any such form or direction. 
Regulation 8 provides for the various means regarding the service of
documents by the Intellectual Property Office to respective parties, the 
serving of documents on the Intellectual Property Office by any party, and 
the service of documents between parties.
Part II (Registration of Trade Marks) contains regulations 12 to 39.
Division 1 (Registrability of Trade Marks) includes provisions regarding 
the protection of the National Emblems of Trinidad and Tobago and other 
protected emblems.
Regulation 12 permits the Controller to refuse trade marks 
containing any representation of the President.
Regulation 13 allows the Controller to refuse the registration of trade 
mark applications containing the representation of the National Emblems,
and the words “Trinidad and Tobago Government” without the requisite 
authority or consent. Regulation 13 also allows the Controller to refuse 
the registration trade mark applications containing the words “Red Cross”
or “Geneva Cross” and any representation of the Red Cross or Geneva 
Cross, without the requisite authority or consent. Regulation 14 allows the Controller to refuse the registration of a 
trade mark containing armorial bearings, state emblems, insignia, official
signs, orders of chivalry, decorations, flags or devices of any state, without
the requisite consent.  
Division 2 (Application for Registration)includes provisions regarding the 
requirements for applications for the registration of trade marks, the 
division of applications, priority claims, specification of classes,
translations and transliterations, and deficiencies in applications. 
Regulation 16 provides for the manner of representation of trade 
marks in the application form ensuring that applicants provide a clear 
indication as to the nature of the mark. Regulation 16 also permits the 
Controller the power to request the applicant to provide further 
information regarding the representation. The Act, grants the 
registration of non-conventional marks including sounds, scents and touch 
pursuant to the definition of a trade mark in section 2 of the Act which 
specifies that trade marks are any sign capable of being represented 
graphically. As such, these Regulations will ensure that all trade mark 
applications, including applications for non-conventional trade marks,
meet the requirements of the Office. 
Division 3 (Amendment of Application)provides for the amendment to 
trade mark applications.
Division 4 (Examination of Application for Registration)provides for the 
Examination Report by the Trade Mark Examiners at the Office and the 
responses by applicants.
Division 5 (Publication)provides for the publication of applications once 
accepted by the Office.
Regulation 25 provides for publication through the Trade Marks 
Journal which will be an online Journal created and published by the 
Office on the Office’s website. 
Division 6 (Opposition to Registration)includes provisions regarding the 
Opposition procedures to oppose the registration of a trade mark once 
published. 
Regulation 26 and 27 provides for the Notice of Opposition and its 
contents respectively.
Regulation 28 provides for the filing of the Counter-statement. 
Regulation 29 provides for the filing of Evidence in support of the 
opposition. 
Regulation 30 provides for the filing of Evidence in support of the 
application. 
Regulation 31 provides for the filing of Evidence in reply by the 
opponent. 
Regulation 32 provides for the filing of any further Evidence. 
Regulation 33 provides for the filing of Exhibits. iiRegulation 34 provides for the filing of the Original Exhibits. 
Regulation 35 provides for the Opposition Hearing before the 
Controller. 
Regulation 36 provides for the Controller’s decision in opposition 
proceedings.
Regulation 37 addresses Extensions of Time in Opposition 
proceedings. 
Division 7 (Registration)provides for the Certificates of Registration 
issued by the Controller for trade marks that attain registration. 
Part III (Register) contains regulations 40 to 46.It includes provisions 
regarding particulars to be entered in the Register, disclaimers and 
limitations, removal of matters from the Register, and Certificates of
Validity. 
Regulation 40 provides for the various particulars to be entered in the 
Register in respect of each registered trade mark.
Regulation 41 provides for the procedure for the filing of disclaimers 
or limitations. 
Regulation 44 provides for the procedure for the removal of any 
matter from the Register by the Controller. 
Regulation 45 provides for the entry of Certificates of Validity in the 
Register, where Court has certified, in accordance with section 118 of the 
Act, No. 8 of 2015, that a registered trade mark has been validly 
registered.
Part IV (Renewal of Registration of Trade Mark) contains regulations 47 
to 51 and includes provisions regarding the Renewal of Registration of a 
trade mark. 
Regulation 47 provides for the procedure regarding the renewal of a 
trade mark. 
Regulation 48 provides for the issuance of a Notice of Renewal by the 
Controller six (6) months before the date of expiry of the registration of a 
trade mark. 
Regulation 50 permits the Controller to remove a trade mark from 
the Register for non-renewal or failure to comply with the requirements 
for renewal. 
Regulation 51 provides the procedure for a party to apply for 
restoration of a trade mark that was removed from the Register.
Part V (Registrable Transactions) contains regulations 52 and 53 and 
includes provisions pertaining to the process regarding registrable 
transactions. 
Regulation 52 provides for the prescribed particulars of a transaction 
to be entered in the Register.iiiRegulation 53 provides the procedure for an application to register 
particulars of a transaction or to give notice of a transaction to the 
Controller.
Part VI (Alteration of Registered Trade Mark) contains regulation 54.It
includes provisions regarding the alteration of registered trade marks.
Part VII (Revocation, Invalidation, Rectification and Cancellation)
contains regulations 55 to 59.It includes provisions regarding the 
revocation, invalidation, rectification, and cancellation of trade marks. 
Regulation 55 provides for the procedure for parties to apply for the 
revocation, invalidation, and rectification of trade marks. 
Regulation 56 provides for the filing of Counter-statement in the said 
proceedings. 
Regulation 57 provides for further procedures in the said proceedings.
Regulation 58 provides for intervention by third parties in the 
proceedings. 
Regulation 59 provides for the procedure for the proprietor to apply 
for the cancellation of their trade mark from the Register.
Part VIII (Collective Marks and Certification Marks) contains regulations 
60 to 64.It includes provisions regarding collective and certification 
marks.
Regulation 60 provides for the application process regarding 
collective and certification marks.
Regulation 61 provides for the filing of rules in relation to collective 
and certification marks. 
Regulation 62 provides for the opposition procedure regarding the 
registration of collective and certification marks. 
Regulation 63 provides for the amendment of the rules governing the 
use of a registered collective mark or certification mark. 
Regulation 64 provides for the opposition procedures to the 
amendment of rules of a registered collective mark or certification mark.
Part IX (Evidence and Procedure) contains regulations 65 to 69.It includes 
provisions regarding the filing of evidence and other procedures in relation 
to hearings before the Controller.
Regulation 65 provides for the right of affected parties to be heard. 
Regulation 66 provides for the Controller to hear any dispute relating 
to any matter under the Act or the Regulations. 
Regulation 67 provides for the manner in which evidence is filed 
before the Controller in relation to any matter under the Act or the 
Regulations.
Part X (Costs) contains regulations 70 and 71.It includes provisions 
regarding costs.iv Part XI (Extension of Time and Reinstatement of Applications, Rights and 
Other Matters) contains regulations 72 to 75.It includes provisions 
regarding extensions of time, reinstatement of applications, reinstatement
of rights and other matters.
Regulation 72 provides for the procedure regarding extensions of time. 
Regulation 74 provides for the procedure regarding the reinstatement
of a trade mark application and the reinstatement procedure for any rights 
that have been abrogated under any proceedings pursuant to the Act or 
the Regulations.
Part XII (Electronic Online System) contains regulations 76 to 83.It
includes provisions regarding the creation of the Electronic Online 
System.
Regulation 76 provides for the establishment of the Electronic Online 
System.
Regulation 77 provides for the registration of account holders with 
the Controller.
Regulation 78 provides for the assignment of an identification name 
and authentication code to account holders.
Regulation 79 provides for the obligation of account holders to inform 
the Controller of any change in their particulars which were furnished in 
the application for the registration as an account holder.
Regulation 81 provides for account holders to only use the electronic 
online system in accordance with the Regulations and any practice 
directions issued by the Controller.
Regulation 82 provides for the cancellation of an account and any 
identification name or authentication code of an account holder by the 
Controller under the Electronic Online System.
Part XIII (Hours of Business and Excluded Days) contains regulations 84 
and 85.It includes provisions regarding the hours of business, excluded 
days and the extension of periods of time should there be a disruption in 
normal operations.
Part XIV (Miscellaneous) contains regulations 86 to 93.It includes 
provisions regarding General Certificates, appeals, irregularities,
correction of clerical errors, applications to the Court, Orders of the Court
and Trade Marks Journal.
Regulation 86 provides for the issuance of General Certificates by the 
Controller.
Regulation 89 provides for the appeal of the Controller’s decisions to 
the High Court of Justice.
Regulation 90 provides for the correction of irregularities and clerical
errors.vRegulation 93 provides for the Trade Marks Journal which is an elec -
tronic journal.
Part XV (Transitional Provisions) contains regulations 94 and 95.
Regulation 94 deals with pending applications for registration under 
the revoked Trade Marks Act and the opposition proceedings regarding 
same.
Regulation 95 is a savings clause with regard to time periods 
prescribed by the revoked Trade Marks Rules.
The First Schedule provides for the fees regarding all matters under the 
Regulations.
The Second Schedule provides for the Description of the Forms used under 
the Regulations.
The Third Schedule provides for the Scale of Costs in relation to all
proceedings under the Act and the Regulations.viTRADE  MARKS  REGULATIONS,  2020 
Arrangement of Regulations 
Regulations 
PART  I
PRELIMINARY 
1.Citation 
2.Interpretation 
3.Fees 
4.Filing of documents 
5.Forms 
6.Size of documents 
7.Signature on documents 
8.Service of documents 
9.Furnishing of address 
10.Address for service 
11.Agents 
PART  II
REGISTRATION OF TRADE MARKS 
Division 1 –Registrability of Trade Marks 
12.Representation of President
13.Trinidad and Tobago National Emblems, etc.
14.Registration of mark consisting of armorial bearings, etc.
Division 2 –Application for Registration 
15.Application for registration 
16.Representation of trade marks 
17.Division of application for registration 
18.Claim to priority 
19.Specification 
20.Translation and transliteration 
21.Deficiencies in application 
Division 3 –Amendment of Application 
22.Amendment of application 
23.Amendment of application after publication Division 4 –Examination of Application for Registration 
24.Examination report and applicant’s response 
Division 5 –Publication 
25.Publication of application 
Division 6 –Opposition to Registration 
26.Notice of opposition 
27.Contents of notice of opposition 
28.Counter-statement 
29.Evidence in support of opposition 
30.Evidence in support of application 
31.Evidence in reply by opponent 
32.Further evidence 
33.Exhibits 
34.Original exhibits 
35.Opposition hearing 
36.Controller’s  decision in opposition proceedings 
37.Extension of time in opposition proceedings 
38.Costs in uncontested oppositions 
Division 7 –Registration 
39.Certificate of registration 
PART  III
REGISTER 
40.Entry in Register of particulars of registered trade mark 
41.Registration subject to disclaimer or limitation 
42.Application to change name or address in Register 
43.Death of applicant before registration 
44.Removal of matter from Register 
45.Certificate of validity 
46.Extract from Register iiPART  IV 
RENEWAL OF REGISTRATION OF TRADE MARK 
47.Renewal of registration 
48.Notice of renewal 
49.Notice of non-compliance 
50.Removal of trade mark from Register 
51.Restoration of registration 
PART  V 
REGISTRABLE TRANSACTIONS 
52.Entry in Register of particulars of registrable transactions 
53.Application to register or give notice of transaction  
PART  VI
ALTERATION OF REGISTERED TRADE MARK 
54.Application to alter registered trade mark 
PART  VII
REVOCATION ,  INVALIDATION ,  R ECTIFICATION AND CANCELLATION 
55.Application for revocation, declaration of invalidity and 
rectification 
56.Counter-statement 
57.Further procedure 
58.Intervention by third parties 
59.Application to cancel registered trade mark or registration in 
relation to certain goods or services 
PART  VIII
COLLECTIVE MARKS AND CERTIFICATION MARKS 
60.Application of Regulations to collective marks and certification 
marks 
61.Filing of rules 
62.Opposition to registration 
63.Amendment of rules 
64.Opposition to amendment of rules iiiPART  IX 
EVIDENCE AND PROCEDURE 
65.Right of affected party to be heard 
66.Hearing before Controller to be in public 
67.Evidence in proceedings before Controller 
68.Statutory declarations 
69.Notice of seal of officer taking declaration 
PART  X 
COSTS 
70.Application for costs 
71.Scale of costs 
PART  XI
EXTENSION OF TIME AND REINSTATEMENT OF APPLICATIONS ,  R IGHTS 
AND OTHER MATTERS 
72.Request for extension of time 
73.Where non-compliance with time caused by act of person employed 
in the Intellectual Property Office 
74.Reinstatement of application, right or other matter 
75.Change of commencement date of period for filing evidence 
PART  XII
ELECTRONIC ONLINE SYSTEMS 
76.Establishment of electronic online system 
77.Registration as account holder 
78.Identification name and authentication code 
79.Obligation to inform Controller of change of particulars 
80.Security measures 
81.Duty of person using electronic online system 
82.Cancellation of registration as account holder 
83.Documents to be signed, made on oath or attested  
PART  XIII
HOURS OF BUSINESS AND EXCLUDED DAYS 
84.Hours of business and excluded days 
85.Extension of period where interruption in postal service or 
operations iv PART  XIV 
MISCELLANEOUS 
86.General certificates by Controller 
87.Case management conference 
88.Production of documents, information or evidence 
89.Irregularities and correction of clerical errors 
90.Appeal  
91.Application to Court 
92.Order of Court
93.Trade Marks Journal
PART  XV 
TRANSITIONAL PROVISIONS 
94.Pending applications for registration 
95.Savings 
96.Commencement 
FIRST  SCHEDULE –FEES 
SECOND  SCHEDULE –DESCRIPTION  OF  FORMS 
THIRD  SCHEDULE –SCALE  OF  COSTS vLEGAL NOTICE NO.  137 
REPUBLIC  OF  TRINIDAD  AND  TOBAGO 
TRADE MARKS ACT ,  2015 
REGULATIONS 
MADE BY THE MINISTER UNDER SECTION 123  OF THE TRADE MARKS ACT ,
IN ACCORDANCE WITH SECTION 43  OF THE INTERPRETATION ACT ,
CHAP .  3:01  AND SUBJECT TO NEGATIVE RESOLUTION OF PARLIAMENT 
THE  TRADE  MARKS  REGULATIONS,  2020 
PART  I
PRELIMINARY 
1.These Regulations may be cited as the Trade Marks Regulations,
2020.
2.(1)In these Regulations –
“account holder” means a person registered as an account holder 
by the Controller under regulation 77;
“Act” means the Trade Marks Act;
“approved form” means a form approved by the Controller;
“authentication code” means an identification or identifying code,
password or any other authentication method or procedure 
that may be assigned to or approved for an account holder by 
the Controller;
“Controller” means the Controller of the Intellectual Property 
Office as referred to under section 3(2) of the Patents Act;
“electronic online system” means the electronic online system 
established under regulation 76;
“folio” means one hundred words, with each figure being counted 
as one word;
“former Act” means the Trade Marks Act repealed by section 141 
of the Act;
“identification name” means an identification name assigned to 
an account holder by the Controller under regulation 78;
“Intellectual Proerty Office” means the Intellectual Property 
Office established under section 3(1) of the Patents Act;Legal Supplement Part B–Vol. 59, No. 105–23rd June, 2020 821 
Citation 
Interpretation 
Act No. 8 of
2015 
Chap. 82:76 
Chap. 82:81 “specification” means the specification of goods or services in 
respect of which –
(a)a trade mark; or 
(b)a transaction in relation to a registered trade mark or an 
application for the registration of a trade mark, 
is registered or proposed to be registered;
“National Emblems” has the meaning assigned under the 
National Emblems of Trinidad and Tobago (Regulation) Act;
“Trade Marks (International Registration) Regulations” means 
the Trade Marks (International Registration) Regulations 
made under section 57 of the Act;
“Trade Marks Journal” means the journal by that name 
published under regulation 93.
(2)Unless the context otherwise requires, the word “month”,
wherever it occurs in any decision, direction or other document issued by 
the Controller, means calendar month. 
(3)Any period of time fixed by these Regulations or by any 
decision, direction or other document for the doing of any act shall be 
reckoned in accordance with subregulations (4), (5) and (6). 
(4)Where the act is required to be done within a specified period 
from or after a specified date, the specified period begins immediately after 
that date.
(5)Where the act is required to be done within or not less than a 
specified period before a specified date, the period ends immediately before 
that date.
(6)Where the act is required to be done within a specified number 
of clear days before or after a specified date, at least that number of days 
shall intervene between the day on which the act is done and that date.
3.(1)The fees specified in the First Schedule are payable to the 
Controller in respect of the matters specified in that Schedule. 
(2)Any fee in the First Schedule shall be paid at the same time as 
the filing of the matter in question. 
4.(1)The Controller may refuse to accept or process any document
filed at the Intellectual Property Office that fails to comply with the Act
or these Regulations.822 Trade Marks Regulations, 2020 
Chap. 19:04 
Fees First
Schedule 
Filing of
documents (2)A document filed at the Intellectual Property Office shall–
(a)be in English; or 
(b)where the document is not in English, be accompanied by an 
English translation of the document. 
(3)A document filed at the Intellectual Property Office which is 
not filed using the electronic online system shall–
(a)be filed using durable paper; and 
(b)be in writing that is legible and permanent. 
(4)Where the Controller refuses to accept any document that does 
not comply with subregulation (2) or (3), the Controller shall give the 
applicant a notice stating the manner in which the document does not
comply with subregulation (2) or (3), as the case may be. 
(5)Where any document filed at the Intellectual Property Office is 
a copy, the Controller may –
(a)decide whether to accept or process the document; and 
(b)require the original to be filed with the Intellectual Property 
Office within one month.
(6)The Controller may require the filing of a hard copy of a 
document filed using the electronic online system.
5.(1)The Controller shall publish on the Intellectual Property 
Office’s website and in the Trade Marks Journal–
(a)the approved forms to be used for any purpose relating to the 
registration of a trade mark or any other proceedings before 
the Controller under the Act;
(b)the Controller’s directions relating to the use of an approved 
form; and 
(c)any amendment or modification of any approved form or 
direction.
(2)An approved form may be modified on the direction of the 
Controller –
(a)for use in a case other than the case for which it is intended; 
(b)for carrying out any transaction by means of the electronic 
online system; or 
(c)for any other purpose that the Controller considers 
necessary .Trade Marks Regulations, 2020 823 
Forms (3)The Controller may accept, in lieu of an approved form, any 
other document which is filed with the Intellectual Property Office for any 
purpose for which the approved form was published, if the document–
(a)complies with regulation 4(2) and every direction of the 
Controller relating to the use of the approved form; and 
(b)is in a format that is acceptable to the Controller.
(4)Any reference in these Regulations to a numbered form shall
be construed as a reference to the current version of the approved form 
bearing the corresponding number which is –
(a)described in the Second Schedule; and 
(b)published in the Trade Marks Journal.
6.Subject to any directions that may be given by the Controller, all
forms, notices and other documents required or authorized by the Act or 
these Regulations to be given or sent to, filed with or served on the 
Controller, other than by means of the electronic online system, shall be 
given, sent, filed or served using letter size paper.
7.(1)A document to be signed for or on behalf of a partnership shall
be signed by –
(a)any partner or associate or secretary or senior officer stating 
that he signs on behalf of the partnership; or 
(b)any other person who satisfies the Controller that he is 
authorised to sign the document on behalf of the partnership.
(2)A document to be signed for or on behalf of a body corporate 
shall be signed by a director or secretary or other senior officer of the body 
corporate, or by any other person who satisfies the Controller that he is 
authorised to sign the document on behalf of the body corporate.
(3)A document to be signed by or on behalf of an unincorporated 
body or association of persons may be signed by any person who appears 
to the Controller to be authorised to sign.
(4)For the purposes of this regulation, “document” means a 
document to be given or sent to, filed with or served on the Controller in 
respect of any matter under the Act or these Regulations.
8.(1)Where the Act or these Regulations authorise or require any 
document to be given or sent to, filed with or served on the Controller or 
Intellectual Property Office, the giving, sending, filing or service may be 
effected on the Controller or Intellectual Property Office by –
(a)personal delivery;
(b)facsimile transmission, where the original of the document
transmitted is filed with the Controller within one month of
the transmission; or 824 Trade Marks Regulations, 2020 
Size of
documents Second 
Schedule 
Signature of
documents 
Service of
documents (c)electronic communication, by sending an electronic 
communication of the document using the electronic online 
system. 
(2)Where the Act or these Regulations authorise or require any 
document to be given or sent to or served on any party other than the 
Controller or Intellectual Property Office, the giving, sending or service 
may be effected on that party by –
(a)sending the document by personal delivery;
(b)facsimile transmission, where the original of the document
transmitted shall be sent or served within one month of the 
transmission; or 
(c)electronic communication.              
(3)Where the Act or these Regulations authorise or require any 
notice or other document to be given or sent to or served on any party by 
the Controller or Intellectual Property Office, the Controller or Intellectual
Property Office may effect the giving, sending or service on the party –
(a)by sending the notice or other document by personal
delivery;
(b)by sending the notice or other document by facsimile 
transmission where the original of the document so 
transmitted is sent to or served by the Controller within one 
month of such transmission; or 
(c)by electronic communication, by sending an electronic 
communication of the notice or other document using the 
electronic online system.
(4)Where any person has attempted to send any document by 
facsimile transmission under subregulation (1), the date of transmission 
of an application for registration transmitted by facsimile transmission 
shall be the date of application, where the original of the application is 
received by the Controller within one month.
(5)Notwithstanding the availability of an address for service filed 
in accordance with regulation 10, where any notice or other document to 
be given, sent or served by the Controller or Intellectual Property Office,
is sent to a person by electronic communication using the electronic online 
system under subregulation (3)(c), it shall be taken to have been duly 
given, sent to or served on the person. 
(6)Service of any notice or other document under the Act or these 
Regulations on a person by electronic communication using the electronic 
online system may be effected only if the person is registered as an 
account holder in accordance with regulation 77.Trade Marks Regulations, 2020 825 (7)This regulation shall not apply to notices and documents to be 
served in proceedings in court.
(8)For the purpose of this regulation, “personal delivery” includes 
delivery by hand or by post.
9.(1)Where a person is, by the Act or these Regulations, required to 
furnish the Controller with an address, the address furnished shall be as 
full as possible for the purpose of enabling a person to find easily the place 
of business of the person whose address is given. 
(2)The Controller may require the address to include the name of
the street, the number of the block of building, the number of the premises 
or name of premises, if any, and the postal code.
10.(1)For the purposes of any proceedings before the Controller, an 
address for service in Trinidad and Tobago shall be filed in accordance 
with subregulation (2) or (5) by or on behalf of–
(a)an applicant for registration of a trade mark;
(b)a person opposing an application for registration of a trade 
mark;
(c)an applicant applying to the Controller under section 23 of
the Act for the revocation of registration of a trade mark,
under section 24 of the Act for a declaration of invalidity of
the registration of a trade mark, or under section 85 of the 
Act for the rectification of the Register;
(d)every person granted leave to intervene under regulation 58;
(e)every proprietor of a registered trade mark which is the 
subject of an application to the Controller for the revocation 
of the registration of the mark, a declaration of invalidation 
of the registration, or the rectification of the Register; and 
(f)every other party to any proceedings before the Controller. 
(2)Where a form is required to be filed under these Regulations 
for any matter in relation to the proceedings, being a form, which requires 
the furnishing of an address for service, the address for service shall be 
filed on that form. 
(3)The filing of an address for service in accordance with 
subregulation (2) shall be effective only for the matter for which the form 
is filed. 826 Trade Marks Regulations, 2020 
Furnishing of
address 
Address for 
service (4)Notwithstanding subregulation (3)–
(a)where the address for service is filed on Form TM 2 or TM 12,
the filing of the address for service shall be effective for the 
purposes of all proceedings in respect of the trade mark in 
relation to which that form is filed;
(b)where the address for service is filed on Form TM 6, TM17 or 
TM 18, the filing of the address for service shall be effective 
for the purposes of the proceedings in relation to which that
form is filed; and 
(c)where the address for service is filed on Form TM 9 or TM 13,
the filing of the address for service shall be effective for the 
purposes of all renewal applications or proceedings in respect
of the trade mark in relation to which that form is filed. 
(5)In a case where subregulation (2) or (4) does not apply, the 
address for service shall be filed on Form TM 1. 
(6)Where an address for service is not filed as required by 
subregulation (1), the Controller may send to the person concerned notice 
to file an address for service within two months from the date of the 
notice and if that person fails to do so –
(a)in the case of an applicant referred to in sub-regulation (1)(a)
or (c), the application shall be treated as withdrawn;
(b)in the case of a person referred to in subregulation (1)(b)or 
(d), he shall be deemed to have withdrawn from the 
proceedings in question; and 
(c)in the case of the proprietor referred to in sub-regulation (1)(e)
or a party referred to in subregulation (1)(f), he shall not be 
permitted to take part in the proceedings in question.
(7)An application requesting the Controller to alter an address 
for service shall be made on Form TM 1. 
(8)Anything sent to, or served on, a person at his address for 
service shall be taken to have been duly sent to, or served on, the person. 
(9)Subject to any filing to the contrary under subregulation (1) or 
(7) or regulation 42, the Controller –
(a)may treat the address for service of an applicant for 
registration of a trade mark as that of the proprietor upon 
registration of that trade mark; and 
(b)may treat the trade or business address in Trinidad and 
Tobago of a person as his address for service.Trade Marks Regulations, 2020 827 828 Trade Marks Regulations, 2020 
11.(1)The Controller, in dealing with any matter under the Act or 
these Regulations in respect of which a person has been authorised to act
as an agent on behalf of another, may require the personal signature of
either the agent or his senior officer.
(2)The Controller may, by notice in writing sent to an agent,
require the agent to produce evidence of his authority.
(3)Where a person who has become a party to any proceedings 
before the Controller appoints an agent for the first time or substitutes 
one agent for another, the newly appointed agent shall file with the 
Controller in Form TM 1 his name together with an address for service in 
Trinidad and Tobago.
(4)Regulations 10(2) to (5) and (7) shall, with the necessary 
modifications, apply in relation to the filing by an agent of his name and 
address for service under subregulation (3).
(5)Where there is a change in the name or address for service of
an agent or both and the agent remains the same legal entity after such 
change, the agent may file one Form TM 1 in respect of such change in 
name or address for service or both for all the matters under the Act for 
which the agent has been appointed.
(6)Any act required or authorised by the Act in connection with 
the registration of a trade mark, or any procedure relating to a registered 
trade mark, may not be done by or to the newly appointed agent referred 
to in subregulation (3) until he has complied with that subregulation or,
in the case of a change in the name or address for service of the agent or 
both, until he has filed Form TM 1 in respect of such change. 
PART  II
REGISTRATION OF TRADE MARKS 
Division 1 –Registrability of Trade Marks 
12.The Controller shall refuse to register a trade mark which consists 
of or contains any representation of the President or any colourable 
imitation thereof.
13.The Controller shall refuse to register a trade mark which consists 
of or contains –
(a)any representation of the National Emblems, or of any crest,
armorial bearing, insignia, or device so nearly resembling 
any of the foregoing as to be likely to be mistaken for them;Agents 
Representation 
of President
Trinidad and 
Tobago 
National
Emblems, etc.Trade Marks Regulations, 2020 829 
(b)the words “Trinidad and Tobago Government”, or any word,
letter or device if used in such a manner as to be likely to lead 
persons to think that the applicant either has or recently has 
had the Trinidad and Tobago Government’s patronage or 
authorisation, whether or not such be the case; or 
(c)the words “Red Cross” or “Geneva Cross”, any 
representation of the Red Cross or Geneva Cross, any 
representation of the Swiss Federal cross in white on a red 
background or silver on a red background, or any 
representation similar to any of the foregoing,
unless it appears to the Controller that consent to its registration and use 
of the person or authority entitled to give consent has been obtained. 
14.(1)Where a representation of the name, initials, abbreviation of
the name, armorial bearings, state emblems, insignia, official signs,
orders of chivalry, decorations, flags or devices of any state, settlement,
city, borough, town, place, society, body corporate, government body,
statutory board, institution or person appears on a trade mark which is 
the subject of an application for registration, the Controller, before 
proceeding to register the mark, may require the applicant to furnish the 
Controller with the consent to the registration and use of the matter in 
question of such official or other person as appears to the Controller to be 
entitled to give consent.
(2)The Controller shall refuse to register the mark if no such 
consent is furnished within the time specified by the Controller. 
Division 2 –Application for Registration 
15.An application for the registration of a trade mark shall be made 
on Form TM 2 (referred to in this Part as “the application form”) and shall
contain a clear indication of the nature of the mark.
16.(1)The applicant shall provide a clear and durable representation 
of the mark in the space provided for that purpose in the application form. 
(2)Where the representation exceeds the space in size, the 
representation shall be provided on a separate sheet of paper to be 
annexed to the application form.
(3)Where an application is for the registration of a series of trade 
marks, a representation of each trade mark in the series shall be provided 
in the application form.Application for 
registration 
Representation 
of trade marks Registration of
mark 
consisting of
armorial
bearings, etc.(4)Where the Controller reasonably believes that the 
representation provided by the applicant does not sufficiently show the 
particulars of the mark or does not allow all features of the mark to be 
properly examined, the Controller may, by notice in writing, require the 
applicant to provide, within such time as the Controller may specify in the 
notice, any or all of the following:
(a)another representation of the mark consisting of a single 
view of the mark or of several different views of the mark;
(b)a description of the mark expressed in words;
(c)such other information as the Controller may require.
(5)The Controller may at any time, if dissatisfied with any 
representation of a trade mark, require another representation 
satisfactory to him to be filed before proceeding with the application, and 
the applicant shall substitute the representation by filing with the 
Controller Form TM 16. 
17.(1)Subject to the provisions of this regulation, an application for 
registration of a trade mark (referred to in this regulation as the original
application) may, at the request of the applicant made on Form TM 4 at
any time after the date of the original application but before the 
registration of the trade mark, be divided into two or more separate 
applications for registration of the trade mark.
(2)Where the original application is made in respect of two or 
more goods or services, a request under subregulation (1) may be made to 
divide the original application into two or more separate applications, each 
in respect of–
(a)one or more classes of those goods or services, being classes 
of goods or services to which the original application relates;
or 
(b)one or more of those goods or services included in one or 
more of the classes of goods or services to which the original
application relates. 
(3)Where the applicant makes a request under subregulation (1),
the request shall contain, for each separate application and each class of
goods or services in respect of which that separate application is made, a 
specification in accordance with regulation 19 setting out the goods or 
services to which that separate application relates.
(4)Upon the division of the original application into two or more 
separate applications –
(a)each separate application shall have the same date as the 
original application;830 Trade Marks Regulations, 2020 
Division of
application for 
registration (b)any notice of opposition to the registration of any trade mark 
which is a subject of the original application shall–
(i)if the notice relates only to some, but not all, of the 
goods or services in respect of which the original
application is made, be treated as having been given 
in relation only to each separate application made 
in respect of any of the goods or services to which the 
notice relates; or 
(ii)subject to subparagraph (i), be treated as having 
been given in relation to all of the separate 
applications, and the opposition proceedings shall
continue as if the notice had been so given; and 
(c)any notice given to the Controller under section 43(3) of the 
Act shall–
(i)if the notice relates only to some (but not all) of the 
goods or services in respect of which the original
application is made, be treated as having been given 
in relation only to each separate application made 
in respect of any of the goods or services to which the 
notice relates; or 
(ii)subject to subparagraph (i), be treated as having 
been given in relation to all of the separate 
applications. 
18.(1)Where a right of priority is claimed by reason of an application 
for the registration of a trade mark filed in a Convention country under 
section 11 of the Act or in another country or territory in respect of which 
provision corresponding to that set out in section 11 of the Act is made 
under section 12 of the Act (referred to in this regulation as “the priority 
application”), particulars of that claim shall be included in the application 
form at the time of filing the application form.
(2)The particulars referred to in subregulation (1) are –
(a)the country or territory in which –
(i)the priority application; or 
(ii)where there is more than one priority application,
each priority application, 
was filed;
(b)the date on which –
(i)the priority application; or 
(ii)where there is more than one priority application,
each priority application, 
was filed; Trade Marks Regulations, 2020 831 
Claim to 
priority (c)where the right of priority is claimed in respect of one or 
more, but not all of the goods or services for which 
registration was sought in the priority application, the goods 
or services in respect of which the right of priority is claimed;
and 
(d)where the right of priority is claimed through more than one 
priority application, the goods or services in respect of which 
the right of priority is claimed through each priority 
application. 
(3)The Controller may require the applicant, who claims priority 
in accordance with regulation 18(1) and (2) to furnish the certified copy of
the application for the priority of which is claimed within three months 
from the filing date of the present application verifying to the satisfaction 
of the Controller –
(a)the date of filing of the priority application;
(b)the country or territory, or the registering or competent
authority;
(c)the representation of the mark; and 
(d)the goods and services covered by the priority application.
(4)Where the certified copy referred to in subregulation (3) is not
in the English language, there shall be annexed to the certified copy a 
translation in English of the contents of the certified copy certified or 
verified to the satisfaction of the Controller.
19.(1)Goods and services shall be classified for the purposes of the 
registration of trade marks in accordance with the International
Classification as in force on the date of the application for registration of
the trade mark.
(2)Every application shall contain, for each class of goods or 
services to which the application relates –
(a)the class number as set out in the International
Classification as in force on the date of that application; and 
(b)a specification of those goods or services which –
(i)is appropriate to that class;
(ii)is described in such a manner as to indicate clearly 
the nature of those goods or services; and 
(iii)complies with any other requirement of the 
Controller.832 Trade Marks Regulations, 2020 
Specification (3)An application may be made in respect of more than one class 
of goods or services as set out in the International Classification as in force 
on the date of that application, and in such a case, the specification shall
set out the classes in consecutive numerical order and list under each class 
the goods or services to which the application relates.
20.(1)Where a trade mark contains or consists of a word or words in 
characters other than Roman, or in a language other than English, there 
shall, unless the Controller otherwise directs, be endorsed on the 
application form –
(a)a translation and, if the case requires, a transliteration, in 
English, of each word and of the words taken together as a 
whole to the satisfaction of the Controller; and 
(b)the language to which each word belongs. 
(2)The Controller may, at any time, require a copy of the 
translation or transliteration, certified or verified to the satisfaction of the 
Controller, to be filed with the Controller.
21.(1)Where an application for registration of a trade mark does not
satisfy any requirement under section 5(2) or (3) of the Act, the Controller 
shall send the applicant a notice requiring the applicant to remedy the 
deficiency.
(2)Where the Controller has sent the applicant a notice under 
subregulation (1), the applicant shall remedy all deficiencies set out in the 
notice within six months from the date of the notice or the application 
shall be treated as withdrawn.
(3)In accordance with section 5(4) of the Act, an application for 
registration of a trade mark shall not be treated as made unless –
(a)all the requirements under section 5(2) of the Act have been 
satisfied; and 
(b)all the fees payable under section 5(3) of the Act–
(i)have been paid; or 
(ii)are treated by the Controller as paid. 
(4)Subject to subregulation (1), where an application for regis -
tration does not comply with regulation 15(1) or 19(2)(a), the Controller 
shall send the applicant a notice requiring the applicant to remedy the 
deficiency.
(5)If the applicant fails to remedy all deficiencies set out in the 
notice under subregulation (4) within six months from the date of the 
notice, the application shall be treated as withdrawn. Trade Marks Regulations, 2020 833 
Translation 
and 
transliteration 
Deficiencies in 
application Division 3 –Amendment of Application 
22.(1)An application to amend an application for registration shall
be made on –
(a)Form TM 14, if it is made to correct or change the name or 
other particulars of the applicant, and the change does not
affect the representation of the trade mark;
(b)Form TM 15, if paragraph (a) does not apply and the 
amendment, or any of the amendments, pertains to –
(i)the  class  number  or  specification  of  any goods or 
services to which  the application for registration 
relates; or 
(ii)the particulars of any claim to a right of  priority 
included in the application for registration; or      
(c)Form TM 16, if subparagraphs (a) and (b) do not apply. 
(2)Before acting on an application to amend an application for 
registration, the Controller may require the applicant to furnish such proof
as the Controller thinks fit.
23.(1)Where an application is made for an amendment of an 
application for registration which has been published, and the amendment
affects the representation of the trade mark or the goods or services 
covered by the application for registration, the amendment or a statement
of the effect of the amendment shall also be published.
(2)Any person who wishes to oppose the amendment shall, within 
three months from the date of publication of the amendment or statement
referred to in subregulation (1), file with the Controller a notice of
opposition to the amendment in Form TM 6.
(3)The notice of opposition shall contain a statement of the 
grounds upon which the person opposes the amendment, including, where 
relevant, how the amendment would be contrary to section 15(3) of the 
Act.
(4) Regulations 26 and 28 to 38 shall apply with the necessary 
modifications to any proceedings arising from the notice of opposition.
(5) For the purposes of the application of the regulations referred 
to in subregulation (4)–
(a)any reference to the application for registration shall be read 
as a reference to the application for amendment referred to in 
subregulation (1);834 Trade Marks Regulations, 2020 
Amendment of
application 
Amendment of
application 
after 
publication (b)any reference to the date of publication of the application for 
registration shall be read as a reference to the date of
publication of the amendment or statement referred to in 
subregulation (1);
(c)any reference to the notice of opposition shall be read as a 
reference to the notice of opposition referred to in 
sub-regulations (2) and (3); and 
(d)any reference to the opponent shall be read as a reference to 
the person referred to in subregulations (2) and (3). 
Division 4 –Examination of Application for Registration 
24.(1)If, in the course of an examination of an application for 
registration, it appears to the Controller that the requirements for 
registration are not met or that additional information or evidence is 
required to meet those requirements, the Controller shall give a written 
notice of this to the applicant.
(2)If, within three months from the date of the written notice of
the Controller, the applicant fails to –
(a)make representations in writing;
(b)apply to the Controller for a hearing;
(c)apply to amend the application; or 
(d)furnish the additional or any other information or evidence,
the application shall be treated as withdrawn. 
(3)If the applicant requests a hearing to make representations,
the Controller shall give notice to the applicant of a date on which he will
hear the applicant’s arguments.
(4)For the purposes of the hearing, the applicant shall file with 
the Controller his written submissions and bundle of authorities at least
fourteen days before the date of the hearing.
(5)The decision of the Controller, in respect of the representations 
of the applicant given either during the hearing or in writing, shall be 
communicated to the applicant in writing or in such other manner as the 
Controller thinks fit.
(6)Where the applicant wishes to appeal against the decision of
the Controller –
(a)the applicant  shall, within  one month from the date of  the 
decision, by filing Form TM 3 with the Controller, request
the Controller to state the Controller’s grounds of decision;
and Trade Marks Regulations, 2020 835 
Examination 
report and 
applicant’s 
response (b)the Controller shall, within two months from the date of the 
request, send the grounds of decision to the applicant. 
(7)The date on which the Controller’s grounds of decision are sent
to the applicant shall be deemed to be the date of the Controller’s decision 
for the purpose of an appeal to the High Court. 
Division 5 –Publication 
25.(1)An application which has been accepted for registration shall
be published in the Trade Marks Journal at such times and in such 
manner as the Controller may direct.
(2)In the case of an application with which the Controller 
proceeds only after the applicant has lodged the written consent to the 
proposed registration of the proprietor of, or the applicant for the 
registration of, another trade mark, the words “By Consent” and the 
number of that other mark shall appear in the publication.
(3)In the case of an application for the registration of a series of
trade marks, the Controller may, if he thinks fit, publish, together with 
the publication of the application, a statement of the manner in which the 
several trade marks differ from one another. 
Division 6 –Opposition to Registration 
26.A person (referred to in this Division as “the opponent”) may,
within three months from the date of publication of the application for 
registration, file with the Controller a notice opposing the registration in 
Form TM 6 (referred to in this Division as a “notice of opposition”) and 
shall forthwith serve a copy of the notice of opposition on the applicant.
27.The notice of opposition shall contain a statement of the grounds 
upon which the opponent opposes the registration.
28.(1)Within two months from the date of receipt of the copy of the 
notice of opposition from the opponent, the applicant shall file with the 
Controller a counter-statement in Form TM 7 and shall forthwith serve a 
copy of the counter-statement on the opponent (referred to in this 
Division as “the counter-statement”) setting out–
(a)the grounds on which he relies as supporting his application;
and 
(b)the facts alleged in the notice of opposition which he admits,
if any. 836 Trade Marks Regulations, 2020 
Publication of
applicaiton 
Notice of
opposition 
Contents of
notice of
opposition 
Counter-
statement(2)If the applicant does not comply with subregulation (1), he 
shall be deemed to have withdrawn his application, unless he obtains an 
extension of time.
(3)A request for an extension of time to file the counter-statement
shall be made by the applicant to the Controller, in writing, within two 
months from the date of receipt of the notice of opposition from the 
opponent.
(4)The total extension of time which the Controller may allow to 
file the counter-statement shall not exceed four months from the date of
receipt by the applicant of the notice of opposition.
29.(1)Within two months from the date of receipt of the 
counter-statement from the applicant, the opponent shall file with the 
Controller a statutory declaration setting out the evidence he wishes to 
adduce in support of his opposition.
(2)When the opponent files his statutory declaration with the 
Controller, the opponent shall forthwith send to the applicant a copy of
the statutory declaration.
(3)If the opponent fails to comply with subregulation (1) or (2), he 
shall be treated as having withdrawn his opposition, unless he obtains an 
extension of time.
(4)Subject to subregulation (5), a request by the opponent for an 
extension of time to file his statutory declaration shall be made to the 
Controller, in writing, within two months from the date of receipt of the 
counter-statement from the applicant.
(5)A request by the opponent for a further extension of time to 
file the statutory declaration shall be made to the Controller by filing 
Form TM 32 before the expiry of the last extended period allowed by the 
Controller under this Regulation.
30.(1)Within four months from the date of receipt by the applicant of
the copy of the opponent’s statutory declaration referred to in regulation 
29, the applicant shall file with the Controller a statutory declaration 
setting out the evidence he wishes to adduce in support of his application 
and shall forthwith send a copy of the statutory declaration to the 
opponent.
(2)If the applicant fails to comply with subregulation (1), he shall
be treated as having withdrawn his application, unless he obtains an 
extension of time.Trade Marks Regulations, 2020 837 
Evidence in 
support of
opposition 
Evidence in 
support of
application (3)Subject to subregulation (4), a request by the applicant for an 
extension of time to file his statutory declaration shall be made to the 
Controller, in writing, within two months from the date of receipt by the 
applicant of the copy of the opponent’s statutory declaration referred to in 
regulation 29.
(4)A request by the applicant for a further extension of time to 
file his statutory declaration shall be made to the Controller by filing 
Form TM 32 before the expiry of the last extended period allowed by the 
Controller under this regulation.
31.(1)Within two months from the date of receipt by the opponent of
the copy of the applicant's statutory declaration referred to in regulation 
30, the opponent shall file with the Controller a statutory declaration 
setting out his evidence in reply and shall forthwith send a copy of the 
statutory declaration to the applicant.
(2)The opponent’s statutory declaration under subregulation (1)
shall be confined to matters strictly in reply to the applicant’s statutory 
declaration referred to in regulation 30.
(3)Subject to subregulation (4), a request by the opponent for an 
extension of time to file his statutory declaration setting out his evidence 
in reply shall be made to the Controller, in writing, within two months 
from the date of receipt by the opponent of the copy of the applicant’s 
statutory declaration referred to in Regulation 30.
(4)The extension of time which the Controller may allow to file 
the opponent’s statutory declaration pursuant to a request under 
sub-regulation (3) shall not exceed six months in the first request from the 
date of receipt by the opponent of the copy of the applicant’s statutory 
declaration by filing Form TM 32.
32.No further evidence may be filed by either party except that, in 
any proceedings before the Controller, the Controller may at any time, if
he thinks fit, give leave to either party to file further evidence upon such 
terms as to costs or otherwise as the Controller may think fit.
33.(1)Where there are exhibits to any evidence filed in an opposition,
the party who is relying on the exhibits in support of his case shall, at the 
request of the other party, send a copy of each exhibit to that other party.
(2)If such copy or other original cannot conveniently be furnished,
the original shall be filed with the Controller in order that they may be 
open to inspection.838 Trade Marks Regulations, 2020 
Evidence in 
reply by 
opponent
Further 
evidence 
Exhibits 34.The original exhibits to any evidence filed in an opposition shall be 
produced at the opposition hearing unless the Controller otherwise 
directs.
35.(1)Upon completion of the filing of evidence by the parties, the 
Controller shall–
(a)give notice to the parties of a date on which he will hear 
arguments on the case; or                                                    
(b)if the parties agree, dispense with the hearing and proceed 
with the determination of the matter based on written 
submissions filed with the Controller.
(2)The parties shall file with the Controller their written 
submissions and bundles of authorities –
(a)at least one month before the date of hearing; or 
(b)at such time that the Controller directs, if the parties 
agree to dispense with the hearing in accordance with 
subregulation (1)(b); 
and shall forthwith exchange with one another their respective written 
submissions and bundles of authorities. 
(3)Any party who intends to appear at the hearing shall file with 
the Controller Form TM 8 no later than seven days before the hearing.
(4)Any party who does not file with the Controller Form TM 8 
seven days before the hearing may be treated as not desiring to be heard,
and the Controller may proceed with the hearing in the absence of that
party or may, without proceeding with the hearing, give his decision or 
make such other order as he thinks fit.
(5)If, after filing with the Controller Form TM 8, a party does not
appear at the hearing, the Controller may proceed with the hearing in the 
absence of that party, or may, without proceeding with the hearing, give 
his decision or make such other order as he thinks fit.
(6)Any decision made by the Controller pursuant to a hearing in 
which any party does not appear may, on the application of the party that
did not appear, be set aside by the Controller on such terms as he thinks 
fit.
(7)An application under this regulation to set aside any decision 
under subregulation (6) shall be made within seven days after the 
proceedings have been dismissed or after the hearing, as the case may be.Trade Marks Regulations, 2020 839 
Original
exhibits 
Opposition 
hearing 36.(1)The Controller shall, within three months from the date of the 
hearing inform the parties of his decision and the grounds for the 
decision.
(2)If the parties agree to dispense with the hearing in accordance 
with regulation 35(1)(b), the Controller shall, within three months from 
the filing of the written submissions, inform the parties of his decision and 
the grounds for the decision.
37.Where any extension of time is granted to any party, the Controller 
may, if he thinks fit, without giving the party a hearing, grant a 
reasonable extension of time to the other party in which to take any 
subsequent step.
38.Where an opposition is uncontested by the applicant, the 
Controller, in deciding whether costs should be awarded to the opponent,
shall consider whether proceedings may have been avoided if reasonable 
notice had been given by the opponent to the applicant before the notice 
of opposition was filed.
Division 7 –Registration 
39.Upon the registration of a trade mark, the Controller shall issue to 
the applicant a certificate of registration.
PART  III
REGISTER 
40.(1)There shall be entered in the Register in respect of each 
registered trade mark the following particulars: 
(a)the date of the filing of the application for registration;
(b)the actual date of registration, that is, the date of the entry 
in  the Register;
(c)the priority date, if any, accorded pursuant to a claim to a 
right to priority under section 11 or 12 of the Act;
(d)the name and address of the proprietor;
(e)the address for service;
(f)any disclaimer or limitation of rights notified to the 
Controller under regulation 41;
(g)any memorandum or statement of the effect of any 
memorandum relating to a trade mark of which the 
Controller has been notified on Form TM 30; 
(h)the goods or services in respect of which the trade mark is 
registered;840 Trade Marks Regulations, 2020 
Controller’s 
decision in 
opposition 
proceedings 
Extension of
time in 
opposition 
proceedings 
Costs in 
uncontested 
oppositions 
Certificate of
registraiton 
Entry in 
Register of
particulars of
registered 
trade mark (i)where the trade mark is a collective mark or certification 
mark, that fact; 
(j)where the trade mark is registered with the consent of the 
proprietor of an earlier trade mark or other earlier right, that
fact;  and 
(k)where the trade mark is registered pursuant to a 
transformation application, the number of the corresponding 
international registration and –
(i)the date of that international registration in 
accordance with the Madrid Protocol; or 
(ii)where the request for extension of protection to 
Trinidad and Tobago was made subsequent to that
international registration, the date of recordal of
that request in accordance with the Madrid 
Protocol.
(2)In this regulation –
“corresponding international registration”, in relation to a 
transformation application, means the international
registration referred to in the Trade Marks (International
Registration) Regulations;
“international registration” means the registration of a trade 
mark in the International Register;
“International Register” means the official collection of data 
concerning international registrations of marks maintained 
by the International Bureau of the World Intellectual
Property Organization;
“Madrid Protocol” means the Protocol relating to the Madrid 
Agreement concerning the International Registration of
Marks, adopted at Madrid on 27th June, 1989, as revised or 
amended from time to time;
“transformation application” means an application referred to in 
regulation 26(1)(b)of the Trade Marks (International
Registration) Regulations. 
41.Where the applicant for registration of a trade mark or the 
proprietor of a registered trade mark by Form TM 22 –
(a)disclaims any right to the exclusive use of any specified 
element of the trade mark; or 
(b)agrees that the rights conferred by the registration shall be 
subject to a specified territorial or other limitation, 
the Controller shall make the appropriate entry in the Register and 
publish the disclaimer or limitation. Trade Marks Regulations, 2020 841 
Registration 
subject to 
disclaimer or 
limitation 42.(1)An application by –
(a)the proprietor of a registered trade mark; 
(b)a licensee of a registered trade mark; or 
(c)any person having an interest in or charge on a registered 
trade mark registered under regulation 53, 
to change his name or address appearing in the Register shall be filed with 
the Controller on Form TM 14. 
(2)The Controller may at any time, on a request filed on Form 
TM 1 by any person who has filed an address for service under regulation 
10 or 11, change that address in the Register.
43.If an applicant for the registration of a trade mark dies after the 
date of his application and before the date the trade mark is entered in the 
Register, the Controller –
(a)after the expiration of the time referred to in regulation 26 to 
file a notice of opposition; or 
(b)after the determination of any opposition to the registration, 
may, on being satisfied that the applicant is dead, enter in the Register,
in place of the name of the deceased applicant, the name, address and 
other particulars of the person owning the trade mark, on such ownership 
being proved to the satisfaction of the Controller. 
44.(1)Before removing from the Register any matter which appears 
to the Controller to have ceased to have effect, the Controller –
(a)may, if he considers it appropriate, publish in the Trade 
Marks Journal, his intention to remove that matter; and 
(b)shall send notice of his intention to any person who appears 
to him to be likely to be affected by the removal. 
(2)Within three months from the date on which his intention to 
remove the matter is published under subregulation (1)(a), any person 
may file with the Controller a notice of opposition to the removal in 
Form TM 6.
(3)Within three months from the date on which notice of
his intention to remove the matter is sent to any person under 
subregulation (1)(b), that person may file with the Controller a notice of
opposition to the removal in Form TM 6.
(4)If the Controller is satisfied after considering any opposition to 
the removal that the matter has not ceased to have effect, he shall not
remove it.842 Trade Marks Regulations, 2020 
Application to 
change name 
or address in 
Register 
Removal of
matter from 
Register Death of
applicant
before 
registration (5)Where there has been no response to the Controller’s 
publication or notice, he may remove the matter.
(6)If the Controller is satisfied after considering any opposition to 
the removal that the entry or any part thereof has ceased to have effect,
he shall remove the entry or that part of the entry, as the case may be.
45.(1)Where the Court has certified, in accordance with section 118 
of the Act, that a registered trade mark has been validly registered, the 
proprietor of the registered trade mark may request the Controller on 
Form TM 23 to add to the entry in the Register a note that a certificate of
validity has been granted in the course of the proceedings named in the 
form.
(2)A copy of the certificate shall be sent with the request, and the 
Controller shall so note in the Register and publish the note in the Trade 
Marks Journal.
46.Any person may request from the Controller a certified copy of or 
an extract from, or an uncertified copy of or an extract from, any entry in 
the Register. 
PART  IV 
RENEWAL OF REGISTRATION OF TRADE MARK 
47.(1)Subject to subregulation (2), an application for the renewal of
registration of a trade mark shall be made no later than six months after 
the date of expiry of the registration.
(2)Where a trade mark is registered after the date on which it
becomes due for renewal by reference to the date of the application for its 
registration, an application for the renewal of its registration shall be 
made no later than six months after the actual date of its registration.
(3)An application for the renewal of registration of a trade mark 
shall–
(a)if made on or before the date of expiry of the registration, be 
in Form TM 9; or 
(b)if made within six months after the date of expiry of the 
registration, be in Form TM 13 and be accompanied by the 
additional late payment fee specified in the First Schedule. 
(4)Notwithstanding subregulation (3)(b), where –
(a)a trade mark is registered –
(i)within six months before; or 
(ii)after, 
the date on which it becomes due for renewal by reference to the date of
the application for its registration; and Trade Marks Regulations, 2020 843 
Certificate of
validity 
Extract from 
Register 
Renewal of
registration (b)an application for the renewal of its registration is made not
later than six months after the actual date of its registration, 
the application for the renewal of its registration shall be in Form TM 9. 
48.(1)Subject to subregulations (2) and (3), the Controller shall, no 
more than six months before the date of expiry of the registration of a 
trade mark, send a notice in writing to the proprietor and to the 
proprietor’s agent, notifying them of the date of expiry of the registration. 
(2)Subject to subregulation (3), where a trade mark is 
registered –
(a)within six months before; or 
(b)after, 
the date on which it becomes due for renewal by reference to the date of
the application for its registration, the Controller shall, within one month 
after the actual date of its registration, send a notice in writing to the 
proprietor –
(i)where an application for the renewal of registration 
of the trade mark has previously been made in 
accordance with regulation 47, at the address for 
service as indicated in the application; or 
(ii)in any other case, at the proprietor’s address for 
service, 
notifying him of the date of expiry of its registration.
(3)The Controller need not send any notice referred to in 
subregulation (1) or (2) if an application for the renewal of registration of
the trade mark has been made in accordance with regulation 47.
49.(1)If, in the course of an examination of an application for renewal
of registration, it appears to the Controller that the application is not in 
order, the Controller shall give written notice of this to the applicant.
(2)If the applicant fails to –
(a)respond in writing to the Controller on the notice; or 
(b)comply with any requisition of the Controller set out in the 
notice, 
within the time specified in the notice, the Controller may treat the 
application as having been withdrawn. 
(3)If the applicant wishes to have an extension of time to do any 
act referred to in subregulation (2)(a) or (b), he shall file with the 
Controller a request for an extension of time in Form TM 31 before the 
expiry of the time specified in the notice or any extended period previously 
allowed by the Controller. 844 Trade Marks Regulations, 2020 
Notice of
renewal
Notice of non-
compliance 50.The Controller may remove a trade mark from the Register if–
(a)no application for the renewal of registration of the trade 
mark is filed in accordance with regulation 47; or 
(b)where an application for the renewal of registration of the 
trade mark is filed in accordance with regulation 47, the 
applicant for the renewal of registration –
(i)fails to comply with any direction of the Controller 
relating to the renewal; or 
(ii)notifies the Controller that he wishes to withdraw 
or abandon the application.
51.(1)An application for restoration of a trade mark which has been 
removed from the Register under regulation 50 shall be filed with the 
Controller on Form TM 11 within six months from the date of the removal
of the trade mark from the Register.
(2)The application for restoration filed on Form TM 11 shall
contain a statement of the reasons for the failure to renew the registration.
(3)The Controller may, in any case, require the applicant for 
restoration to furnish such additional evidence or information, by 
statutory declaration or otherwise, as he thinks fit, within such time as the 
Controller may specify.
(4)The Controller may restore the trade mark to the Register and 
renew its registration if he is satisfied that it is just to do so, and upon 
such conditions as he may think fit to impose. 
PART  V 
REGISTRABLE TRANSACTIONS 
52.(1)The prescribed particulars of a transaction to which section 41 
of the Act applies to be entered in the Register are –
(a)in  the  case of an  assignment  of a registered trade mark or 
any right in it–
(i)the name and address of the subsequent proprietor; 
(ii)the date of the assignment; and 
(iii)where the assignment is in respect of any right in 
the trade mark, a description of the right assigned; 
(b)in the case of the grant of a licence under a registered trade 
mark –
(i)the name and address of the licensee; 
(ii)where the licence is an exclusive licence, that fact; Trade Marks Regulations, 2020 845 
Removal of
trade mark 
from Register 
Restoration of
registration 
Entry in 
Register of
particulars of
registrable 
transactions (iii)where the licence is limited, a description of the 
limitation; and 
(iv)the duration of the licence if the same is, or is 
ascertainable as, a definite period; 
(c)in the case of the grant of any security interest over a 
registered trade mark or any right in or under it–
(i)the name and address of the grantee;
(ii)the nature of the interest, whether fixed or floating;
and 
(iii)the extent of the security and the right in or under 
the trade mark secured; 
(d)in the case of the making by personal representatives of an 
assent in relation to a registered trade mark or any right in 
or under it–
(i)the name and address of the person in whom the 
trade mark or any right in or under it vests by virtue 
of an assent; and 
(ii)the date of the assent; and 
(e)in the case of an order of the Court or other competent
authority transferring a registered trade mark or any right in 
or under it–
(i)the name and address of the transferee; 
(ii)the date of the order; and 
(iii)where the transfer is in respect of a right in the 
trade mark, a description of the right transferred. 
(2)In each of the cases mentioned in subregulation (1), there shall
be entered in the Register the date on which the entry is made.
53.(1)An application to register particulars of a transaction to which 
section 41 of the Act applies shall be made, and a notice to be given to the 
Controller of particulars of a transaction to which section 43 of the Act
applies shall be –
(a)in the case of any assignment or transaction, other than 
a transaction referred to in paragraphs (b)to (f), on 
Form TM 12;
(b)in the case of the grant of a licence, on Form TM 24;
(c)in the case of an amendment to a licence, on Form TM 25; 
(d)in the case of a termination of a licence, on Form TM 26; 
(e)in the case of the grant, amendment or termination of any 
security interest, on Form TM 30; and 846 Trade Marks Regulations, 2020 
Application to 
register or 
give notice of
transaction (f)in the case of the making by personal representatives of an 
assent in relation to, or of an order of the Court or other 
competent  authority transferring, a registered trade mark,
an application for registration of a trade mark, or any right
in or under a registered trade mark or an application for 
registration of a trade mark, on Form TM 10. 
(2)Where an application under subregulation (1) is filed other 
than by means of the electronic online system, the application shall be –
(a)signed by or on behalf of all the parties to the assignment or 
transaction, in the case of an assignment or transaction 
referred to in subregulation (1)(a);
(b)signed by or on behalf of the personal representative, in the 
case of the making by a personal representative of an assent
referred to in subregulation (1)(f);
(c)accompanied by any documentary evidence which, in the 
Controller’s view, is sufficient to establish the transaction, in 
the case of an order of the Court or other competent
authority referred to in subregulation (1)(f); and 
(d)signed by or on behalf of the grantor of the licence or security 
interest, in any other case. 
(3)Where an application under subregulation (1) is filed by means 
of the electronic online system, the application shall be authorised by all
relevant parties and be validated by such means as the Controller 
considers fit.
(4)Where an application under subregulation (1) is not signed in 
accordance with subregulation (2)(a), (b) or (d), or not authorised and 
validated in accordance with subregulation (3), the application shall be 
accompanied –
(a)in the case of an assignment, of a registered trade mark or an 
application for registration of a trade mark, referred to in 
subregulation (1)(a), at the option of the applicant, by –
(i)a certified copy of the contract of assignment;
(ii)a certified extract of the contract of assignment,
being an extract, which shows the change in the 
ownership of the registered trade mark or 
application for registration;
(iii)a certificate of transfer of the registered trade mark 
or application for registration in such form as the 
Controller may require, being a certificate signed by 
all parties to the assignment;Trade Marks Regulations, 2020 847 (iv)a transfer document relating to the registered trade 
mark or application for registration in such form as 
the Controller may require, being a document signed 
by all parties to the assignment; or 
(v)a certified copy of any documentary evidence which 
in the Controller’s view is sufficient to establish the 
assignment; 
(b)in the case of a grant of a licence, under a registered trade 
mark or an application for registration of a trade mark,
referred to in subregulation (1)(b), at the option of the 
applicant, by –
(i)a certified extract of the licence contract, being an 
extract which shows the parties to the contract and 
the rights which are licensed under the contract;
(ii)a statement of the licence containing such 
information as the Controller may require, being a 
statement signed by both the person granting the 
licence and the licensee; or 
(iii)a certified copy of any documentary evidence which 
in the Controller’s view is sufficient to establish the 
grant of the licence; 
(c)in the case of an amendment to, or a termination of, a licence,
under a registered trade mark or an application for 
registration of a trade mark referred to in subregulation (1)(c)
or (d), at the option of the applicant, by –
(i)a statement of the amendment or termination of the 
licence, as the case may be, containing such 
information as the Controller may require, being a 
statement signed by both the person granting the 
licence and the icensee; or 
(ii)a certified copy of any documentary evidence which 
in the Controller’s view is sufficient to establish the 
amendment or termination of the licence, as the case 
may be; or 
(d)in any other case, by a certified copy of any documentary 
evidence which in the Controller’s view is sufficient to 
establish the transaction. 
(5)Where an application under subregulation (1) is filed by 
means of the electronic online system, the document referred to in 
subregulation (4)(a)(i), (ii), (iii), (iv) or (v) shall be filed within such time 
as the Controller may specify.848 Trade Marks Regulations, 2020 (6)The Controller shall refuse to accept an application under 
subregulation (1) if subregulation (2), (3), (4) or (5) is not complied with 
and in such event, the Controller may require a fresh application to be 
made.
(7)The Controller may require the applicant to furnish such other 
document, instrument and information in support of the application as 
the Controller thinks fit, within such time as the Controller may specify.
(8)If the applicant wishes to have an extension of time to comply 
with the requirement referred to in subregulation (7), he shall file with 
the Controller a request for an extension of time in Form TM 31 before 
the expiry of the time specified by the Controller or any extended period 
previously allowed by the Controller.
(9)Where the transaction is effected by an instrument chargeable 
with duty, the application shall be subject to the Controller being satisfied 
that the instrument has been duly stamped. 
PART  VI
ALTERATION OF REGISTERED TRADE MARK 
54.(1)The proprietor of a registered trade mark may apply to the 
Controller on Form TM 16 for such alteration of his mark as is permitted 
under section 21 of the Act.
(2)The proprietor shall provide to the Controller such evidence in 
respect of the application as the Controller may require.
(3)Where the Controller proposes to allow such alteration, he 
shall publish the mark as altered in the Trade Marks Journal.
(4)Any person claiming to be affected by the alteration may,
within three months from the date of the publication of the alteration, file 
with the Controller a notice of opposition to the alteration in Form TM 6.
(5)The notice of opposition shall contain a statement of the 
grounds upon which the person opposes the alteration, including, where 
relevant, how the alteration would be contrary to section 21(2) of the Act.
(6)Regulations 26 and 28 to 38 shall apply, with the necessary 
modifications, to any proceedings arising from the notice of opposition.Trade Marks Regulations, 2020 849 
Application to 
alter 
registered 
trade mark (7)For the purposes of the application of the regulations referred 
to in subregulation (6)–
(a)any reference to the applicant shall be read as a reference to 
the proprietor;
(b)any reference to the application for registration shall be read 
as a reference to the application for alteration referred to in 
subregulation (1); 
(c)any reference to the date of publication of the application for 
registration shall be read as a reference to the date of
publication of the alteration;
(d)any reference to the notice of opposition shall be read 
as a reference to the notice of opposition referred to in 
subregulation (4); and 
(e)any reference to the opponent shall be read as a reference to 
the person referred to in subregulation (4).
PART  VII
REVOCATION ,  INVALIDATION ,  R ECTIFICATION AND CANCELLATION 
55.(1)An application to the Controller for –
(a)the  revocation of  the registration of  a  trade mark under 
section 23 of the Act; or 
(b)a declaration of invalidity of the registration of a trade mark 
under section 24 of the Act, shall be made on Form TM 17. 
(2)An application to the Controller for the rectification of an error 
or omission in the Register under section 85 of the Act shall be made –
(a)in the case of an application by the proprietor of a registered 
trade mark to amend any information in the Register 
relating to that trade mark, on –
(i)Form TM 14, if the amendment pertains to the name 
or other particulars of the proprietor;
(ii)Form TM 15, if subparagraph (i) does not apply and 
the amendment, or any of the amendments, pertains 
to –
(A)the class number or specification of any 
goods or services; or 
(B)the particulars of any claim to a right of
priority; or 
(iii)Form TM 16, if subparagraphs (i) and (ii) do not
apply; or 850 Trade Marks Regulations, 2020 
Application for 
revocation,
declaration of
invalidity and 
rectification (b)in  the case of an  application by  any other  person to  amend 
any information   in  the  Register  relating  to  that   trade 
mark, on Form TM 17.
(3)The application shall be accompanied by a statement of the 
grounds on which the application is made.
(4)The applicant shall, if he is not the proprietor of the registered 
trade mark, serve a copy of the application and statement on the 
proprietor or the agent on record forthwith as he files these documents 
with the Controller.
56.(1)Within two months from the date of receipt of the copies of the 
application and statement from the applicant, the proprietor may file with 
the Controller a counter-statement in Form TM 7 setting out–
(a)the grounds on which he relies as supporting his 
registration; and 
(b)the facts alleged in the application which he admits, if any. 
(2)The proprietor or the agent on record shall serve on the 
applicant a copy of the counter-statement forthwith as he files the 
counter-statement with the Controller.
(3)In the case of an application for revocation of the registration 
of a trade mark on the ground referred to in section 23(1)(a)or (b) of the 
Act, the proprietor shall file, together with the counter-statement,
evidence of the use by him of the trade mark, and shall also serve this on 
the applicant forthwith.
(4)A request for an extension of time to file the counter-statement
shall be made by the proprietor to the Controller in writing within two 
months from the date of receipt of the copies of the application and 
statement.
(5)The total extension of time which the Controller may allow to 
file the counter-statement shall not exceed four months from the date of
receipt by the proprietor of the copies of the application and statement.
(6)In the case of an application for revocation on the ground 
referred to in section 23(1)(a)or (b)of the Act, the application shall be 
granted where no counter-statement has been filed within the time 
allowed.Trade Marks Regulations, 2020 851 
Counter-
statement57.(1)Upon an application being made under regulation 55 and a 
counter-statement being filed under regulation 56, regulations 29 to 38 
shall apply, with the necessary modifications, to further proceedings 
thereon except that, in the case of an application for revocation on the 
ground of non-use under section 23(1)(a)or (b)of the Act, the application 
shall be granted where no evidence of use has been filed under regulation 
56(3).
(2)For the purposes of the application of regulations 29 to 38 –
(a)references in those regulations to the applicant shall be 
treated  as references to the proprietor;
(b)references in those regulations to the application shall be 
treated as references to the proprietor’s registration;
(c)references in those regulations to the opponent shall be 
treated as references to the applicant for revocation or a 
declaration of   invalidity of the registration; and 
(d)the reference in regulation 30(2) to the withdrawal of the 
application shall be treated as a reference to the admission by 
the proprietor to the facts alleged by the applicant in his 
application for revocation or a declaration of invalidity of the 
registration.
58.(1)Any person, other than the registered proprietor, claiming to 
have an interest in a registered trade mark which is the subject of
an application under regulation 55 may apply to the Controller on 
Form TM 18 for leave to intervene.
(2)The Controller may, after hearing the parties concerned if he 
so required, refuse leave to intervene, or grant leave to intervene upon 
such terms, including any undertaking as to costs, as he thinks fit.
(3)Any person granted leave to intervene shall, subject to the 
terms and conditions imposed in respect of the intervention, be treated as 
a party to the proceedings in question.
59.(1)The proprietor may cancel his registered trade mark by filing 
with the Controller –
(a)a notice in Form TM 20 if the cancellation relates to all the 
goods or services in respect of which the trade mark is 
registered; or 
(b)a notice in Form TM 21 if the cancellation does not relate to 
all the goods or services in respect of which the trade mark is 
registered.852 Trade Marks Regulations, 2020 
Further 
procedure 
Intervention 
by third 
parties 
Application to 
cancel
registered 
trade mark or 
registration in 
relation to 
certain goods 
or services (2)A notice under subregulation (1) shall have no effect unless the 
proprietor in that notice –
(a)gives the name and address of every other person having a 
right in the mark, if any; and 
(b)certifies that each such person –
(i)has been given not less than three months’ notice of
the proprietor’s intention to cancel the mark; or 
(ii)is not affected by the cancellation or if affected,
consents to the cancellation.
(3)The Controller, if satisfied that the notice complies with 
subregulation (2) and is otherwise regular, shall make the appropriate 
entry in the Register. 
PART  VIII
COLLECTIVE MARKS AND CERTIFICATION MARKS 
60.(1)Except as provided in this Part, the provisions of these 
Regulations shall apply in relation to collective marks and certification 
marks as they apply in relation to ordinary trade marks.
(2)In case of doubt in applying the provisions of these 
Regulations, any party may apply to the Controller for directions.
(3)The address of the applicant for the registration of a collective 
mark or certification mark shall be deemed to be the trade or business 
address of the applicant for the purposes of regulation 10(9)(b).
61.Within nine months from the date of the application for the regis -
tration of a collective mark or certification mark, the applicant shall file 
with the Controller in duplicate –
(a)Form TM 5; and 
(b)a copy of the rules governing the use of the mark. 
62.(1)Any person may, within three months from the date of the 
publication of an application for registration of a collective mark or 
certification mark, give written notice to the Controller in Form TM 6 
opposing the registration.
(2)Regulations 26 to 38 shall apply, with the necessary 
modifications, to the proceedings for opposition. 
(3)In case of doubt, any party may apply to the Controller for 
directions.Trade Marks Regulations, 2017 853 
Application of
Regulations to 
collective 
marks and 
certification 
marks 
Filing of rules 
Opposition to 
registration 63.(1)An application for the amendment of the rules governing the 
use of a registered collective mark or certification mark shall be filed with 
the Controller on Form TM 19.
(2)The application shall be accompanied by a copy of the amended 
rules with the amendments shown in red, and both shall be filed in 
duplicate.
(3)Where it appears expedient to the Controller that the amended 
rules should be made available to the public, the Controller may publish 
a notice indicating where copies of the amended rules may be inspected. 
64.(1)Any person may, within three months from the date of the 
publication of the notice referred to in regulation 63(3), file with the 
Controller –
(a)a  notice  of  opposition  to  the  amendment to  the  rules  in 
Form TM 6; and 
(b)a statement indicating why the amended rules do not comply 
with the requirements under the Act.
(2)The person filing the notice and statement under sub-
regulation (1) shall forthwith, serve copies of the notice and statement on 
the proprietor.
(3)Regulations 26 and 28 to 38 shall, with the necessary 
modifications, apply to the proceedings in relation to collective marks or 
certification marks as they apply to an opposition to an application for 
registration of a trade mark.
(4)For the purposes of the application of the regulations referred 
to in subregulation (3)–
(a)references in those regulations to the applicant shall be 
treated as references to the applicant for the amendment of
the rules;
(b)references in those regulations to the date of the publication 
of the application for registration shall be treated as 
references to the date of the publication of the notice referred 
to in regulation 63(3);
(c)references in those regulations to the notice of opposition 
shall be treated as references to the notice and statement
referred to in subregulation (1); and 
(d)references in those regulations to the opponent shall be 
treated as references to the person who filed the notice and 
statement referred to in subregulation (1). 854 Trade Marks Regulations, 2020 
Amendment of
rules 
Opposition to 
amendment of
rules PART  IX 
EVIDENCE AND PROCEDURE 
65.(1)Without prejudice to any of the provisions of the Act or these 
Regulations requiring the Controller to hear any party to proceedings 
under the Act or these Regulations, or to give such party an opportunity 
to be heard, the Controller shall, before exercising any power given to the 
Controller by the Act or these Regulations adversely to any party, give 
that party an opportunity to be heard.
(2)The Controller shall give that party at least ten days’ notice of
the date on which he may be heard.
(3)The Controller shall notify that party of his decision made in 
the exercise of his power.
66.The hearing before the Controller of any dispute between two or 
more parties relating to any matter under the Act or these Regulations 
shall be in public unless the Controller, after consultation with those 
parties who appear in person or are represented at the hearing, otherwise 
directs.
67.(1)In any proceedings before the Controller under the Act or these 
Regulations, evidence shall be given by way of a statutory declaration,
unless otherwise provided by the Act or these Regulations or directed by 
the Controller.
(2)Any such statutory declaration may, in the case of an appeal to 
the Court, be used before the Court in lieu of evidence by affidavit, and if
so used, shall have all the incidents and consequences of evidence by 
affidavit.
(3)The Controller may, in any particular case, take oral evidence 
in lieu of, or in addition to a statutory declaration and shall, unless the 
Controller otherwise directs, allow any witness to be cross-examined on 
his statutory declaration or oral evidence.
68.Any statutory declaration filed under the Act or these Regulations,
or used in any proceedings under the Act or these Regulations, shall be 
made and subscribed as follows: 
(a)in Trinidad and Tobago, before any Justice of the Peace, or 
any Commissioner of Affidavits or other officer authorised by 
law to administer an oath for the purpose of any legal
proceedings;Trade Marks Regulations, 2020 855 
Right of
affected party 
to be heard 
Hearing 
before 
Controller to 
be in public 
Evidence in 
proceedings 
before 
Controller 
Statutory 
declarations (b)in any other part of the Commonwealth, before any court,
judge, justice of the peace, notary public or any officer 
authorised by law to administer an oath for the purpose of
any legal proceedings; and 
(c)elsewhere, before a consulate, vice-consulate, or other person 
exercising the functions of a Trinidad and Tobago consular 
officer, or before a notary public, judge or magistrate.
69.Any document purporting to have affixed, impressed or subscribed 
thereto or thereon the seal or signature of any person authorised by 
regulation 68 to take a declaration, may be admitted by the Controller 
without proof of the genuineness of the seal or signature or of the official
character of the person or his authority to take the declaration. 
PART  X 
COSTS 
70.(1)For the purposes of section 86 of the Act, a party to proceedings 
before the Controller who desires to obtain costs shall apply to the 
Controller for an award of costs in relation to the proceedings –
(a)during the proceedings; or 
(b)within one month from –
(i)the day on which the Controller makes a decision in 
the proceedings that ends those proceedings; or 
(ii)the date of the Controller’s notice to the party that
the proceedings have been withdrawn, discontinued 
or dismissed, as the case may be. 
(2)Before awarding costs in respect of the proceedings, the 
Controller shall give each party to the proceedings an opportunity to be 
heard in relation to the award of costs.
71.The provisions in the Third Schedule shall apply in relation to 
scale of costs.
PART  XI
EXTENSION OF TIME AND REINSTATEMENT OF APPLICATIONS ,
RIGHTS AND OTHER MATTERS 
72.(1)Any period of time –
(a)prescribed by these Regulations; or 
(b)specified by the Controller for doing any act or taking any 
proceedings, 
may, at the request of the person or party concerned, be extended by the 
Controller by such period and upon such terms as the Controller 
considers fit.856 Trade Marks Regulations, 2020 
Notice of seal
of officer 
taking 
declaration 
Application for 
costs 
Scale of costs 
Third 
Schedule 
Request for 
extension of
time (2)The Controller may, upon receiving the request for extension 
of time, require particulars from the person or party concerned as to the 
nature of the request for extension of time.
(3)The Controller may refuse to grant the extension if the person 
requesting the extension fails to show a good and sufficient reason for the 
extension.
(4)Subregulations (1) to (3) shall not apply to the following 
matters: 
(a)the remedying of a deficiency under regulation 21;
(b)the filing of a notice of opposition to an amendment of an 
application which has been published under regulation 23(2);
(c)the doing of any act referred to in regulation 24(2)(a), (b), (c)
or (d);
(d)the filing of a notice of opposition under regulation 26;
(e)the filing of a counter-statement under regulation 28; 
(f)the filing of any statutory declaration under regulation 29,
30 or 31;
(g)the filing of a notice of opposition to the removal of any 
matter from the Register under regulation 44(2);
(h)the doing of any act referred to in regulation 49(2)(a)or (b);
(i)the filing of an application for the restoration of a registration 
under regulation 51(1);
(j)the compliance with a requirement referred to in 
regulation 51(4);
(k)the compliance with a requirement referred to in 
regulation 53(7);
(l)the filing of a notice opposing the alteration of a registered 
trade mark under regulation 54(4);
(m)the filing of a counter-statement to a notice referred to in 
paragraph (l);
(n)the filing of a counter-statement to an application for 
revocation or declaration of invalidity of the registration 
of a trade mark, or rectification of the Register under 
regulation 56;
(o)the filing of a notice opposing the registration of a collective 
mark or certification mark under regulation 62;
(p)the filing of a counter-statement to a notice referred to in 
paragraph (o);Trade Marks Regulations, 2020 857 (q)the filing of a notice of opposition to an amendment to rules 
governing the use of a registered collective or certification 
mark under regulation 63(1);
(r)the filing of a counter-statement to a notice referred to in 
paragraph (q);
(s)the filing of an application under regulation 74(2) for the 
reinstatement of an application treated as withdrawn;
(t)the filing of a notice of opposition in respect of a pending 
application for registration referred to in regulation 94; and 
(u)the filing of a counter-statement to a notice referred to in 
paragraph (t). 
73.(1)Where, by reason of an act or omission of any person employed 
in the Intellectual Property Office, an act or step in relation to an 
application for the registration of a trade mark or any other proceedings 
before the Controller, required to be done or taken within a period of time,
has not been so done or taken, the Controller may, notwithstanding the 
provisions of these Regulations, extend the period for doing the act or 
taking the step by such period as the Controller considers fit.
(2)Notwithstanding the provisions of these Regulations, the 
period of time for doing an act or taking a step under subregulation (1)
may be extended although the period has expired. 
74.(1)Any person whose –
(a)application is treated as withdrawn; or 
(b)right has been abrogated, or matter has ceased to be in force 
or to exist, 
by reason that he has failed to comply with any procedural requirement
in any proceedings or other matter before the Controller within the time 
limit under the Act or specified by the Controller for complying with that
requirement, may request for the reinstatement of the application, right
or matter, as the case may be, in accordance with subregulations (2), (3)
and (4).
(2)A request for the reinstatement of any application, right or 
matter referred to in subregulation (1)–
(a)shall be made on Form TM 27 and filed with the Controller 
within six months from the date the application was treated 
as withdrawn, the right was abrogated, or the thing ceased 
to be in force or to exist, as the case may be;
(b)shall not be made unless, and shall state that–
(i)the omission which led to the application being 
treated as withdrawn was unintentional; or 858 Trade Marks Regulations, 2020 
Where non-
compliance 
with time 
caused by act
of person 
employed in 
the 
Intellectual
Property 
Office 
Reinstatement
of application,
right or other 
matter (ii)the failure to comply with a time limit which led to –
(A)the right being abrogated; or 
(B)the matter ceasing to be in force or to exist,
was unintentional; and 
(c)where the omission, or the failure to comply with a time 
limit, relates to the filing of any document or matter, shall be 
accompanied by that document or matter not filed or not filed 
on time, as the case may be.
(3)Subject to subregulation (4), where a request is filed under 
subregulation (2), the Controller shall allow the reinstatement unless 
there is a good and sufficient reason to refuse the request.
(4)The Controller shall not allow the reinstatement unless the 
requirements of subregulation (2) are satisfied.
(5)Subregulations (1) to (4) do not allow the reinstatement of–
(a)any claim to a right of  priority under section 11 of the Act or 
regulation 18(1); or 
(b)any application which is treated as withdrawn, any right
which has been abrogated or anything which has ceased to be 
in force or to exist by reason of–
(i)any acquiescence by a proprietor of an earlier trade 
mark or other earlier right under section 25 of the 
Act, or under section 25 of the Act read with 
the Trade Marks (International Registration)
Regulations; 
(ii)a failure to comply with the time limit for –
(A)any act under section 14 of the Act or 
Division 6 of Part II of these Regulations, or 
under the Trade Marks (International
Registration) Regulations or regulations 29 
to 38 of these Regulations read with the 
Trade Marks (International Registration)
Regulations, in any opposition proceedings;
(B)any act under section 23 of the Act or 
Part VII of these Regulations, or under 
section 23 of the Act and regulations 55 to 
58 of these Regulations read with the 
Trade Marks (International Registration)
Regulations, in any proceedings for the 
revocation of the registration of a trade 
mark;Trade Marks Regulations, 2020 859 (C)any act under section 24 of the Act or 
Part VII of these Regulations, or under 
section 24 of the Act and regulations 55 to 
58 of these Regulations read with the 
Trade Marks (International Registration)
Regulations, in any proceedings for a 
declaration of invalidity of the registration 
of a trade mark;
(D)any act under section 85 of the Act or Part
VII of these Regulations in any proceedings 
for the rectification of an error or omission 
in the Register, being proceedings 
commenced by any person other than the 
proprietor of a registered trade mark in 
respect of any information in the Register 
relating to that trade mark;
(E)the filing of a request under subregulation (2);
or 
(F)the filing of Form TM 3 under regulation 24 
(6)(a); or 
(iii)a failure to pay the fee for the renewal of registration 
of a trade mark under regulation 47(3) or 51. 
75.Where the period within which any party to any proceedings before 
the Controller may file evidence under these Regulations is to commence 
upon the expiry of any period in which any other party may file evidence 
and that other party notifies the Controller that he does not wish to file 
any, or any further evidence, the Controller may direct that the period 
within which the first-mentioned party may file evidence shall begin on 
such date as may be specified in the direction, and the Controller shall
notify all parties to the dispute of that date.
PART  XII
ELECTRONIC ONLINE SYSTEM 
76.(1)There shall be established an electronic online system for the 
purposes of these Regulations.
(2)The Controller may –
(a)accept the filing of documents;
(b)obtain information in any form; and 
(c)issue any document or approval;
by means of electronic records or in electronic form.860 Trade Marks Regulations, 2020 
Change of
commence -
ment date of
period for 
filing evidence 
Establishment
of electronic 
online system Trade Marks Regulations, 2020 861 
(3)Where the Controller decides to perform any of the functions 
under the Act or these Regulations by means of electronic records or in 
electronic form, the Controller may specify –
(a)the manner and format in which such electronic records shall
be filed, created, retained, issued or provided;
(b)such control processes and procedures, as may be 
appropriate to ensure adequate integrity, security and 
confidentiality of electronic records or payments; or 
(c)any other required attributes for electronic records or 
payments that are currently specified for corresponding 
paper documents.
(4)The Controller may permit a person to have on-line access to 
the electronic database or databases for the purpose of examining any 
information, form, or document that the person is authorised to access 
under the Act or any other enactment.
(5)Any information, forms, or documents that are required to be 
signed by a person for filing with the Controller under the Act may be filed 
with the Controller if signed by electronic signature approved by the 
Controller, or by an electronically transmitted or reproduced signature.
(6)The electronic online system may be used –
(a)for carrying out any of the transactions as directed by the 
Controller;
(b)by any person for giving, sending to, filing with, or serving on 
the Controller or Intellectual Property Office any document,
other than –
(i)a form that is not used for carrying out any of the 
transactions referred to in subparagraph (a); or 
(ii)a notice or document to be served in proceedings in 
court; and 
(c)by the Controller or Intellectual Property Office for giving,
sending to, or serving on, any person any notice or other 
document, other than a notice or document to be served in 
proceedings in court.
77.(1)Any person who desires to make use of the electronic online 
system –
(a)to carry out any transaction as directed by the Controller 
referred to in regulation 76(6)(a); or Registration 
as account
holder 862 Trade Marks Regulations, 2020 
(b)for giving, sending to, filing with, or serving on the Controller 
or Intellectual Property Office any document referred to in 
regulation 76(6)(b), 
shall, in accordance with the procedures set out in practice directions 
issued by the Controller, apply to the Controller to be registered as an 
account holder.
(2)The Controller may register a person as an account holder on 
such terms and with such restrictions pertaining to the use of the 
electronic online system as the Controller thinks fit.
78.(1)Upon registration of a person as an account holder, the person 
shall be assigned such number of identification names and authentication 
codes as the Controller may determine.
(2)The Controller may cancel the identification name and 
authentication code assigned to an account holder if, to the knowledge of
the Controller, the authority of the account holder as agent has been 
revoked or terminated.
79.An account holder shall, in accordance with such procedure as may 
be laid down in practice directions issued by the Controller, inform the 
Controller of any change in the particulars furnished in his application 
for registration as an account holder under regulation 77.
80.(1)An account holder shall ensure the confidentiality and 
security of each identification name and authentication code assigned to 
him and shall not–
(a)divulge the identification name and authentication code 
to any other person who has no authority to use the 
identification name and authentication code; or 
(b)permit any other person who has not been so authorised to 
use the identification name and authentication code. 
(2)When using the electronic online system, an account holder 
shall not circumvent any security or authentication mechanism in the 
system.
81.A person shall only use the electronic online system in accordance 
with these Regulations and any practice directions issued by the 
Controller.
82.The Controller may cancel–
(a)the registration of an account holder; and Identification 
name and 
authentication 
code 
Obligation to 
inform 
Controller of
change of
particulars 
Security 
measures 
Duty of person 
using electronic 
online system 
Cancellation of
registration as 
account holder Trade Marks Regulations, 2020 863 
(b)any identification name and authentication code issued to 
the account holder,
if the Controller is satisfied that the account holder has contravened 
regulation 80 or 81 or any term or restriction imposed by the Controller. 
83.(1)Where any document to be given, sent, filed or served using 
the electronic online system –
(a)is to be signed or made on oath or by affirmation, it shall be 
signed, made on oath or affirmed in the usual way on the 
original paper document; or 
(b)is to be attested, it shall be attested in the usual way in which 
the original paper document is attested. 
(2)The giving, sending, filing or service of a document using the 
electronic online system shall be effected by sending a true and complete 
electronic image of the original paper document. 
PART  XIII
HOURS OF BUSINESS AND EXCLUDED DAYS 
84.(1)Subject to subregulations (4) and (7), any business done under 
the Act or these Regulations –
(a)on any day after the hours of business of the Intellectual
Property Office for that class of business; or 
(b)on any day which is an excluded day for that class of
business, 
shall be taken to have been done on the next following day which is not an 
excluded day for that class of business. 
(2)Where the time for doing any business under the Act or these 
Regulations expires on an excluded day for the doing of that class of
business, that time shall be extended to the next following day which is not
an excluded day for the doing of that class of business. 
(3)For the avoidance of doubt, where the time for –
(a)carrying out any transaction referred to in regulation 
76(6)(a); 
(b)giving, sending to, filing with or serving on the Controller or 
Intellectual Property Office any document referred to in 
regulation 76(6)(b); or Documents to 
be signed,
made on oath 
or attested 
Hours of
business and 
excluded days 864 Trade Marks Regulations, 2020 
(c)giving, sending to or serving on any person by the Controller 
or Intellectual Property Office any notice or other document
referred to in regulation 76(6)(c), 
expires on an excluded day, that time shall be extended to the next
following day which is not an excluded day, notwithstanding the 
availability of the electronic online system. 
(4)Where a document–
(a)is transmitted to the Intellectual Property Office by means of
the electronic online system; and 
(b)is received, by the server of that system set up to receive such 
transmissions, at any time before midnight on any day which 
is not an excluded day for the business of sending to or filing 
with the Intellectual Property Office any document by means 
of that system, 
that document shall be treated as sent to or filed with, and received by, the 
Intellectual Property Office at that time and on that day. 
(5)For the purposes of subregulation (4), the document shall be 
treated as sent to or filed with, and received by, the Intellectual Property 
Office if and only if the last byte of the transmission containing the 
document is received by the server referred to in that subregulation.
(6)Any person who sends or files a document by means of the 
electronic online system may produce a record of transmission issued 
through that system as evidence of–
(a)the sending or filing of that document; and 
(b)the date and time when the sending or filing took place. 
(7)Subject to subregulation (4) of regulation 8, where a document
referred to in that subregulation –
(a)is transmitted to the Controller or Intellectual Property 
Office by means of facsimile transmission; and 
(b)is received –
(i)by any facsimile machine designated by the 
Intellectual Property Office for the receipt of such 
transmissions; and 
(ii)at any time before midnight on any day which is not
an excluded day for the business of sending to or 
filing with the Intellectual Property Office that
document by means of facsimile transmission, 
that document shall be treated as sent to or filed with, and received by, the 
Intellectual Property Office at that time and on that day.Trade Marks Regulations, 2020 865 
(8)For the purposes of subregulation (5)–
(a)a document shall be treated as sent to or filed with, and 
received by, the Intellectual Property Office if and only if all
sheets comprising the complete document are received by the 
facsimile machine referred to in that subregulation; and 
(b)the date and time of receipt of the document, as recorded by 
the facsimile machine referred to in that subregulation, shall,
until the contrary is proved, be treated as the date and time 
when the document was sent to or filed with, and received 
by, the Intellectual Property Office. 
(9)In the Act and these Regulations, “excluded day”, in relation to 
any specific class of business, means any day on which the Intellectual
Property Office shall be taken to be closed for the purposes of the 
transaction by the public of that class of business. 
85.(1)Where, on any day, there is an interruption in –
(a)the postal service of Trinidad and Tobago; 
(b)the operation of the Intellectual Property Office; or 
(c)the operation of the electronic online system, 
the Controller may issue a practice direction to declare that day as one on 
which there has been an interruption and, where any period of time 
specified in the Act or these Regulations for the giving, sending, filing or 
serving of any notice, application or other document expires on a day so 
declared, the period shall be extended to the first day next following, not
being an excluded day, which is not so declared.
(2)If in any case the Controller is satisfied that the failure to give,
send, file or serve any notice, application or other document within the 
period specified in the Act or these Regulations was wholly or mainly 
attributable to a failure of or delay in the postal service of Trinidad and 
Tobago or the electronic online system, the Controller may, if he thinks fit
and upon such terms as he may direct, extend the period so that it ends 
on the day of the receipt by the addressee of the notice, application or other 
document or, if the day of such receipt is an excluded day, on the first
following day which is not an excluded day. 
(3)The Controller shall give notice of an extension referred to in 
subregulation (2) to all parties to the matter. 
PART  XIV 
MISCELLANEOUS 
86.(1)Any person who desires to obtain a certificate referred to in 
section 119 of the Act in relation to any entry, matter or thing which the 
Controller is authorised to make or do under the Act or these Regulations 
may file with the Controller Form TM 28. Extension of
period where 
interruption in 
postal service 
or operations 
General
certificates by 
Controller 866 Trade Marks Regulations, 2020 
(2)Before giving the certificate, the Controller may require the 
person to furnish evidence to show that he has an interest in the entry,
matter or thing.
87.Notwithstanding anything in these Regulations, at any stage of
any application to, or proceedings before, the Controller, the Controller 
may direct the applicant or parties to attend a case management
conference in order that the Controller may make such order or give such 
direction as he thinks fit for the just, expeditious and economical disposal
of the matter.
88.Notwithstanding anything in these Regulations, at any stage of
any application to or proceedings before the Controller, the Controller may 
direct the applicant or any party to produce or file, within such period as 
the Controller may specify, any document, information or evidence which 
the Controller may reasonably require.
89.(1)Any irregularity in procedure which, in the opinion of the 
Controller, is not detrimental to the interests of any person or party may 
be corrected on such terms as the Controller may direct.
(2)Any correction of clerical errors shall be made on Form TM 16 
and accompanied by the fee specified in the First Schedule.
90.The following decisions of the Controller are subject to appeal to 
the Court: 
(a)a decision referred to in regulation 36; and 
(b)a decision in opposition proceedings under regulation 44, 54,
62 or 64.
91.A person who makes an application to the Court under the Act
shall, as soon as practicable, file a copy of the application with the 
Controller.
92.(1)Where an order is made by the Court in any matter under the 
Act, the person or persons in whose favour the order is made shall, as soon 
as practicable, file a copy of the order with the Controller.
(2)If the order is to rectify or alter the Register, the person in 
whose favour the order is made or, if there is more than one, such 
one of them, as the Controller may direct, shall file with the Controller 
Form TM 29.
(3)The Controller shall rectify or alter the Register in accordance 
with such order.Case 
management
conference 
Production of
documents,
information or 
evidence 
Irregularities 
and correction 
of clerical
error 
Appeal
Application to 
Court
Order of CourtTrade Marks Regulations, 2020 867 
93.(1)The Controller shall publish an electronic journal, to be called 
the Trade Marks Journal, which shall contain –
(a)all matters that are required to be published in that Journal
under these Regulations; 
(b)the Practice Directions issued by the Controller under the 
Act or these Regulations; and 
(c)such other information as the Controller thinks fit. 
(2)The Trade Marks Journal shall be published weekly, unless 
the Controller otherwise directs. 
PART  XV 
TRANSITIONAL PROVISIONS 
94.(1)Where an application for registration of a trade mark made 
under the former Act, is advertised on or after the coming into effect of
these Regulations, the period within which a notice of opposition to the 
registration may be filed shall not exceed four months from the date of
advertisement, and such period shall not be extended.
(2)The period within which a counter-statement to the notice of
opposition referred to in subregulation (1) may be filed shall not exceed 
four months from the date of the Controller’s letter forwarding the copy of
the notice of opposition, and such period shall not be extended.
95.Except as provided by regulation 94, where –
(a)immediately before the coming into effect of these 
Regulations, or any time or period prescribed by the revoked 
Trade Marks Rules, which were made under the former Act,
has effect in relation to any act or proceeding and has not
expired; and 
(b)the corresponding time or period prescribed by these 
Regulations would have expired or would expire earlier, 
the time or period prescribed by the revoked Trade Mark Rules, and not
by these Regulations, shall apply to that act or proceeding, and such time 
or period may be extended by the Controller by such period and upon such 
terms as the Controller considers fit. 
PART  XVI
COMMENCEMENT 
96.These Regulations come into force on such day as the Trade Marks 
Act is proclaimed.Trade Marks 
Journal
Pending 
applications 
for 
registration 
Savings 
Commence -
ment868 Trade Marks Regulations, 2020 
Trade Marks Regulations, 2020 869 
FIRST SCHEDULE–CONTINUED 
870 Trade Marks Regulations, 2020 
FIRST SCHEDULE–CONTINUED 
Trade Marks Regulations, 2020 871 
FIRST SCHEDULE–CONTINUED 
872 Trade Marks Regulations, 2020 
FIRST SCHEDULE–CONTINUED 
Trade Marks Regulations, 2020 873 
FIRST SCHEDULE–CONTINUED 
874 Trade Marks Regulations, 2020 
FIRST SCHEDULE–CONTINUED 
Trade Marks Regulations, 2020 875 
FIRST SCHEDULE–CONTINUED 
FIRST SCHEDULE–CONTINUED 
876 Trade Marks Regulations, 2020 
SECOND SCHEDULE–CONTINUED Trade Marks Regulations, 2020 877 
(Regulation 5)
Forms Description of Form SECOND SCHEDULE–CONTINUED 878 Trade Marks Regulations, 2020 
(Regulation 5)
Forms Description of Form THIRD SCHEDULE–CONTINUED Trade Marks Regulations, 2020 879 
Dated this 17th day of June, 2020.
F.  AL-RAWI
Attorney General and 
Minister of Legal Affairs 
PRINTED BY THE GOVERNMENT PRINTER , C ARONI
REPUBLIC OF TRINIDAD AND TOBAGO –2020 (Regulation 71)
Item Matter Amount