THE  TRADE  MARKS  (BORDER  ENFORCEMENT  MEASURES)
REGULATIONS,  2020
Explanatory Memorandum
The Trade Marks (Border Enforcement Measures) Regul ations,
2020, which is subject to the negative resolution o f Parliament seeks to
provide for the effective regulation of border enforceme nt measures as it
pertains to trade marks to ensure the efficient opera tion of the Trade
Marks Act, No. 8 of 2015 (“the Act”).
Regulation 1 provides for the citation of the Regulation s.
Regulation 2 provides for the interpretation of certa in terms used in
the Regulations.
Regulation 3 provides for notice to be given to the  Comptroller of
Customs and Excise (the Comptroller) under section 97 (1) of the Act in
respect of restricting the importation of infringing g oods.
Regulation 4 provides the time and manner of the not ice to be given
to the Comptroller under section 97(1) of the Act.
Regulation 5 provides for further information and e vidence to be
submitted to the Comptroller within such time and i n such form as the
Comptroller may require.
Regulation 6 provides for change of particulars to be  submitted to
the Comptroller, in writing, within seven days of the change.
Regulation 7 provides for an Officer to refuse to s eize goods to
which a notice under section 97(1) of the Act relates, if the person who
has given notice that infringing goods are expected to be imported fails
to comply with any requirement by the Comptroller u nder these
Regulations or any provisions of these Regulations.
Regulation 8 provides for a period not exceeding ten  working days
for instituting action for a registered trademark.
Regulation 9 provides for a period for extension of re tention period
not exceeding ten working days after the expiry of th e period originally
specified.
Regulation 10 provides for disposal of goods under se ction 102(3) of
the Act in a prescribed manner, including destructi on, as the
Comptroller may from time to time direct, pursuant t o the Customs Act,
Chap 78:01.Regulation 11 provides a prescribed period under se ction 109(3) of
the Act, of two working days after the Comptroller has given the
proprietor of the registered trade mark written not ice or where the
detained goods are goods that are to be exported fr om Trinidad and
Tobago or are goods in transit within ten working d ays after the
Comptroller has given the proprietor of the registe red trade mark
written notice referred to in section 109(2) of the Act .
Regulation 12 provides for the commencement of the Reg ulations.
The Schedule provides for the notice under section 9 7(1) of the Act.iiTHE  TRADE  MARKS  (BORDER  ENFORCEMENT  MEASURES)
REGULATIONS,  2020
Arrangement of Regulations
Regulations
1. Citation 
2. Interpretation
3. Notice under section 97(1) of the Act: infringing goods
4. Time and manner of giving notice
5. Further information and evidence
6. Change in particulars
7. Refusal to seize goods
8. Period for instituting action for registered trade m ark
9. Period for extension of retention period
10. Disposal of forfeited goods under section 102 (3) of th e Act
11. Prescribed period under section 109(3) of the Ac t: suspected
counterfeit goods
12. Commencement
SCHEDULELEGALNOTICENO.138
REPUBLIC  OF  TRINIDAD  AND  TOBAGO
THETRADEMARKSACT, NO. 8 OF2015
REGULATIONS
MADE BY THEMINISTER UNDER SECTION 123 OF THETRADEMARKS
ACT, IN ACCORDANCE WITH SECTION 43 OF THEINTERPETATION
ACT, CHAP. 3:01 AND SUBJECT TO NEGATIVE RESOLUTION OF
PARLIAMENT
TRADE  MARKS  (BORDER  ENFORCEMENT  MEASURES)
REGULATIONS  2020
1. These Regulations may be cited as the Trade Marks  (Border
Enforcement Measures) Regulations, 2020.
2. In these Regulations–
“Act’ means the Trade Marks Act;
“Comptroller” means the Comptroller of Customs and Excise
referred to in section 2 of the Customs Act;
“Controller” means the Controller of the Intellectu al Property
Office as referred to under section 3 of the Patents Act;
“Officer” has the meaning assigned under section 2 of the
Customs Act.
3. (1) A notice to the Comptroller under section 97(1)  of the Act
shall be in the form set out in the Schedule.
(2) The notice shall be accompanied by–
(a)a statutory declaration that the particulars in the
notice are true;
(b)a fee of $500.00;
(c)a copy of the certificate of registration issued by  the
Controller  under section 16(3) of the Act in relation  to
the registered trade mark specified in the notice;
(d)evidence that the registration of the registered tr ade
mark was duly renewed at all times; and
(e)where the notice is given by a person as agent for t he
proprietor or licensee of the registered trade mark ,
whichever is appropriate, evidence of the authority  of
the person giving the notice.Legal Supplement Part B–Vol. 59, No. 105–23rd June, 2020 881
Citation
Interpretation
Act No. 8 of
2015
Chap. 78:01
Chap. 82:76
Notice under
section 97(1) of
the Act:
infringing
goods(3) The proprietor or licensee of the registered trade  mark may
appoint another person to act as his agent for the p urpose of giving the
notice in writing.
4. A notice to the Comptroller under section 97(1) of t he Act shall
be delivered to the Customs and Excise Division dur ing such time as
the Office of the Customs and Excise Division is open for business. 
5. A person who has given a notice under section 97(1 ) of the Act
to the Comptroller shall, as and when required by t he Comptroller, give
to the Comptroller such information and evidence wit hin such time and
in such form as the Comptroller may reasonably requir e.
6. A person who has given a notice under section 97(1 ) of the Act
to the Comptroller shall notify the Comptroller in w riting of any change
in the particulars specified in the notice or affectin g the notice within
seven days of the change and further notice shall b e given as the
Comptroller may require.
7. An Officer may refuse to seize goods to which a n otice under
section 97(1) of the Act relates if the person who has given the notice
fails to comply with–
(a)any requirement by the Comptroller under these
Regulations; or
(b)any provision of these Regulations.
8. A notice given by the Comptroller under section 1 00(1) of the
Act shall for the purposes of section 100(2) (a)specify a period not
exceeding ten working days after the service of the  notice on the
objector.
9. Where under section 100(5) of the Act, the Comptroll er extends
the period specified by him pursuant to section 100(2 )(a), the period of
the extension shall not exceed ten working days afte r the expiry of the
period originally specified.
10. For the purposes of section 102(3) (a)of the Act, the prescribed
manner of disposal of forfeited goods shall be such man ner of disposal,
including destruction, as the Comptroller may from t ime to time direct
pursuant to the Customs Act. 
11. (1) For the purposes of section 109(3) of the Act, the  prescribed
period shall be–
(a)two working days after the Comptroller has given th e
written notice referred to in section 109(2) of the Act  to
the proprietor of the registered trade mark; or882 Trade Marks (Border Enforcement Measures) Regulations, 2 020
Time and
manner of
giving notice
Further
information
and evidence
Change in
particulars
Refusal to
seize goods
Period for
instituting
action for
registered
trade mark
Period for
extension of
retention
period
Disposal of
forfeited goods
under section
102(3)(a)of the
Act 
Prescribed
period under
section 109(3)
of the Act:
suspected
counterfeit
goods(b)where–
(i) the detained goods are goods that are to be
exported from Trinidad and Tobago or are goods in
transit; and
(ii) the proprietor of the registered trade mark has
complied with section 109(3) (b)(iii) of the Act,
within ten working days after the Comptroller has g iven
the proprietor of the registered trade mark the wri tten
notice referred to in section 109(2) of the Act.
(2) Upon the written request of the proprietor of the r egistered
trade mark given to the Comptroller before the end of the prescribed
period, the Comptroller may extend the prescribed p eriod if he
considers it reasonable to do so for a further period  not exceeding ten
working days after the expiry of the applicable per iod under
subregulation (1). 
12.These Regulations come into force on such day as  the Trade
Marks Act is proclaimed.Trade Marks (Border Enforcement Measures) Regulations,  2020 883
Commencement884 Trade Marks (Border Enforcement Measures) Regulations, 2 020Trade Marks (Border Enforcement Measures) Regulations, 2 020885Dated this 17th day of June, 2020.
F.  AL-RAWI
Attorney General and
Minister of Legal Affairs
PRINTED BY THE GOVERNMENTPRINTER, CARONI
REPUBLIC OFTRINIDAD ANDTOBAGO–2020886 Trade Marks (Border Enforcement Measures) Regulations, 2 020