CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
CHAPTER 315  
TRADE MARKS ACT  
• Act • Subsidiary Legisl ation • 
ACT  
Act No. 46 of 2003  
Amended by  
 Act No. 50 of 2004   
ARRANGEMENT OF SECTI ONS  
PART I  
Preliminary  
1. Short title and commencement.  
2. Interpretation.  
3. Authorised use of a trade mark.  
4. Use of trade mark.  
PART II  
Trade Marks and Trade Marks Rights  
5. Categories of trade marks which may be registered.  
6. Rights accrued by registration of trade mark.  
7. Nature of registered trade mark as property.  
8. Power of registered owner to deal with  trade mark.  
9. Limitation of rights for similar trade marks registered by different persons.  
10. Trade mark as a sign describing article.  
11. Trade mark relating to article formerly manufactured under patent.  
12. Powers of authorised user of registere d trade mark.  
PART III  
Application for Registration  
13. Making of application.  
14. Application by joint owners.  
15. Claim for right priority.  
16. Duties of the Registrar with respect to appl ication of trade marks.  
17. Right to appeal.  
18. Deferment o f acceptance.  
19. Lapsing of application.  
20. Revocation of acceptance.  
21. Signs prescribed not to be used as trade marks.  
22. Trade mark that cannot be represented graphically.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
23. Trade mark not distinguishing applicants, goods or services.  
24. Trade mark scandalous or its use contrary to law.  
25. Trade mark likely to deceive or cause conf usion.  
26. Identical trade marks.  
PART IV  
Divisional Applications  
27. Making of divisional application.  
28. Divisional application for registration of part of  trade mark.  
29. Divisional application for registration of trade mark in respect of goods.  
30. Divisional application for registration of trade mark in respect of goods 
excluded from the initial application.  
31. Filing date.  
PART V  
Application for Reg istration of Series of Trade Marks  
32. Application for registration of series of trade marks.  
PART VI  
Opposition to Registration  
33. Opposition.  
34. Circumstances in which opposition may proceed in name of a person other than 
the pe rson who filed the not ice. 
35. Opposition proceedings.  
36. Decision of the Registrar.  
37. Appeal.  
PART VII  
Grounds for Opposing Registration  
38. Opposition to registration of trade mark.  
39. Registration may be opposed on same grounds as for rejection.  
40. Trade mark simi lar to trade mark that has acquired a reputation in Saint Vi ncent 
and the Grenadines.  
41. Trade mark containing or consisting of a false ge ographical indication.  
42. Application defective.  
PART VIII  
Amendment of Application for Registration of a Trade M ark and other Documents  
43. Amendment of application for registration of trade mark.  
44. Amendment before particulars of application are pu blished.  
45. Amendment after particulars of application have been published.  
46. Amendment of other documents.  
47. Appeal of decision or amendment.  
PART IX   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
Registration of Trade Marks  
48. Duty of Registrar to register.  
49. Registration: how effected.  
50. Colours in registered trade marks.  
51. Notification of registration.  
52. Date and term of registration.  
53. Ceasing of registration.  
54. Disclaimers.  
55. Request for renewal of registration.  
56. Notice of renewal due.  
57. Renewal before registration expires.  
58. Failure to renew.  
59. Renewal within twelve months after registration e xpires.  
60. Status of u nrenewed trade mark.  
PART X  
Amendment and Cancellation of Registration – Action by Registrar  
61. Correction of Register.  
62. Adaptation of classification.  
63. Amendment of particulars of trade mark entered in Register.  
64. Cancellation of registration.  
PART XI  
Amendment and Cancellation of Registration – Action by Court  
65. Amendment to correct error or omission.  
66. Amendment or cancellation on ground of contrave ntion of condition.  
67. Amendment or cancellation: loss or excl usive rights to use trade  mark.  
68. Amendment or cancellation: other specified grounds.  
69. Rectification may not be granted in certain cases if registered owner not at fault.  
70. Duties and powers of Registrar.  
71. Amendment of certificate of registration.  
PART XII  
Removal o f Trade Mark from Register for Non -Use 
72. Application for removal of trade mark from Register.  
73. Time for making application.  
74. Referral to Court.  
75. Notification of application.  
76. Notice of opposition.  
77. Removal of trade mark from the Regis ter if applic ation unopposed.  
78. Trade mark restored to Register if notice of opposition filed within extended 
time.  
79. Proceedings before Registrar.  
80. Burden on opponent to establish use of trade mark.  
81. Determination of opposed application.  
82. Determination of opposed application: loca lised use of trade mark.  
83. Registrar to comply with order of Court.  
84. Appeal.  
85. Certificate of use of trade mark.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
PART XIII  
Assignment and Transmission of Trade Marks  
86. Assignment of trade mark.  
87. Application for record to be made of assignment of trade mark whose 
registr ation is sought.  
88. Recording of assignment of trade mark whose regi stration is sought.  
89. Application for record of assignment of registered trade mark to be entered in 
Register. 
90. Recording of assignment of registered trade mark.  
91. Notice of application to be given to person recorded as claiming interest in trade 
mark.  
PART XIV  
Voluntary Recording of Claims to Interests in and Rights in R espect of Trade Marks  
92. Object of Part XIV.  
93. Application to have claims to interest r ecorded.  
94. Record of claims to interest.  
95. Amendment and cancellation.  
96. Record not proof of existence of right.  
97. Application to have claims to interest r ecorded.  
98. Record of claims to interest.  
99. Regulations for the amendment and cance llation of particulars.  
PART XV  
Infringement of Trade Marks  
100. Infringement.  
101. Infringement of trade mark by breach of certain r estrictions.  
102. Exceptions to infringement of trade mark.  
103. Goods to which a registered trade mark has been applied by or with consent of 
registered owner.  
104. Prior use of identical trade mark.  
105. Action for infringement to be brought before Court.  
106. . . . . . .  
107. Special case where claimant not e ntitled to damages.  
108. Circumstances in which action may not be brought.  
109. Groundless threats of legal proceedings.  
110. Counterclaim by defendant in action on groundless threats.  
PART XVI  
Importation of Goods Infringing Vincentian Trade Marks  
111. Notice of objection to importation.  
112. Comptroller may seize goods infringing trade mark.  
113. Notice of seizure.  
114. Forfeiture of goods.  
115. Release of goods to owner where no action for i nfringement.  
116. Action for infringement of trade mark . 
117. Action for infringement by authorised user.  
118. Disposal of forfeited goods.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
119. Power of Comptroller to retain control of goods.  
120. Insufficient security.  
121. Government not liable for loss suffered b ecause of seizure.  
122. Power to requ ire information.  
PART XVII  
Offences  
123. Falsifying, etc., a registered trade mark.  
124. Falsely applying a registered trade mark.  
125. Manufacture and possession of die, etc., for use in commission of offence.  
126. Selling, etc., goods with false mark s. 
127. Penalty for offences.  
128. False representations regarding trade marks.  
129. False entries in Register.  
130. Disobeying summons.  
131. Refusing to give evidence.  
132. Unauthorised persons not to act in trade mark ma tters. 
133. False represent ation about Commerce and Intellectual Property Office.  
134. Employee not to prepare documents.  
135. Conduct of directors, servants and agents.  
PART XVIII  
Collective Trade Marks  
136. Application and definition.  
137. Application for registration.  
138. Limitation on rights given by registered co llective trade mark.  
139. Assignment, etc., of collective trade mark.  
140. Infringement of collective trade mark.  
PART XIX  
Certification Trade Marks  
141. Interpretation.  
142. Rights given by registration of a c ertification trade mark.  
143. Rights of persons allowed to use a certific ation trade mark.  
144. Rules governing the use of certification trade marks.  
145. Grant of application to register.  
146. Refusal to Register.  
147. Variation of rules.  
148. Rules  to be available for inspection.  
149. Assignment of registered certification trade mark.  
150. Assignment of registered certification trade mark.  
151. Rectification Register by order of Court.  
152. Variation of rules by order of Court.  
153. Copy of ord er and rules.  
PART XX  
Defensive Trade Marks  
154. Defensive trade marks.   CAP.  315  
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155. Application of Act.  
156. Additional grounds for rejecting application for registration or opposing 
registr ation. 
157. Amendment or cancellation of registration by order of Cou rt. 
158. Cancellation of registration by Registrar.  
PART XXI  
Jurisdiction and Powers of Courts  
159. Jurisdiction of the High Court.  
160. . . . . . .  
161. Appeals.  
162. Registrar may appear in appeals.  
163. Powers of Court.  
PART XXII  
Administration  
164. Registrar of Commerce and Intellectual Property O ffice. 
165. Registrar’s powers.  
166. Exercise of power by Registrar.  
167. Registrar to act as soon as possible.  
168. Deputy Registrar.  
169. Delegation of Registrar’s powers and fun ctions.  
PART XXI II 
The Register and Official Documents  
170. The Register.  
171. Register may be kept on computer.  
172. Register used as evidence.  
173. Certified copies of documents.  
PART XXIV  
Miscellaneous  
174. Making and signing applications and filing of doc uments.  
175. Withdrawal of application, etc.  
176. Address for service.  
177. Change of name.  
178. Death of applicant, etc.  
179. Description of registered trade mark.  
180. Evidence of usage of trade mark.  
181. Death of party to proceeding before Regi strar. 
182. Cost awarded by Registrar.  
183. Security for costs.  
184. Fees.  
185. Extension of time.  
186. Publication of documents.  
187. Use of trade mark for export trade.  
188. Passing off actions.  
189. Expenses.   CAP.  315  
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190. Regulations.  
191. Repeal.  
192. Transit ional.  
 
CHAPTER 315  
TRADE MARKS ACT  
An Act to repeal and replace Registration of United Kingdom Trade Marks Act 
(Chapter 113 of the Revised Laws 1990 Edition) and the Merchandise Marks Act 
(Chapter 106 of the Revised Laws 1990 Edition) and to provide for the prom otion 
and protection of Trade Marks, and for r elated matters.  
Be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and 
consent of the House of Assembly of Saint Vincent and the Grenadines and by the 
authority of the same as f ollows.  
[Act No. 46 of 2003 amended by Act No. 50 of 2004.]  
[Date of commencement:  18th May , 2004.]  
PART I  
Preliminary  
1.   Short title and commencement  
This Act may be cited as the Trade Marks Act, 2003, and shall come into force on a 
day to be appointed by the Governor -General by order published in the Gazette , and 
different days may be appointed for different provisions and di fferent purposes.  
2.   Interpretation  
(1)  In this Act — 
“applicant”  means the person in whose name an a pplication is for the time being 
proceeding;  
“approved form”  means a form approved by the Registrar of the Commerce and 
Intellectual Property O ffice; 
“assignment” , in relation to a trade mark, means an assignment by act of the 
parties co ncerned;  
“attorney -at-law”  means a person duly  admitted and entitled to practise law in 
Saint Vincent and the Gren adines;  
[Definition of “attorney -at-law” amended by Act No. 50 of 2004.]  
“authorised use of a trade mark”  means the use of the trade mark to the extent 
only that the user uses the trade ma rk under the control of the owner of the trade mark;  
“authorised user of trade mark”  means a person who uses the trade mark under 
the control of the owner of the trade mark;  
“Comptroller”  means the Comptroller of Customs appointed under the Customs 
(Contro l and Manag ement) Act, 1999;  
[Chapter 422.]   CAP.  315  
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“Convention Country”  means a country which is a party to the Paris Convention 
for the Protection of Indu strial Property, 1883;  
“Court”  means the High Court;  
“covering”  includes packaging, frame, wrapper, co ntaine r stopper, lid or cap;  
“date of registration” , in relation to the registration of a trade mark in respect of 
particular goods or services, means the day from which the registration of the trade 
marks in respect of those goods and services is to have had ta ken effect under 
section 52; 
“designated owner” , in relation to goods imported into Saint Vincent and the 
Grenadines, means the person identified as the owner of the goods in the entry made 
pursuant to the Customs (Control and Management) Act, 1999;  
[Chapt er 422.]  
“existing registered trade mark”  means a mark that was registered under 
Regi stration of United Kingdom Trade Marks Act and whose registration is due to 
expire after the co ming into force of this Act;  
[Chapter 113 of the Revised Laws 1990 Edition.]  
“file”  means to lodge with the Commerce and Inte llectual Property Office;  
“filing date”  means — 
 (a) in relation to an application for the registration of a trade mark other than a 
divisional appl ication, the day on which the application is filed;  
 (b) in relation to a divisional application for the registration of a trade mark the 
day on which the initial application within the meaning of section 27 was 
filed;  
“geographical indication” , in relation to goods originating in a particular country 
or in a regio n or locality of that country, means a sign recognised in that country as a 
sign ind icating that the goods — 
 (a) originated in that country, region or locality; and  
 (b) have a quality, reputation or other characteristic attributable to their 
geographical origin; 
“goods of a person”  means goods dealt with or pr ovided by the person in the 
course of trade;  
“label”  includes a band or ticket;  
“limitations”  means limitations of the exclusive right to use a trade mark given by 
the registration of the trade mark i ncluding limit ations of that right as to — 
 (a) mode of use; or  
 (b) extent of use in Saint Vincent and the Gren adines;  
 (c) use in relation to goods or services to be e xported;  
“Minister”  means the Minister with responsibility for intellectual pro perty; 
“notified trade mark”  means a trade mark in respect of a notice under section  1 is 
in force;  
“objector” , in relation to seized goods, means any person who has given a notice 
under section 33 that is in force;   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
“official journal”  means a publication issued by or at the direction of the 
Commerce and Intellectual Property Office containing the matters that are required by 
this Act to be a dvertised in the Gazette ; 
[Definition of “official journal” substituted by Act No. 50 of 2004.]  
“old register”  means the Regist er of Trade Marks kept under the Registration of 
United Kingdom Trade Marks Act;  
[Chapter 113 of the Revised Laws 1990 Edition.]  
“opponent” , in relation to the registration of a trade mark, means — 
 (a) the person who has filed a notice of opposition to the  registration of the trade 
mark; or  
 (b) where section 33(5) applies, a person in whose name the notice of oppos ition 
is taken to have been filed;  
“originate” , in relation to wine, has the meaning given by section 2(7)( c)(ii); 
“pending” , in relation to an application for the registration of a trade mark, under 
this Act has the meaning given by section 2(4);  
“predecessor in title” , in relation to a person who claims to be the owner of a 
trade mark, means — 
 (a) if the trade mark was assigned or transmitted to  one or more than one pe rson 
before it was assigned or transmitted to the first -mentioned person, that other 
person or any one of those other persons; or  
 (b) if paragraph ( a) does not apply, the person who assigned the trade mark, or 
from whom the trade m ark was transmitted, to the first -mentioned person;  
“priority date”  has the meaning given by section 2(5);  
[Definition of “priority date” amended by Act No. 50 of 2004.]  
“Register”  means the Regi ster of Trade Marks kept under section 170;  
“registered owner ”, in relation to a registered trade mark, means the person in 
whose name the trade mark is registered;  
“registered trade mark”  means a trade mark whose particulars are entered in the 
Register under this Act;  
“Registrar”  means the Registrar of Commerce and  Intellectual Property Office 
designated under the Commerce and Intellectual Property Office Act;  
[Chapter 310. Definition of “Registrar” substituted by Act No. 50 of 2004.]  
“registration number” , in relation to a registered trade mark, means the number 
given to it under section 49(2);  
“seized goods”  means goods seized under section 112;  
“services of a person”  means services dealt with or provided in the course of trade 
by the person;  
“sign”  includes a letter, word, name, signature, numeral, device, brand, heading, 
label, ticket, aspect of packaging, shape, colour or sound and any combin ation thereof;  
[Definition of “sign” amended by Act No. 50 of 2004.]  
“State”  means the state of Saint Vincent and the Grenadines;   CAP.  315  
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“trade mark”  means a sign used, or intended to be used, to distinguish goods or 
services dealt with or provided in the course of trade by a person from goods or 
services so dealt with or pr ovided by any other person;  
“transmission”  means — 
 (a) transmission by operation of law; or  
 (b) devolution on the personal repr esentative of a deceased person; or  
 (c) any other kind of transfer except assignment;  
“use of trade mark in relation to goods”  means use of the trade mark upon, or in 
physical or other relation to, the goods, including secon d-hand goods;  
“use of trade mark in relation to services”  means the use of the trade mark in 
physical or in other relation to the services.  
(2)  For the purposes of this Act — 
 (a) a trade mark is taken to be applied to any goods, material or thing if it is 
woven in, i mpressed on, worked into, or affixed or annexed to, the goods, 
material or thing; and  
 (b) a trade mark is taken to be applied in relation to goods or services if it is — 
 (i) applied to any covering, document, l abel, reel or thing in or with 
which the goods are, or are intended to be, dealt with or provided in 
the course of trade, or  
 (ii) used in a manner likely to lead persons to believe that it refers to, 
describes or desi gnates the goods or services; and  
 (c) a trade mark is taken also to be applied in re lation to goods or services if it is 
used— 
 (i) in an advertisement including an adve rtisement by electronic means,  
 (ii) in an invoice, wine list, catalogue, bus iness letter, business paper, 
price list or other commercial document,  
and goods are delivered , or services provided, as the case may be, to a pe rson 
following a request or order made by referring to the trade mark as so used.  
[Subsection (2) amended by Act No. 50 of 2004.]  
(3)  For the purposes of this Act, a trade mark is taken to be deceptively similar to 
another trade mark if it so nearly resembles that other trade mark that it is likely to 
deceive or cause confusion.  
(4)  (1)  An application for the registration of a trade mark under this Act is pending 
from the time it is filed until — 
 (a) it lapses, is withdrawn or is rejected;  
 (b) if the Registrar refuses under section 36 to register the trade mark and there 
is no appeal against the decision, the end of the period a llowed for the 
appeal; or  
 (c) the Registrar refuses to register the trade ma rk; and — 
 (i) there is an appeal against the decision, and  
 (ii) the decision is co nfirmed on appeal,  
the day on which the decision is confirmed on appeal; or   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (d) the trade mark is registered.  
(2)  An application for the registration of a trade mark unde r the Registration of 
United Kingdom Trade Marks Act is pending if immediately before the commencement 
date of this Act the application had not been wit hdrawn.  
[Chapter 113 of the Revised Laws 1990 Edition.]  
(5)  The priority date for the registration of a  trade mark in respect of particular goods 
or services is — 
 (a) if the trade mark is registered, the date of regi stration of the trade mark in 
respect of those goods or services; or  
 (b) if the registration of the trade mark is being sought the day that wo uld be the 
date of registration of the trade mark in respect of those goods or se rvices if 
the trade mark was regi stered.  
(6)  A trade mark is taken to have been removed from the Register if the Registrar 
makes an entry in the Register to the effect that a ll entries in the Register relating to the 
trade mark are taken to have been removed from the Register.  
(7)  For the purposes of this Act — 
 (a) goods are similar to other goods if — 
 (i) they are the same as the other goods, or  
 (ii) they are of the same d escription as that of the other goods;  
 (b) services are similar to other services — 
 (i) if they are the same as the other se rvices, or  
 (ii) if they are of the same description as that of the other services; and  
 (c) a wine is taken to have originated — 
 (i) in a foreign country or in the state only if the wine is made within the 
territory of that country or the state, as the case may be, and  
 (ii) a wine is taken to have originated in a particular region or locality of a 
foreign country or of the state only  if the wine is made from grapes 
grown in that r egion or locality.  
3.   Authorised use of a trade mark  
(1)  If the owner of a trade mark exercises quality control over goods or services — 
 (a) dealt with or provided in the course of trade by another person;  and 
 (b) in relation to which the trade mark is used,  
the other person is taken, for the purposes of subsection (1), to use the trade mark in 
relation to the goods or services u nder the control of the owner.  
(2)  If— 
 (a) a person deals with or provides, in the course of trade, goods or services in 
relation to which a trade mark is used; and  
 (b) the owner of the trade mark exercises financial control over the other 
person’s relevant trading activ ities, 
the other person is taken, for the purposes of sectio n 4(3), to use the trade mark in rel ation 
to the goods or services under the control of the owner.   CAP.  315  
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(3)  Subsections (1) and (2) do not limit the meaning of the expression “under the 
control of  ” under section 4(3) and in the definition of “authorised use o f a trade mark” 
under section 2.  
[Subsection (3) amended by Act No. 50 of 2004.]  
4.   Use of trade mark  
(1)  If the Registrar or the Court, having regard to the circumstances of a particular 
case, thinks fit, the Registrar or the Court may decide that a pe rson has used a trade mark 
if it is e stablished that the person has used the trade mark with additions or alterations that 
do not substantially affect the identity of the trade mark.  
(2)  A trade mark is capable of being represented graphically if it can b e represented 
on paper.  
(3)  A person is an authorised user of a trade mark if the person uses the trade mark in 
relation to goods or services under the control of the owner of the trade mark.  
PART II  
Trade Marks and Trade Marks Rights  
5.   Categories of t rade marks which may be registered  
(1)  A trade mark may be registered in accordance with this Act in respect of — 
 (a) goods;  
 (b) services; or  
 (c) both goods and services.  
(2)  The registration of a trade mark may be in respect of goods or services of mo re 
than one class.  
6.   Rights accrued by registration of trade mark  
(1)  If a trade mark is registered, the registered owner of the trade mark shall have, 
subject to this Part, the exclusive rights — 
 (a) to use the trade mark; and  
 (b) to authorise other persons to use the trade mark,  
  in relation to the goods or services in r espect of which the trade mark is 
registered;  
 (c) to obtain relief under this Act if the trade mark has been i nfringed.  
(2)  Pursuant to subsection (1) the rights are taken to have accrued to the registered 
owner as from the date of registration of the trade mark.  
(3)  If the trade mark is registered subject to conditions or limitations, the rights of the 
registered owner shall be r estricted by those conditions or limitations.  
(4)  If the trade mark is registered in the name of two or more persons as joint owners 
of the trade mark, the rights granted to those persons under this section are to be exe rcised 
by them as if they were the rights of a single person.   CAP.  315  
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7.   Nature of registered  trade mark as property  
A registered trade mark shall be deemed to be the personal property of the owner of 
the trade mark and any rights in respect of it shall be enforceable in the same way as 
rights in r espect of any other personal property.  
8.   Power of registered owner to deal with trade mark  
(1)  The registered owner of a trade mark may, subject only to any rights vested in 
another person, deal with the trade mark as its absolute owner and give in good faith 
discharges for any consideration for that dealing.  
(2)  Subsection (1) applies only to a person who deals with the registered owner as a 
purchaser in good faith for value, and without notice of any fraud on the part of the owner.  
9.   Limitation of rights for similar trade marks registered by diff erent persons  
If the trade marks that are substantially identical or deceptively similar have been 
registered by more than one person whether in respect of the same or different goods or 
services, the registered owner of any one of those trade marks shall not have the right to 
prevent the registered owner of any other of those trade marks from using that trade mark 
except to the extent that the first -mentioned owner is authorised to do so under the 
registration of his trade mark.  
10.   Trade mark as a sign describing article  
(1)  This section shall apply if a registered trade mark consists of, or contains, a sign 
that, after the date of registration of the trade mark, becomes generally accepted within the 
relevant trade as the sign that describes or is the n ame of an article, substance or se rvice. 
(2)  If the trade mark consists of the sign, the registered owner — 
 (a) shall not have any exclusive rights to use, or authorise other persons to use, 
the trade mark in relation to — 
 (i) the article or substance or other goods of the same description, or  
 (ii) the service or other services of the same description; and  
 (b) is taken to have ceased to have those exclusive rights from and including the 
day dete rmined by the court under subsection (4).  
(3)  If the trade mark contains the sign, the registered owner — 
 (a) does not have any exclusive rights to use, or authorise other persons to use, 
the sign in rel ation to — 
 (i) the article or substance or other goods of the same description, or  
 (ii) the service or other se rvices of the same description; and  
 (b) is taken to have ceased to have those exclusive rights from the day 
determined by the court under subsection (4).  
(4)  For the purposes of subsections (2) and (3), the Court may determine the day on 
which a sign fir st became generally accepted within the relevant trade as the sign that 
describes or is the name of the article, substance or service.  
11.   Trade mark relating to article formerly manufa ctured under patent  
(1)  This section shall apply if —  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (a) a register ed trade mark consists of, or co ntains, a sign that describes or is the 
name of — 
 (i) an article or substance that was fo rmerly exploited under a patent, or  
 (ii) a service that was formerly provided as a patented process; and  
 (b) it has been at least two  years since the patent has expired or ceased; and  
 (c) the sign is the only commonly known way to describe or identify the art icle, 
substance or service.  
(2)  If the trade mark consists of the sign referred to in subsection (1), the registered 
owner — 
 (a) shall not have any exclusive rights to use, or authorise other persons to use, 
the trade mark in relation to — 
 (i) the article or substance or other goods of the same description, or  
 (ii) the service or other services of the same description; and  
 (b) shall be deemed to have ceased to have those exclusive rights from the end 
of the period of two years after the patent has expired or ceased.  
12.   Powers of authorised user of registered trade mark  
(1)  Subject to any agreement made between the registered o wner of a registered trade 
mark and an authorised user of the trade mark, the authorised user may do any of the 
following— 
 (a) use the trade mark in relation to the goods or services in respect of which the 
trade mark is registered, subject to any conditi ons or limitations made when 
the trade mark was regi stered;  
 (b) subject to subsection (2), bring an action for infringement of the trade mark 
at any time, within the prescribed period if the registered owner refuses or 
rejects to do so within the prescrib ed period;  
 (c) cause to be displayed on goods in respect of which the trade mark is 
registered, or on their package, or on the container in which they are offered 
to the public, a notice prohibiting any act that is under section 101 a 
prohi bited act in re lation to the goods;  
 (d) either — 
 (i) give to the Comptroller a notice under section 101 objecting to the 
importation of goods that infringe the trade mark, or  
 (ii) revoke the notice given under subsection (1);  
 (e) give permission to any person — 
 (i) to alter or deface, or  
 (ii) to make any addition to, or  
 (iii) to remove, erase or obliterate, wholly or partly,  
a registered trade mark that is applied to any goods, or in relation to any 
goods or services, in respect of which the trade mark is regi stered;  
 (f) give permission to any person to apply the trade mark to goods, or in rel ation 
to goods or services, in respect of which the trade mark is registered.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(2)  Subject to subsection (3) if the authorised user of the trade mark brings an action 
for infrin gement of the trade mark, the authorised user shall make the registered owner of 
the trade mark a defendant in the action.  
(3)  The registered owner shall not be liable for costs if he does not take part in the 
proceedings for an action brought pursuant to  subsection (2).  
PART III  
Application for Registration  
13.   Making of application  
(1)  A person may apply to the Registrar for the registration of a trade mark in respect 
of goods or services if — 
 (a) the person claims to be the owner of the trade mark; a nd 
 (b) either — 
 (i) is using or intends to use the trade mark in relation to the goods or 
services,  
 (ii) has authorised or intends to authorise another person to use the trade 
mark in rel ation to the goods or services, or  
 (iii) intends to assign the tra de mark to a body corporate that is about to be 
constituted so that the trade mark could be used by the body co rporate 
in relation to goods or services.  
[Subsection (1) amended by Act No. 50 of 2004.]  
(2)  The application shall — 
 (a) be in accordance with the regulations; and  
 (b) be filed, together with any prescribed document, in accordance with the 
regul ations.  
(3)  Without limiting the particulars that may be included in an application, the 
application shall — 
 (a) include six representations of the trad e mark; and  
 (b) specify, in accordance with the regulations, the goods or services in respect 
of which it is sought to register the trade mark.  
(4)  An application other than an application under section 32 for the registration of 
two or more trade marks as a series, may be made in respect of goods and services of one 
or more of the classes prescribed in the Regulations.  
14.   Application by joint owners  
If the relationship between two or more persons inte rested in a trade mark is such that 
none of them is  entitled to use the trade mark except — 
 (a) on behalf of all of them; or  
 (b) in relation to goods or services with which e ither of them is connected in the 
course of trade,  
they may together apply for its registration under section 13(1).   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
[Section 14 ame nded by Act No. 50 of 2004.]  
15.   Claim for right of priority  
(1)  If— 
 (a) a person has made an application for the re gistration of a trade mark in one 
or more than one Convention country; and  
 (b) within six months after the day on which that applicatio n, or the first of those 
applications was made, that person or his successor in title applies to the 
Registrar for the registration of the trade mark in respect of which 
registration was sought in that country or those countries,  
the person or his successo r in title may, when filing the application, or within the 
prescribed period after the filing of the application but before the application is accepted, 
claim a right of priority for the registration of the trade mark in r espect of any or all of 
those good s or services in accordance with the Regulations.  
(2)  Pursuant to subsection (1) the priority claimed shall be for the registration of the 
trade mark in respect of goods or services — 
 (a) if an application to register the trade mark was made in only one C onve ntion 
country from and including the day on which the applic ation was made in 
that country; or  
 (b) if the application to register the trade mark was made in more than one 
Convention country from and including the day on which the earliest of 
those a pplications were made.  
16.   Duties of the Registrar with respect to application of trade marks  
(1)  The Registrar shall — 
 (a) publish a notice, in the prescribed form, of an application to register a trade 
mark;  
 (b) in accordance with the regulations, exam ine and report on — 
 (i) whether the application has been made in accordance with this Act,  
 (ii) whether there are grounds under sections 21 to 26 of this Part for 
rejecting the a pplication.  
[Subsection (1) amended by Act No. 50 of 2004.]  
(2)  If a questio n arises as to the class in which goods or services are comprised — 
 (a) that question shall be decided by the Registrar; and  
 (b) that decision of the Registrar shall not be subject to appeal and may not be 
called into question in an appeal or other procee dings u nder this Act.  
(3)  The Registrar shall, after the examination made pursuant to subsection (1), accept 
the application made purs uant to section 13 unless he is satisfied that — 
 (a) the application has not been made in acco rdance with this Act; or  
 (b) there are grounds for rejecting it.  
(4)  The Registrar shall not reject an application made pursuant to section 13 without 
giving the applicant an o pportunity of being heard.  
(5)  The Registrar shall —  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (a) notify the applicant in writing of his decision  under subsection (3);  
 (b) publish notice of the decision in the official journal.  
17.   Right to appeal  
An applicant may appeal to the Court against a decision made by the Registrar — 
 (a) to accept an application subject to conditions or limitations; or  
 (b) to reject an application.  
18.   Deferment of acceptance  
The Registrar may defer the acceptance of an application in the circumstances, and for 
the period, provided for in the Regulations.  
19.   Lapsing of application  
(1)  Subject to subsection (2), an  application to register a trade mark shall lapse if it is 
not accepted within the prescribed period or within that period as extended in accordance 
with the Regulations.  
(2)  If, after the prescribed period or the prescribed period as extended has expired , the 
Registrar extends under section 185 the period within which the application may be 
accepted, the application — 
 (a) shall be deemed not to have lapsed when the prescribed period expired; and  
 (b) shall lapse if it is not accepted within the e xtended p eriod.  
20.   Revocation of acceptance  
(1)  If, before a trade mark is registered, the Registrar is satisfied — 
 (a) that the application for registration of the trade mark was accepted because 
of an error or omission in the course of the examination; or  
 (b) that, in the special circumstances of the case, the trade mark should not be 
registered, or should be registered subject to conditions or limitations, or to 
additional or different cond itions or limitations,  
the Registrar may revoke the acceptance of the  application.  
(2)  If the Registrar revokes the acceptance of the appl ication — 
 (a) the application shall be deemed to have never been accepted; and  
 (b) the Registrar shall examine, and report on the application as necessary u nder 
section 16; and  
 (c) section 16 shall again apply in relation to the application.  
21.   Signs prescribed not to be used as trade marks  
(1)  An application for the registration of a trade mark shall be rejected if the trade 
mark contains or consists of a sign that is prescribed fo r the purposes of this subsection 
not to be used as a trade mark.  
(2)  An application for the registration of a trade mark may be rejected if the trade 
mark contains or consists of —  CAP.  315  
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 (a) a sign that is prescribed for the purposes of this subsection; or  
 (b) a sign so nearly resembling — 
 (i) a sign referred to in paragraph ( a), or 
 (ii) a sign referred to in subsection (1),  
as to be likely to be taken for it.  
[Section 21 repealed and replaced by Act No. 50 of 2004.]  
22.   Trade mark that cannot be represente d graphically  
An application for the registration of a trade mark shall be rejected if the trade mark 
cannot be represented graph ically.  
23.   Trade mark not distinguishing applicants, goods or services  
(1)  For the purposes of this section, the use of a t rade mark by a predecessor in title of 
an application for the registration of the trade mark is taken to be a use of the trade mark 
by the applicant.  
(2)  An application for the registration of a trade mark shall be rejected if the trade 
mark is not capabl e of disti nguishing the applicant’s goods or services in respect of which 
the trade mark is sought to be registered from the goods or services of other persons.  
(3)  In deciding the question whether or not a trade mark is capable of distinguishing 
the good s or services of the applicant from the goods or services of any other person, the 
Regi strar shall first take into account the extent to which the trade mark is inherently 
adapted to distinguish the desi gnated goods or services of the applicant from the go ods or 
services of the other person.  
(4)  Pursuant to subsection (3), if the Registrar finds that the trade mark is to some 
extent inherently adapted to distinguish the designated goods or services from the goods 
or se rvices of other persons but is unable to decide, on that basis alone that the trade mark 
is capable of distinguishing the designated goods or services, the following shall apply — 
 (a) the Registrar shall consider whether, because of the combined effect of the 
following — 
 (i) the extent to whic h the trade mark is inherently adapted to disti nguish 
the designated goods or services,  
 (ii) the use, or intended use, of the trade mark by the applicant,  
 (iii) any other circumstances,  
the trade mark does or will distinguish the de signated goods or serv ices as 
being those of the applicant; and  
 (b) if the Registrar is then satisfied that the trade mark does or will so 
distinguish the designated goods or services the trade mark shall be deemed 
to be capable of disti nguishing the applicant’s goods or servi ces from the 
goods or services of any other person; and  
 (c) if the Registrar is not satisfied that the trade mark does or will so disti nguish 
the designated goods or services, the trade mark shall not be deemed to be 
capable of distinguishing the applican t’s goods or services from the goods or 
services of any other person.  
[Subsection (4) amended by Act No. 50 of 2004.]   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(5)  If the Registrar finds that the trade mark is not inherently adapted to distinguish the 
designated goods or services of the applicant  from the goods or services of any pe rson, the 
following provisions shall apply — 
 (a) if the applicant establishes that, because of the extent to which the appl icant 
has used the trade mark before the filing date in respect of the applic ation, it 
does dist inguish the designated goods or services of the applicant as being 
those of the applicant, the trade mark is taken to be capable of disti nguishing 
the designated goods or se rvices from the goods or services of any other 
person;  
 (b) in a case other than pa ragraph ( a) the trade mark is taken not to be capable of 
distinguishing the designated goods or services of the a pplicant from the 
goods or services of any other person.  
24.   Trade mark scandalous or its use contrary to law  
An application for the registra tion of a trade mark shall be rejected if — 
 (a) the trade mark contains or consists of sca ndalous matter; or  
 (b) its use would be contrary to law.  
[Section 24 short title substituted by Act No. 50 of 2004.]  
25.   Trade mark likely to deceive or cause conf usion  
An application for the registration of a trade mark in respect of particular goods or 
services shall be rejected if, because of some connotation that the trade mark or sign 
contained in the trade mark has its use in relation to those goods or service s would be 
likely to deceive or cause confusion.  
26.   Identical trade marks  
(1)  Subject to subsections (3) and (5), an application for the registration of a trade 
mark in respect of goods shall be rejected if — 
 (a) the applicant’s trade mark is substanti ally identical with, or deceptively 
similar to — 
 (i) a trade mark registered by another pe rson in respect of similar goods 
or closely related services, or  
 (ii) a trade mark whose registration in r espect of similar goods or closely 
related services is bein g sought by another person; and  
 (b) the priority date for the registration of the applicant’s trade mark in respect 
of the applicant’s goods is not earlier than the priority date for the 
registr ation of the other trade mark in respect of the similar goods  or closely 
related se rvices.  
(2)  Subject to subsections (3) and (5), an application for the registration of a trade 
mark in respect of services shall be rejected if — 
 (a) it is substantially identical with, or deceptively similar to — 
 (i) a trade mark re gistered by another person in respect of similar se rvices 
or closely r elated goods, or  
 (ii) a trade mark whose registration in respect of similar services or 
closely r elated goods is being sought by another person; and   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (b) the priority date for the regis tration of the applicant’s trade mark in respect 
of the applicant’s services is not earlier than the priority date for the 
registration of the other trade mark in respect of the similar services or 
closely related goods.  
(3)  If the Registrar in either cas e is satisfied — 
 (a) that there has been honest concurrent use of the two trade marks; and  
 (b) that, because of other circumstances, it is proper to do so,  
the Registrar may accept the application for the registration of the applicant’s trade mark 
subject  to any conditions or limitations that the Registrar thinks fit to impose.  
(4)  Pursuant to subsection (3), if the applicant’s trade mark has been used only in a 
particular area, the limitations may include that the use of the trade mark is to be 
restricte d to that particular area.  
(5)  If the Registrar in either case is satisfied that the applicant, or the applicant and his 
predecessor in title, have continuously used the applicant’s trade mark for a period — 
 (a) beginning before the priority date for the registration of the other trade mark 
in respect of — 
 (i) the similar goods or closely related se rvices, or  
 (ii) the similar services or closely related goods; and  
 (b) ending on the priority date for the registration of the applicant’s trade mark,  
the Reg istrar may not reject the application because of the existence of the other trade 
mark.  
PART IV  
Divisional Applications  
27.   Making of divisional application  
(1)  A person who has made an application for the regi stration of a trade mark in 
respect of cert ain goods or services or both may, in accordance with this Part, make 
another a pplication — 
 (a) for the registration of a part only of the trade mark in respect of any of all 
those goods or services or both; or  
 (b) for the registration of the trade mark i n respect of some of the goods or 
services or both in respect of which registration is sought under the initial 
application; or  
 (c) if the initial application has been amended to exclude some of the goods or 
services or both in respect of which registrati on was sought in the first place, 
or the registration of the trade mark in respect of any or all of the goods or 
services or both that have been so excluded.  
(2)  For the purposes of this Part, the initial application shall be taken to be the 
application o f which particulars have been published by the Registrar under section 16.  
[Subsection (2) amended by Act No. 50 of 2004.]  
(3)  For the avoidance of doubt a divisional application is an application made under 
this Part.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(4)  A divisional application for th e registration of a trade mark may be made only if 
the initial application for the re gistration of the trade mark is pending.  
28.   Divisional application for registration of part of trade mark  
(1)  This section provides for the making of a divisional appl ication for the registr ation 
of a part only of the trade mark that is subject of the initial application.  
(2)  If a part of a trade mark, by itself, may be registered as a trade mark, the applicant 
for the registration of the trade mark may, within the pre scribed period but subject to 
subsection (3), make a divisional application for the registr ation of that part as a trade 
mark in respect of any or all of the goods or services or both specified in the initial 
applic ation. 
(3)  If the initial application ha s been accepted, the div isional application may not be 
made after the acceptance is advertised in the official journal pursuant to section 16(5).  
29.   Divisional application for registration of trade mark in respect of goods  
(1)  This section provides for  the making of a divisional application for the registr ation 
of a trade mark in respect of some of the goods or services or both in respect of which 
registration of the trade mark is being sought by the initial application.  
(2)  The applicant for the regis tration of a trade mark may, subject to subsection (3), 
make a divisional application for the registration of the trade mark in respect of any but 
not all of — 
 (a) the goods or services or both specified in the initial application; or  
 (b) if the initial a pplication has been amended to exclude some of the goods or 
services or both specified in that application before its amendment the goods 
or services or both specified in the initial application as amended.  
[Subsection (2) amended by Act No. 50 of 2004.]  
(3)  If the initial application has been accepted, the div isional application may not be 
made after the acceptance is advertised in the official journal pursuant to section 16.  
30.   Divisional application for registration of trade mark in respect of goods excluded 
from the initial application  
(1)  This section shall — 
 (a) apply if the initial application for the registr ation of a trade mark is amended 
to exclude some of the goods or services or both specified in that application 
before its amendment; and  
 (b) provide for the making of a divisional applic ation in respect of any or all of 
the excluded goods or services or both.  
(2)  If the initial application is amended — 
 (a) before a decision is made about it under se ction 16; or  
 (b) if the initial applicati on is accepted before its acceptance is advertised in the 
official journal, pursuant to section 16,  
the applicant may, within the prescribed period but subject to subsection (3), make a 
divisional application for the regi stration of the trade mark in respe ct of any or all of the 
goods or services or both that have been excluded from the initial application.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(3)  If the initial application has been accepted, the div isional application may not be 
made after the acceptance is advertised in the official journal , pursuant to section 16.  
(4)  If the initial application whether it has already been amended or not is amended 
after its acceptance has been advertised in the official journal, the applicant may, within 
the prescribed period, make a divisional application  for the registration of the trade mark 
in respect of any or all of the goods or services or both that have been excluded from the 
application whose acceptance was advertised in the official journal, pursuant to section 16.  
31.   Filing date  
A divisional a pplication shall be taken to have been filed on the day on which the 
initial application concerned was filed.  
PART V  
Application for Registration of Series of Trade Marks  
32.   Application for registration of series of trade marks  
(1)  A person may make a single application under se ction 13(1) for the registration of 
two or more trade marks in respect of similar goods or similar services within a single 
class if the trade marks resemble each other in material pa rticulars and differ only in 
respect of one or  more of the following matters — 
 (a) statements or representations as to the goods or services in relation to which 
the trade marks are used or are intended to be used;  
 (b) statements or representations as to number, price, quality or names of places;  
 (c) the colour of any part of the trade mark;  
 (d) any matter that is not inherently adapted to distinguish the goods or se rvices 
and does not substantially affect the identity of the trade marks.  
(2)  If— 
 (a) the application meets all the requirements of t his Act; and  
 (b) the Registrar is required under section 48 to register the trade marks,  
he shall register them as a series in one registration.  
PART VI  
Opposition to Registration  
33.   Opposition  
(1)  If the Registrar has accepted an application for the registration of a trade mark, a 
person may oppose the regi stration by filing a notice of opposition.  
(2)  The notice of opposition shall be in a prescribed form and shall be filed within 
that period as extended in acco rdance with the regulations made hereu nder.  
(3)  The opponent shall serve a copy of the notice of the opposition filed pursuant to 
subsection (1) on the applicant.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(4)  The registration of a trade mark may be opposed only on the grounds specified 
under Part VII and no other grounds.  
(5)  If— 
 (a) a person is granted an extension of time in which to file a notice of 
oppos ition; and  
 (b) before the notice of opposition is filed, the right or interest on which the 
person could have relied to file the notice of opposition becomes vested in 
another person; and  
 (c) the other person notifies the Registrar in wri ting that the right or interest is 
vested in him,  
then— 
 (d) the other person is taken to have been granted an extension of time in which 
to file the notice of opposition; and  
 (e) that extensi on ends when the extension stip ulated pursuant to paragraph ( a) 
ends.  
[Subsection (5) amended by Act No. 50 of 2004.]  
34.   Circumstances in which opposition may proceed in name of a person other than 
the person who filed the n otice 
If— 
 (a) after a person  has filed a notice of opposition, the right or interest on which 
the person relied to file the notice of opposition becomes vested in another 
person; and  
 (b) the other person — 
 (i) notifies the Registrar in writing of that right or interest which was 
vested in him, and  
 (ii) does not withdraw the opposition,  
the opposition shall proceed as if the notice of opposition had been filed in that other 
person’s name.  
35.   Opposition proceedings  
(1)  The Registrar shall give to the opponent and to the applicant an opportunity of 
being heard on the opposition.  
(2)  Regulations shall prescribe the procedure for hearing opposition proceedings.  
36.   Decision of the Registrar  
Unless the proceedings are discontinued or dismissed, the Registrar shall at the end 
decide — 
 (a) to refuse to register the trade mark; or  
 (b) to register the trade mark with or without co nditions or limitations in respect 
of the goods or services or both then specified in the application,  
having regard to the extent if any to which any ground o n which the application was 
opposed has been established.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
37.   Appeal  
An applicant or opponent may appeal to the Court from a decision of the Registrar 
under section 36.  
PART VII  
Grounds for Opposing Registration  
38.   Opposition to registration of trade mark  
The registration of a trade mark may be opposed on any of the grounds on which an 
application for the registration of a trade mark may be rejected under Part III, except the 
ground that the trade mark cannot be represented graph ically.  
[Section 38 ame nded by Act No. 50 of 2004.]  
39.   Registration may be opposed on same grounds as for rejection  
The registration of a trade mark may be opposed on the ground that — 
 (a) the applicant is not the owner of the trade mark; or  
 (b) the applicant does not intend — 
 (i) to use, or authorise the use of the trade mark in Saint Vincent and the 
Gren adines, or  
 (ii) to assign the trade mark to a body corporate for use by the body 
corporate in Saint Vincent and the Grenadines,  
in relation to the goods or services or both  specified in the application.  
40.   Trade mark similar to trade mark that has acquired a reputation in Saint 
Vincent and the Grenadines  
The registration of a trade mark in respect of particular goods or services may be 
opposed on the ground that — 
 (a) it is substantially identical with, or deceptively similar to, a trade mark that, 
before the prio rity date for the registration of the first -mentioned trade mark 
in respect of those goods or services, had acquired a reputation in Saint 
Vincent and the Grenadi nes; and  
 (b) because of the reputation of that other trade mark, the use of the first -
mentioned trade mark would be likely to deceive or cause co nfusion.  
41.   Trade mark containing or consisting of a false ge ographical indication  
(1)  The registration of  a trade mark in respect of particular goods may be opposed on 
the ground that the trade mark contains or consists of a sign that is a geographical 
indic ation for other goods originating in — 
 (a) a country, or in a region or locality in a cou ntry, other th an the country in 
which the rel evant goods originated; or  
 (b) a region or locality in the country in which the relevant goods originated 
other than the region or locality in which the relevant goods orig inated.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(2)  An opposition on a ground referred to i n subsection (1) shall fail if the applicant 
establishes that — 
 (a) the relevant goods originated in the country, region or locality identified by 
the geograph ical indication;  
 (b) the sign has ceased to be used as a geographical indication for the desi gnated 
goods in the country in which the designated goods orig inated; or  
 (c) the applicant, or a predecessor in title of the applicant, used the sign in good 
faith in respect of the relevant goods, or applied in good faith for the 
registration of the trade m ark in respect of the relevant goods, before — 
 (i) the commencement of this Act,  
 (ii) the day on which the sign was recognised as a geographical indic ation 
for the desi gnated goods in their country or origin,  
whichever is the later; or  
 (d) if the registr ation of the trade mark is being sought in respect of wine or 
spirits the sign is identical with the name that, on the commencement of this 
Act, was, in the country in which the relevant wine or spirits orig inated, the 
customary name of a variety of grapes  used in the production of the relevant 
wine or spirits.  
[Subsection (2) amended by Act No. 50 of 2004.]  
(3)  An opposition on a ground referred to in subsection (1) shall also fail if the 
applicant establishes that — 
 (a) although the sign is a geographica l indication for the designated goods, it is 
also a ge ographical indication for the relevant goods; and  
 (b) the applicant has not used, and does not i ntend to use, the trade mark in 
relation to the relevant goods in a way that is likely to deceive or conf use 
members of the public as to the origin of the relevant goods.  
(4)  For the purpose of this section — 
“designated goods”  means the other goods referred to in subsection (1); and  
“relevant goods”  means the particular goods for which registration is oppose d 
pursuant to subsection (1).  
42.   Application defective  
The registration of a trade mark may be opposed on any of the following grounds — 
 (a) that the application, or a document filed in support of the application, was 
amended co ntrary to this Act;  
 (b) that the Registrar accepted the application for registration on the basis of 
evidence or representations that were false in material partic ulars. 
PART VIII  
Amendment of Application for Registration of a Trade Mark and other Documents  
43.   Amendment of app lication for registration of trade mark   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(1)  The Registrar may, at the written request of the applicant or his agent, amend an 
application for the registr ation of a trade mark in accordance with section 44 or 45.  
(2)  If— 
 (a) an application for the regist ration of a trade mark may be amended under 
section 45; and  
 (b) the applicant has not asked in writing that the application be amended,  
the Registrar may, on his own initiative but in accordance with the regulations, amend the 
application as necessary to remove any ground on which the application could be r ejected 
so as to ensure that the application is made in acco rdance with this Act.  
44.   Amendment before particulars of application are published  
If— 
 (a) the particulars of the application have not yet been published under 
section 16(1); and  
 (b) the request for the amendment is made within the prescribed period,  
an amendment may be made to correct a clerical error or an obvious mistake.  
45.   Amendment after particulars of application have been publishe d 
If the particulars of an application have been published under section 16(1), an 
amendment may be made — 
 (a) to the representation of the trade mark if the amendment does not 
substa ntially affect the identity the trade mark as at the time when the 
partic ulars of the application were pu blished;  
 (b) to correct a mistake of fact or an error in the classification of any goods or 
services spec ified in the application;  
 (c) to change the type of registration sought in the application;  
 (d) to any other particu lar specified in the applic ation other than that referred to 
in paragraph ( c) unless the amendment would have the effect of exten ding 
the rights that, apart from the amendment, the applicant would have under 
the regi stration if it were granted.  
[Section 45  amended by Act No. 50 of 2004.]  
46.   Amendment of other documents  
The Registrar may, at the written request of the person who has filed an application 
other than an application for the registration of a trade mark, a notice or other document 
for the purp oses of this Act or at the written request of the person’s agent, amend the 
application, notice or document — 
 (a) to correct a clerical error or an obvious mi stake; or  
 (b) if the Registrar is of the opinion that it is fair and reasonable in all the 
circumstances of the case to do so.  
47.   Appeal of decision or amendment  
An appeal lies to the Court from a decision of the Regi strar under this Part.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
PART IX  
Registration of Trade Marks  
48.   Duty of Registrar to register  
(1)  The Registrar shall, within the p eriod prescribed, register a trade mark that has 
been accepted for registration — 
 (a) if there has been no opposition to the registr ation; or  
 (b) if there has been opposition, and if the Regi strar’s decision or in the case of 
an appeal against the Registr ar’s decision, the decision on appeal, is that the 
trade mark should be registered.  
(2)  Upon registration of a trade mark, pursuant to subsection (1), the Registrar shall 
give it a number by which it may be identified.  
49.   Registration: how effected  
(1)  The trade mark shall be registered — 
 (a) in the name of the applicant for registration; and  
 (b) in respect of the goods or services or both specified in the application at the 
time of regi stration; and  
 (c) subject to the conditions, and the limitations  if any imposed by the Regi strar 
in accepting the application for registration or deciding to register the trade 
mark.  
(2)  The Registrar shall enter in the register the particulars stated in subsection (1) and 
shall also enter the following — 
 (a) a graphi cal representation of the trade mark;  
 (b) its registration number; and  
 (c) any other particulars that are required by this Act to be entered in the Regi ster. 
[Subsection (2) amended by Act No. 50 of 2004.]  
(3)  If two or more persons applied together for  the registration of the trade mark the 
applicants shall be registered as joint owners of the trade mark.  
50.   Colours in registered trade marks  
(1)  A trade mark may be registered with limitations as to colour.  
(2)  The limitations may be in respect of t he whole, or a part, of the trade mark.  
(3)  To the extent that a trade mark is registered without limitations as to colour, it is 
taken to be registered for all co lours.  
51.   Notification of registration  
When a trade mark has been registered, the Registr ar shall — 
 (a) advertise the registration in the official jou rnal; and  
 (b) give to the registered owner of the trade mark a certificate of registration in a 
prescribed form.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
52.   Date and term of registration  
(1)  The registration of a trade mark in resp ect of goods or services or both is taken to 
have had effect from and including the filing date in respect of the application for 
registration.  
(2)  Pursuant to subsection (1), if — 
 (a) the application was made in respect of a trade mark whose registration  had 
also been sought in one or more than one Convention country;  
 (b) the applicant claimed a right of priority under section 15 for the registration 
of the trade mark in respect of particular goods or services; and  
 (c) the trade mark is registered under  this Act,  
the registration of the trade mark in respect of those goods or services is taken to have had 
effect, if an application to re gister the trade mark was made in only one Convention 
country from and including the day in which the application was ma de in that country, or 
if applications to register the trade mark were made in more than one Convention country 
from and including the day on which the earliest of those applic ations were made.  
(3)  Unless it is earlier cancelled, or the trade mark is earl ier removed from the 
Regi ster, the registration of the trade mark expires ten years after the filing date in respect 
of the application for its registration.  
53.   Ceasing of registration  
The registration of a trade mark ceases if — 
 (a) the trade mark is r emoved from the Register under section 58 or under 
Part XII; or  
 (b) the registration of the trade mark is cancelled.  
54.   Disclaimers  
(1)  An applicant for the registration of a trade mark, or the registered owner of a 
registered trade mark, may, by noti ce in writing given to the Registrar, disclaim any 
exclusive right to use, or authorise the use of, a specified part of the trade mark.  
(2)  A disclaimer under subsection (1) shall affect only the rights given by this Act to 
the registered owner of the tra de mark on registration of the trade mark.  
(3)  The Registrar shall, on registering the trade mark or on receiving notice of the 
disclaimer whichever is later, enter the particulars of the disclaimer in the Register.  
(4)  A disclaimer properly made shall n ot be revoked.  
55.   Request for renewal of registration  
(1)  Any person may, within the prescribed period before the registration of a trade 
mark expires, file a request with the Registrar seeking renewal of the registration.  
[Subsection (1) amended by Ac t No. 50 of 2004.]  
(2)  The request under subsection (1) shall be filed in the prescribed form.  
56.   Notice of renewal due   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
If, within the prescribed period, the Registrar has not received a request for the 
renewal of the registration of the trade mark, th e Registrar shall, in accordance with the 
regul ations, notify the registered owner of the trade mark that the renewal is due.  
[Section 56 amended by Act No. 50 of 2004.]  
57.   Renewal before registration expires  
(1)  If a request for the renewal of the reg istration of a trade mark is made in 
accordance with section 55, the Regi strar shall renew the registration for a period of ten 
years from the day on which the registration of the trade mark would have expired if it 
were not r enewed.  
[Subsection (1) amende d by Act No. 50 of 2004.]  
(2)  The Registrar shall give notice in the prescribed form, of a renewal to the 
registered owner of the trade mark in accordance with the regulations.  
58.   Failure to renew  
If the registration of a trade mark is not renewed unde r section 55, then — 
 (a) subject to sections 59 and 60, the registration shall cease to have effect when 
it expires; and  
 (b) unless the registration is renewed under section 59, the Registrar shall 
remove the trade mark from the Register twelve months aft er the day on 
which the registration e xpired.  
59.   Renewal within twelve months after registration e xpires  
If, within twelve months after the registration of a trade mark has expired, a person 
makes a request to the Registrar, in accordance with section 5 5, to renew the registration 
of the trade mark, the Registrar shall renew the registration of the trade mark for ten years 
from the day on which the regi stration expired.  
60.   Status of unrenewed trade mark  
If— 
 (a) the registration of a trade mark has no t been renewed; and  
 (b) within twelve months after the registration expired, an application for the 
registration of a trade mark is made, by a person other than the person who 
was regi stered as the owner of the unrenewed trade mark,  
the unrenewed trade ma rk shall be deemed to be a registered trade mark for the purposes 
of the application.  
[Section 60 amended by Act No. 50 of 2004.]  
PART X  
Amendment and Cancellation of Registration – Action by Registrar  
61.   Correction of Register   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
The Registrar may, on his  own initiative, correct any error or omission made in 
entering in the Register any particular in respect of the registration of a trade mark.  
62.   Adaptation of classification  
The Registrar may, in accordance with the regulations, amend the Register whet her by 
making, removing or altering entries for the purpose of adapting the designation of the 
goods or services in respect of which trade marks are regi stered to reflect any change that 
has occurred in the classif ication of goods or services for the purpo ses of this Act.  
63.   Amendment of particulars of trade mark entered in Register  
(1)  Subject to Part XIV, the Registrar may, at the written request of the registered 
owner of a registered trade mark — 
 (a) amend the representation of the trade mark as ent ered in the Register if the 
amen dment does not substantially affect the identity of the trade mark as at 
the time when the particulars of the application for the registration of the 
trade mark were published under section 16;  
 (b) amend any particulars ent ered in the Register relating to any goods or 
services in r espect of which the trade mark is registered if the amendment 
does not have the effect of extending the rights that apart from the 
amen dment, the owner has under the registration; or  
 (c) amend, or  enter in the Register, any other pa rticular in respect of the trade 
mark if the amendment or entry does not have the effect of extending the 
rights that, apart from the amendment of the entry, the owner has under the 
registration.  
(2)  An appeal lies to t he Court from a decision of the Registrar under subsection (1).  
64.   Cancellation of registration  
(1)  The Registrar shall cancel the registration of a trade mark in accordance with the 
regulations if the registered owner asks in writing that it be so can celled.  
(2)  Before cancelling the registration of the trade mark, the Registrar shall notify in 
accordance with the Regul ations — 
 (a) any person recorded under Part XIV as claiming a right in respect of, or an 
interest in, the trade mark; and  
 (b) if— 
 (i) an application has been made to the Registrar for a record of the 
assignment or transmission of the trade mark to a person to be e ntered 
in the Register pursuant to section 89, and  
 (ii) the assignment or transmission has not yet been r ecorded,  
the perso n who whom the trade mark has been assigned or transmitted.  
[Subsection (2) substituted by Act No. 50 of 2004.]  
PART XI  
Amendment and Cancellation of Registration – Action by Court   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
65.   Amendment to correct error or omission  
The Court may, on the applicat ion of an aggrieved person, order that the Register be 
rectified by — 
 (a) entering in the Register particulars that were wrongly omitted from it; or  
 (b) correcting any error in an entry in the Register.  
66.   Amendment or cancellation on ground of contrav ention of condition  
The Court may, on the application of an aggrieved person, order that the Register be 
rectified by — 
 (a) cancelling the registration of a trade mark; or  
 (b) removing or amending any entry in the Regi ster relating to the trade mark,  
on the ground that a condition or limitation entered in the Register in relation to the trade 
mark has been contravened.  
67.   Amendment or cancellation: loss or exclusive rights to use trade mark  
(1)  If section 10 or 11 applies in relation to a registered tr ade mark, the Court may, on 
the application of an aggrieved person, but subject to subsection (2) and se ction 69, order 
that the Register be rectified by — 
 (a) cancelling the registration of the trade mark; or  
 (b) removing or amending any entry in the Reg ister relating to the trade mark,  
having regard to the effect of section 10 or 11 as the case may be on the right of the 
registered owner of the trade mark to use the trade mark, or any sign that is part of the 
trade mark, in relation to particular goods o r services.  
[Subsection (1) amended by Act No. 50 of 2004.]  
(2)  If section 10 or 11 applies in relation to the trade mark because the trade mark 
contains a sign that — 
 (a) has become generally accepted within the relevant trade as the sign that 
describes or is the name of an article, substance or service; or  
 (b) describes or is the name of — 
 (i) an article or substance that was fo rmerly exploited under a patent, or  
 (ii) a service that was formerly provided as a patented process,  
the Court may decide not to make an order under subsection (1) and allow the trade mark 
to remain on the Register in respect of the article or substance or goods of the same 
description or the service or services of the same description or subject to any condition 
or limitation th at the Court may impose.  
68.   Amendment or cancellation: other specified grounds  
(1)  Subject to subsection (2) and section 69, the Court may, on the application of an 
aggrieved person, order that the Register be rectified by — 
 (a) cancelling the registra tion of a trade mark; or  
 (b) removing or amending any entry wrongly made or remaining on the 
Regi ster; or   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (c) entering any condition or limitation affecting the registration of a trade mark 
that ought to be entered.  
(2)  An application referred to under subsection (1) may be made only on any of the 
following grounds — 
 (a) any of the grounds on which the registration of the trade mark could have 
been opposed u nder Part VII;  
 (b) an amendment of the application for the regi stration of the trade mark was 
obtained as a r esult of fraud, or misrepresentation;  
 (c) because of the circumstances applying at the time when the application for 
rectification is filed, the use of the trade mark is likely to deceive or cause 
confusion for a reason other than one for whic h— 
 (i) the application for the registration of the trade mark could have been 
rejected under section 25 or 26, or  
 (ii) the registration of the trade mark could have been opposed under 
section 40;  
 (d) the application in respect of an entry in the Registe r has been previously 
amended as a result of fraud, false suggestion or misreprese ntation.  
69.   Rectification may not be granted in certain cases if registered owner not at fault  
(1)  The Court may not grant an application for rectific ation made — 
 (a) under section 67; or  
 (b) on the ground that the trade mark is liable to deceive or confuse; or  
 (c) on the ground referred to in section 68(2)( c), 
if the registered owner of the trade mark satisfies the Court that the ground relied on by 
the applicant has no t arisen through any act or fault of the registered owner.  
(2)  In making a decision under subsection (1), the Court — 
 (a) shall also take into account any matter that is prescribed; and  
 (b) may take into account any other matter that it considers relevan t. 
70.   Duties and powers of Registrar  
(1)  A person applying to Court under this Part shall give notice of the application to 
the Registrar.  
(2)  Except for cases where the Court directs the Registrar to appear, the Registrar may 
appear before the Court and be heard at his discretion.  
(3)  A person applying to the Court under this Part, shall give to the Registrar a copy 
of any order made by the Court under this Part and the Registrar shall comply with the 
order. 
71.   Amendment of certificate of registra tion 
If the Registrar amends any particular entry in the Regi ster in respect of a trade mark, 
the Registrar may also amend the certificate of registration if he thinks it is appropriate to 
do so.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
PART XII  
Removal of Trade Mark from Register for Non -Use 
72.   Application for removal of trade mark from Register  
(1)  A person aggrieved by the fact that a trade mark is or may be registered may, 
subject to subsection (3), apply to the Registrar for the trade mark to be removed from the 
Register.  
(2)  An applicat ion under subsection (1) — 
 (a) shall be made in a prescribed form; and  
 (b) may be made in respect of any or all of the goods or services or both in 
respect of which the trade mark may be, or is, registered.  
(3)  An application shall not be made to the Reg istrar u nder subsection (1) if an action 
concerning the trade mark is pending in the Court, but the person aggrieved may apply to 
the Court for an order directing the Registrar to remove the trade mark from the Register.  
(4)  An application under subsectio n (1) or (3) may be made if — 
 (a) on the day on which the application for the registration of the trade mark was 
filed, the applicant for registration had no intention in good faith — 
 (i) to use the trade mark in Saint Vincent and the Grenadines,  
 (ii) to authorise the use of the trade mark in Saint Vincent and the 
Grenadines,  
 (iii) to assign the trade mark to a body corporate for use by the body 
corporate in Saint Vincent and the Grenadines,  
in relation to the goods or services or both to which the applic ation relates 
and the registered owner has not used the trade mark in Saint Vincent and 
the Grenadines or has not used the trade mark in good faith in Saint Vi ncent 
and the Grenadines in relation to those goods or services or both at any time 
before the pe riod of one month ending on the day on which the appl ication is 
filed; or  
 (b) the trade mark has remained registered for a continuous period of three years 
ending one month before the day on which the non -use application is filed, 
and at no time during th at period the person who was then the regi stered 
owner — 
 (i) used the trade mark in Saint Vincent and the Grenadines, or  
 (ii) used the trade mark in good faith in Saint Vincent and the Gren adines , 
in relation to the goods or services or both to which the application relates.  
(5)  If the right or interest on which a person relied to make an application under 
subsection (1) or (3) to obtain the removal of a trade mark from the Register becomes 
vested in another person, the other person may, on giving notice of the relevant facts to 
the Re gistrar or the Court as the case requires, be substituted for the first -mentioned 
person as the applicant.  
73.   Time for making application   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(1)  Subject to subsection (2), an application for the r emoval of a trade mark from the 
Register may be made at any time after the filing date in respect of the application for the 
registration of the trade mark.  
(2)  An application on the ground referred to in section 72(4)( b) may not be made 
before a period of five years has passed from  the filing date in respect of the application 
for the registration of the trade mark.  
74.   Referral to Court  
If— 
 (a) an application has been made to the Registrar under section 72(1); and  
 (b) the Registrar is of the opinion that the matter should be de cided by the Court,  
the Registrar may refer the matter to the Court and the Court may hear and determine the 
matter as if an application had been made to it under section 72(3).  
75.   Notification of application  
(1)  If an application has been made to the Registrar under section 72(1), the Regi strar 
shall give notice of the appl ication in accordance with the Regulations.  
(2)  If the application is in respect of a trade mark a lready entered on the Register, the 
Registrar shall advertise the application in th e official journal.  
(3)  If the application referred to in subsection (1) is in r espect of a trade mark whose 
registration is being sought, the Registrar is to advertise the application in the official 
journal only if the trade mark is registered.  
76.   Notice of opposition  
(1)  Any person may oppose an application under section 72 by filing a notice of 
opposition with the Registrar or the Court, as the case r equires.  
(2)  The notice of opposition — 
 (a) shall be in a form approved by the Registrar or by the  Court; and  
 (b) shall be filed in accordance with the regul ations or the rules of the Court as 
the case may be.  
[Subsection (2) amended by Act No. 50 of 2004.]  
77.   Removal of trade mark from the Register if applic ation unopposed  
(1)  If there is no oppo sition to an application to the Re gistrar under section 72(1), the 
Registrar shall remove the trade mark from the Register in respect of the goods or 
services or both specified in the application.  
(2)  If there is no opposition to an application to a court  under section 72(3), the Court 
shall order the Registrar to remove the trade mark from the Register in respect of the 
goods or services or both specified in the application.  
[Subsection (2) amended by Act No. 50 of 2004.]  
(3)  The Court shall cause a copy  of the order to be served on the Registrar and the 
Regi strar shall comply with the order.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
78.   Trade mark restored to Register if notice of oppos ition filed within extended 
time  
If— 
 (a) the Registrar has removed a trade mark from the Register under 
section 77(1) because no notice of opposition was filed within the period 
provided under the Regulations; and  
 (b) the Registrar subsequently extends the period within which the notice may 
be filed; and  
 (c) a notice of opposition is filed within the e xtended period,  
the Registrar shall restore the trade mark to the Register and the trade mark shall be 
deemed not to have been removed from the Register.  
79.   Proceedings before Registrar  
If an application to the Registrar is opposed, the Regi strar shall deal wit h the matter in 
accordance with the regul ations.  
80.   Burden on opponent to establish use of trade mark  
(1)  In any proceedings relating to an opposed application, it is for the opponent to 
rebut— 
 (a) any allegation made under section 72(4)( a) that, on t he day on which the 
application for the registration of the trade mark was filed, the applicant for 
registration had no intention in good faith — 
 (i) to use the trade mark in Saint Vincent and the Grenadines, or  
 (ii) to authorise the use of the trade mark  in Saint Vincent and the 
Grenadines, or  
 (iii) to assign the trade mark to a body corporate for use by the body 
corporate in Saint Vincent and the Grenadines,  
in relation to goods or services or both which the opposed application 
related; or  
 (b) any alle gation made under section 72(4)( a) that the trade mark has not, at 
any time before the period of one month ending on the day on which the 
opposed application was filed, been used, or been used in good faith, by its 
registered owner in relation to the relev ant goods or services or both; or  
 (c) any allegation made under section 72(4)( b) that the trade mark has not, at 
any time during the period of three years ending one month before the day 
on which the opposed application was filed, been used, or been used in good 
faith, by its registered owner in relation to the relevant goods or se rvices or 
both.  
(2)  For the purposes of subsection (1)( b), the opponent shall be deemed to have 
rebutted the allegation that the trade mark has not, at any time before the perio d referred 
to in that subsection, been used, or been used in good faith, by its registered owner in 
relation to the relevant goods or services or both if — 
 (a) the opponent has established that the trade mark or the trade mark with 
additions or alterations  not substantially affecting its identity, was used in  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
good faith by its registered owner in relation to those goods or services 
before that p eriod; or  
 (b) in a case where the trade mark has been a ssigned but a record of the 
assignment has not been entere d in the Regi ster— 
 (i) the opponent has established that the trade mark, or the trade mark 
with additions or alterations not substantially affecting its identity, 
was used in good faith by the assignee in relation to those goods or 
services or both before  that period and that that use was in acco rdance 
with the terms of the assignment, and  
 (ii) the Registrar or the Court is of the opinion that it is reasonable, ha ving 
regard to all the circumstances of the case, to treat the use of the trade 
mark by the a ssignee before that period as having been a use of the 
trade mark in relation to those goods or services or both by the 
registered owner.  
(3)  For the purposes of subsection (1)( c), the opponent is taken to have rebutted the 
allegation that the trade mark has not, at any time during the period referred to in that 
subsection been used, or been used in good faith, by its registered owner in relation to the 
relevant goods or services or both if — 
 (a) the opponent has established that the trade mark, or the tra de mark with 
additions or alterations not substantially affecting its identity, was used in 
good faith by its registered owner in relation to those goods or services 
during that p eriod; or  
 (b) in a case where the trade mark has been a ssigned but a record of the 
assignment has not been entered in the Regi ster— 
 (i) the opponent has established that the trade mark, or the trade mark 
with additions or alteration not substantially affecting its identity, was 
used in good faith by the assignee of the trade mark  in relation to 
those goods or services or both during that period and that that use 
was in acco rdance with the terms of the assignment, and  
 (ii) the Registrar or the Court is of the opinion that it is reasonable, ha ving 
regard to all the circumstances of  the case, to treat the use of the trade 
mark by the assignee during that period as having been a use of the 
trade mark in relation to those goods or services or both by the 
registered owner; or  
 (c) the opponent has established that the trade mark was not  used by its 
registered owner in relation to those goods or services or both du ring that 
period because of circumstances, whether affecting traders generally or only 
the registered owner of the trade mark that were an obstacle to the use of the 
trade mark during that period.  
81.   Determination of opposed application  
(1)  Subject to subsection (3) and section 82, if — 
 (a) the proceedings relating to an opposed application have not been 
disconti nued or di smissed; and  
 (b) the Registrar is satisfied that the grounds on which the application was made 
have been established,   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
the Registrar may decide to remove the trade mark from the Register in respect of any or 
all of the goods or services or both to which the application relates.  
(2)  Subject to subsection (3) and section 82, if, at the end of the proceedings rela ting 
to an opposed application, the Court is satisfied that the grounds on which the appl ication 
was made have been established, it may order the Re gistrar to remove the trade mark 
from the Register in respect of any or all of the goods or services or both to which the 
application relates.  
(3)  If satisfied that it is reasonable to do so, the Registrar or the Court may decide that 
the trade mark should not be removed from the Register even if the grounds  on which the 
application was made have been established.  
82.   Determination of opposed application: localised use of trade mark  
(1)  This section shall apply if an application for the r emoval of a trade mark from the 
Register is made on the ground referr ed to in section 72(4)( b) and — 
 (a) the applicant is the registered owner of a trade mark that is substantially 
identical with, or deceptively similar to, the challenged trade mark and is 
registered in respect of the goods or services or both specified in the 
application su bject to the condition or limitation that the use of the trade 
mark is to be restricted to — 
 (i) goods or services or both to be dealt with or provided in a particular 
place in Saint Vincent and the Grenadines otherwise than for export 
from Saint Vincent and the Gren adines, or  
 (ii) goods or services or both to be exported to a particular market; or  
 (b) the Registrar or the Court is of the opinion that such a trade mark may 
properly be registered in the name of the applicant with that con dition or 
limitation.  
(2)  If the Registrar or the Court is satisfied — 
 (a) that the challenged trade mark has remained registered for the period 
referred to in section 72(4)( b); and  
 (b) that during that period there has been no use, or no use in good fai th, of the 
challenged trade mark in relation to — 
 (i) goods or services dealt with or provided in the particular place 
referred to in subse ction (1), or  
 (ii) goods or services to be exported to the particular market referred to in 
subse ction (1),  
the Regi strar may decide, or the Court may order, that the challenged trade mark should 
be removed from the Register but that the registration of the trade mark should be subject 
to the conditions or limitations that the Registrar of the Court considers necessary to 
ensure that the registration does not extend to the use of the trade mark in relation to 
goods or services dealt with or provided in the specified place, or goods or services to be 
exported to the specified market.  
(3)  For the purposes of this section,  “challenged trade mark”  means the trade mark 
in relation to which an appl ication for removal is made pursuant to subsection (1).  
83.   Registrar to comply with order of Court   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
If the Court makes an order under section 81 or 82, it shall cause copy of the o rder to 
be served on the Registrar and the Registrar shall comply with the order.  
[Section 83 short title amended by Act No. 50 of 2004.]  
84.   Appeal  
An appeal lies to the Court from a decision of the Regi strar under section 81 or 82.  
85.   Certificate of  use of trade mark  
(1)  If in any proceedings relating to an opposed applic ation the Registrar or the Court 
has found that — 
 (a) a trade mark has been used in good faith du ring a particular period; or  
 (b) a trade mark has not been used during a particular  period solely because of 
circumstances that were an obstacle to its use,  
the Registrar or the Court shall, if so requested by the regi stered owner of the trade mark, 
give to the registered owner a certificate of those findings.  
(2)  In any subsequent proc eedings in which non -use of the trade mark is alleged — 
 (a) the certificate shall be, on being produced, evidence of the facts stated in it; 
and 
 (b) if the proceedings are determined in favour of the opponent and, on or before 
filing the notice of opposit ion, the o pponent notified the applicant of the 
contents of the certif icate, the opponent is entitled, unless the Registrar or 
the Court otherwise d irects, to have the opponent’s full costs paid by the 
applicant.  
PART XIII  
Assignment and Transmission of Tr ade Marks  
86.   Assignment of trade mark  
(1)  A registered trade mark, or a trade mark whose regi stration is being sought, may 
be assigned or transmitted in accordance with this section.  
(2)  An assignment or transmission may be partial, that is it may app ly to some only of 
the goods or services or both in respect of which registration is sought or the trade mark is 
registered, but it may not be partial in relation to the use of a trade mark in a pa rticular 
area.  
(3)  An assignment or transmission may be wi th or without the goodwill of the 
business concerned in the relevant goods or services or both.  
87.   Application for record to be made of assignment of trade mark whose 
registr ation is sought  
(1)  If a trade mark whose registration is being sought is a ssigned or transmitted — 
 (a) the applicant for the registration of the trade mark; or  
 (b) the person to whom it has been assigned or transmitted,  
shall apply to the Registrar for the assignment or transmi ssion to be recorded.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
[Subsection (1) renumbered as su ch, and paragraph ( a) amended, by Act No. 50 of 2004.]  
(2)  The application shall — 
 (a) be on a prescribed form; and  
 (b) be filed, together with any prescribed document, in accordance with the 
regul ations.  
88.   Recording of assignment of trade mark whose  registration is sought  
(1)  If an application pursuant to section 87 complies with this Act, the Registrar 
shall — 
 (a) at, or within the time provided for in the regulations, record in the manner 
that the Registrar thinks fit, but not in the Register, the  particulars of the 
assignment or transmission; and  
 (b) publish the particulars of the a ssignment or transmission in accordance with 
the regulations.  
[Subsection (1) amended by Act No. 50 of 2004.]  
(2)  On and after the day on which the Registrar records the particulars of the 
assig nment or transmission, the person to whom the trade mark has been assigned or 
transmi tted is taken, for the purposes of this Act, to be the applicant for the registration of 
the trade mark.  
89.   Application for record of assign ment of registered trade mark to be entered in 
Register  
(1)  If a registered trade mark is assigned or transmi tted— 
 (a) the person registered as the owner of the trade mark; or  
 (b) the person to whom the trade mark has been assigned or transmitted,  
shall  apply to the Registrar for a record of the assignment or transmission to be entered in 
the Register.  
(2)  The application shall be filed in a prescribed form together with any prescribed 
document in accordance with the Regulations.  
90.   Recording of assi gnment of registered trade mark  
(1)  If the application made pursuant to section 89 complies with this Act, the 
Regi strar shall, at, or within, the time provided for in the Regulations — 
 (a) enter the particulars of the assignment or transmission in the Re gister; and  
 (b) register the person to whom the trade mark has been assigned or transmi tted 
as the owner of the trade mark in relation to the goods or services or both in 
respect of which the a ssignment or transmission has effect.  
(2)  The particulars pur suant to subsection (1)( a) are taken to have been entered in the 
Register on the day on which the application was filed, and the registration of the 
benef iciary as the owner of the trade mark pursuant to subsection (1)( b) is taken to have 
had e ffect from a nd including that day.  
91.   Notice of application to be given to person recorded as claiming interest in 
trade mark   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
If an application made under section 87 or 93 in relation to the assignment or 
transmission of a trade mark complies with this Act, the Reg istrar shall notify in 
accordance with the regulations any person recorded under Part XIV as clai ming an 
interest in, or a right in respect of, the trade mark.  
PART XIV  
Voluntary Recording of Claims to Interests in and Rights  
in Respect of Trade Marks  
92.   Object of Part XIV  
This Part makes provision — 
 (a) for recording in the Register claims to interests in, and rights in respect of, 
registered trade marks that may not be so recorded under a nother Part; and  
 (b) for the Registrar to keep a record of clai ms to interests in, and rights in 
respect of, trade marks for which registration is sought.  
93.   Application to have claims to interest recorded  
(1)  If— 
 (a) a person other than the registered owner of a trade mark, claims to have an 
interest in, or a ri ght in respect of, a registered trade mark; and  
 (b) this interest or right may not be recorded in the Register under Part XIII,  
the person and the registered owner of the trade mark may together apply to the Registrar 
to have particulars of the claim reco rded in the Register.  
(2)  The application shall be in a prescribed form and shall be filed in accordance with 
the Regulations.  
94.   Record of claims to interest  
(1)  If an application has been made in accordance with section 93, the Registrar shall 
enter  in the Register the pa rticulars of the claim set out in the application.  
(2)  If— 
 (a) a trade mark is registered; and  
 (b) immediately before the registration, particulars of a claim to an interest in, or 
right in respect of, the trade mark were recorded  under sections 93 and 95 , 
the Registrar shall enter those particulars in the Register.  
95.   Amendment and cancellation  
Regulations may provide for the amendment and ca ncellation of particulars entered in 
the Register under this Part.  
96.   Record not pro of of existence of right   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
The fact that a record has been made in the Register u nder this Part that a person 
claims an interest in, or a right in respect of, a registered trade mark shall not be proof or 
evidence that the person has that right or interest.  
97.   Application to have claims to interest recorded  
(1)  If— 
 (a) a person has applied for the registration of a trade mark; and  
 (b) another person claims to have an interest in, or a right in respect of, that 
trade mark,  
they may together apply to the Registrar for a record to be kept of the other person’s 
claim.  
(2)  The application shall be in an approved form and shall be filed in accordance with 
the regulations.  
98.   Record of claims to interest  
If an application has been made in accordance with se ction 97, the Registrar shall 
record in the manner that the Registrar thinks fit, but not in the Register, the particulars of 
the claim set out in the appl ication.  
99.   Regulations for the amendment and cancellation of particulars  
Regulations may provide for the amendment and ca ncellation of particulars recorded 
under this Part.  
PART XV  
Infringement of Trade Marks  
100.   Infringement  
(1)  A person infringes a registered trade mark if that pe rson uses as a trade mark a 
sign that is substantially identical w ith, or deceptively similar to, the trade mark in 
relation to goods or services in respect of which the trade mark is regi stered.  
(2)  Subject to subsection (3), a person infringes a registered trade mark if the person 
uses as a trade mark a sign that is s ubstantially identical with, or deceptively similar to, 
the trade mark in relation to — 
 (a) goods of the same description as that of regi stered goods;  
 (b) services that are closely related to registered goods;  
 (c) services of the same description as tha t of registered services; or  
 (d) goods that are closely related to registered se rvices.  
(3)  A person shall not be taken to have infringed the trade mark if the person 
establishes that his using the sign is not likely to deceive or cause confusion.  
(4)  A person infringes a registered trade mark if — 
 (a) the trade mark is well known in Saint Vincent and the Grenadines; and   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (b) the person uses as a trade mark a sign that is substantially identical with, or 
deceptively similar to, the trade mark in relation  to— 
 (i) unrelated goods that are not of the same description as that of the 
goods in respect of which the trade mark is regi stered, or are not 
closely related to services in respect of which the trade mark is 
registered, or  
 (ii) unrelated services that are not of the same description as that of the 
registered goods; and  
 (c) because the trade mark is well known the sign would be likely to be taken as 
indica ting a connection between the unrelated goods or services and the 
registered owner of the trade mar k; and  
 (d) for that reason, the interests of the registered owner are likely to be adversely 
affected.  
(5)  In deciding, for the purposes of subsection (4)( a), whether a trade mark is well 
known in Saint Vincent and the Grenadines, the extent to which the  trade mark is known 
within the relevant sector of the public, whether as a result of the promotion of the trade 
mark or for any other reason, shall be taken into account.  
101.   Infringement of trade mark by breach of certain restrictions  
(1)  This sectio n shall apply to a registered trade mark if the registered owner, or an 
authorised user of the trade mark having power to do so, has caused to be displayed on 
goods in respect of which the trade mark is registered, or on their package, or on the 
container in which they are offered to the public, a notice prohibiting any act under 
subse ction (2) to be done in relation to the goods.  
(2)  Pursuant to subsection (1) the following acts shall be deemed to be prohibited — 
 (a) applying the trade mark to registered goods, or using the trade mark in 
physical relation to them, after the state, condition, or packaging in which 
they were originally offered to the public has been altered;  
 (b) altering, or partially removing or obliterating, any representation of the trad e 
mark applied to registered goods or used in physical relation to them;  
 (c) if the trade mark has been applied to regi stered goods, or use in physical 
relation to them, together with other matters indicating that the registered 
owner or authorised user h as dealt with the goods, removing or oblitera ting, 
totally or in part, any representation of the trade mark without totally 
removing or obliterating the other matter;  
 (d) applying another trade mark to registered goods or using another trade mark 
in phys ical relation to them;  
 (e) if the trade mark has been applied to regi stered goods or used in physical 
relation to them, using on the goods, or on the packaging or container of the 
goods, any matter that is likely to injure the reputation of the trade mark.  
(3)  Subject to subsection (4), a person infringes a trade mark to which this section 
applies if the person — 
 (a) is the owner of registered goods; and  
 (b) in the course of trade, or with a view to a dea ling with the goods in the 
course of trade —  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (i) does an act that is prohibited under the notice of prohibition, or  
 (ii) authorises that act to be done.  
(4)  The trade mark shall not be infringed if the owner of the goods — 
 (a) acquired them in good faith and without being aware of the notice of 
prohibiti on; or  
 (b) became the owner of the goods by virtue of a title derived from a person who 
had so a cquired them.  
102.   Exceptions to infringement of trade mark  
(1)  Notwithstanding section 101, a person shall not infringe a registered trade mark if — 
 (a) the person uses in good faith — 
 (i) the person’s name or the name of the person’s place of business, or  
 (ii) the name of a predecessor in business of the person or the name of the 
predece ssor’s place of business; or  
 (b) the person uses a sign in good faith  to ind icate— 
 (i) the kind, quality, intended purpose, value, geographical origin, or 
some other chara cteristic, of goods or services, or  
 (ii) the time of production of goods or of the rendering of services; or  
 (c) the person uses the trade mark in good  faith to indicate the intended pu rpose 
of goods or se rvices; or  
 (d) the person uses the trade mark for the pu rposes of comparative advertising; or  
 (e) the person exercises a right to use a trade mark given to the person under this 
Act; or  
 (f) the Court  is of the opinion that the person would obtain registration of the 
trade mark in his name if the person were to apply for it; or  
 (g) the person uses a trade mark that is substantially identical with, or 
deceptively similar to, the first -mentioned trade m ark and the Court is of the 
opinion that the person would obtain registration of the substantially 
ident ical or deceptively similar trade mark in his name if the person were to 
apply for it; or  
 (h) the person, in using a sign referred to in section 100(1) , (2) or  (3) in a ma nner 
referred to in that subsection, does not, because of a condition or limit ation 
subject to which the trade mark is registered, infringe the excl usive right of 
the registered owner to use the trade mark.  
(2)  Notwithstanding section 100, if a disclaimer has been registered in respect of a 
part of a registered trade mark, a person does not infringe the trade mark by using that 
part of the trade mark.  
103.   Goods to which a registered trade mark has been applied by or with consent of 
registered owner  
(1)  Notwithstanding section 100, a person who uses a re gistered trade mark — 
 (a) in relation to goods that are similar in respect of which the trade mark is 
registered does not infringe the trade mark if the trade mark has been applied  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
to, or used in relation to, the goods by, or with the consent of the registered 
owner of the trade mark;  
 (b) in relation to services that are similar to regi stered services in respect of 
which the trade mark is registered does not infringe the trade mark if the 
trade mark has been applied in relation to the services by, or with the co nsent 
of, the registered owner of the trade mark.  
104.   Prior use of identical trade mark  
(1)  A person does not infringe a registered trade mark by using an unregistered trade 
mark that is substantially ident ical with, or deceptively similar to, the registered trade 
mark in relation to — 
 (a) goods similar to registered goods;  
 (b) services closely related to registered goods;  
 (c) services similar to registered services; or  
 (d) goods closely related to registered services,  
if the person, or the person and his predecessor in title, have continuously used in the 
course of trade the unregistered trade mark in relation to those goods or services from a 
time before the date of the r egistration of the registered trade mark, or the date the 
registered owner of the registered trade mark, or a predecessor in title, or a person who 
was a regi stered user of the trade mark under the repealed Acts, first used the trade mark, 
whichever is ear lier. 
(2)  If the unregistered trade mark has continuously been used only in a particular area 
in Saint Vincent and the Grenadines subsection (1) shall apply only to the use of the trade 
mark by the person in that area.  
105.   Action for infringement to be  brought before Court  
(1)  An action for an infringement of a registered trade mark may be brought in the 
Court.  
(2)  The relief that the Court pursuant to subsection (2) may grant in an action for an 
infringement of a registered trade mark includes — 
 (a) an injunction, which may be granted subject to any condition that the Court 
thinks fit; and  
 (b) at the option of the plaintiff but subject to section 107, damages or an 
account of profits.  
[Subsection (2) substituted by Act No. 50 of 2004.]  
106.   . . . . . .  
[Section 106 repealed by Act No. 50 of 2004.]  
107.   Special case where claimant not entitled to damages  
If— 
 (a) in an action for the infringement of a trade mark registered in respect of 
particular goods or services, the court finds that the defend ant has infringed 
the trade mark; and   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (b) the defendant has applied under section 72(3) for an order directing the 
Registrar to remove the trade mark from the Register in respect of those 
goods or services; and  
 (c) the Court finds that, because the trade  mark has not during a particular 
period been used in good faith by its registered owner in relation to those 
goods or service, there are grounds under section 72(4) for so removing the 
trade mark from the Re gister,  
the Court may not grant relief to the pl aintiff by way of damages or an account of profits 
in respect of any infringement of the trade mark that happened during the particular 
period. 
[Section 107 amended by Act No. 50 of 2004.]  
108.   Circumstances in which action may not be brought  
If the regi stration of a trade mark is renewed under section 59 within twelve months 
after it has expired, an action may not be brought in respect of an act that — 
 (a) infringed the trade mark; and  
 (b) was done after the registration has expired and before it was re newed.  
109.   Groundless threats of legal proceedings  
(1)  If a person threatens to bring an action against another person on the ground that 
the threatened person has infringed — 
 (a) a registered trade mark; or  
 (b) a trade mark alleged by the person to b e regi stered,  
any person aggrieved by the threat may bring an action in the Court.  
[Subsection (1) amended by Act No. 50 of 2004.]  
(2)  The purpose of the action pursuant to subsection (1) shall be to — 
 (a) obtain from Court a declaration that the defendan t has no grounds for 
making the threat; and  
 (b) obtain from Court an injunction restraining the defendant from co ntinuing to 
make the threat;  
 (c) recover any damages that the person a ggrieved has sustained because of the 
conduct of the defendant.  
[Subsec tion (2) amended by Act No. 50 of 2004.]  
(3)  An action may be brought whether or not the r espondent is the registered owner, 
or an authorised user, of the trade mark alleged to have been infringed.  
(4)  Pursuant to subsection (1) the court may not find in  favour of the claimant if the 
respondent satisfies the Court that — 
 (a) the trade mark is registered; and  
 (b) the acts of the threatened person in respect of which the respondent 
threa tened to bring an action constitute an infringement of the trade mark.  
(5)  An action may not be brought, or if brought may not proceed, under this section if 
the registered owner of the trade mark, or an authorised user of the trade mark having  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
power to bring an action for infringement of the trade mark, with due diligence,  begins 
and pu rsues an action against the threatened person for infringement of the trade mark.  
110.   Counterclaim by defendant in action on groundless threats  
If the respondent in an action brought under section 109 would be entitled to bring 
against the  claimant an action for infringement of the registered trade mark — 
 (a) the respondent may file in the Court a counte rclaim against the claimant for 
any relief to which the respondent would be entitled in the infringement 
action; and  
 (b) the provisions of  this Act applicable to actions for infringement shall apply 
in relation to the counterclaim as if it were an infringement a ction brought by 
the respondent against the claimant.  
[Section 110 amended by Act No. 50 of 2004.]  
PART XVI  
Importation of Goods Inf ringing Vincentian Trade Marks  
111.   Notice of objection to importation  
(1)  The registered owner of a registered trade mark may give to the Comptroller a 
prescribed notice objecting to the importation after the date of the notice of goods that 
infringe o r appears to infringe, the registered trade mark.  
(2)  If— 
 (a) the registered owner of the registered trade mark has not given a notice 
under subsection (1); or  
 (b) any notice given under subsection (1) is no longer in force,  
an authorised user of the tr ade mark having power to give a notice under subsection (1) 
may ask the registered owner to give such a notice in respect of the trade mark.  
(3)  If the registered owner does not comply with the r equest within the prescribed 
period, the authorised user may  give the notice to the Com ptroller together with — 
 (a) any document prescribed for the purposes of subsection (1); and  
 (b) any other prescribed document.  
(4)  A notice given by the registered owner of a trade mark shall remain in force for 
two years from  the day on which the notice is given until it is revoked, before the end of 
that period, by notice in writing given to the Comptroller of the person who is then the 
registered owner of the trade mark.  
(5)  A notice given by an authorised user of the trade  mark remains in force for two 
years unless it is revoked, b efore the end of that period by notice in writing given to the 
Com ptroller — 
 (a) if the authorised user has power to revoke the notice, by the authorised user; 
or 
 (b) in any other case, by the pe rson who is then the registered owner of the trade 
mark.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
112.   Comptroller may seize goods infringing trade mark  
(1)  This section shall apply to goods manufactured ou tside Saint Vincent and the 
Gren adines that — 
 (a) are imported into Saint Vincent and th e Grenadines; and  
 (b) are subject to the control of the customs within the meaning of the Customs 
(Control and Management) Act.  
[Chapter 422.]  
(2)  If the goods to which this section applies — 
 (a) have applied to them or in relation to them a sign that, i n the opinion of the 
Comptroller, is substantially identical with, or deceptively similar to a 
notified trade mark; and  
 (b) are goods in respect of which the notified trade mark is registered,  
the Comptroller shall seize the goods unless he is satisfied t hat there are reasonable 
grounds for believing that the not ified trade mark is not infringed by the importation of 
the goods.  
[Subsection (2) amended by Act No. 50 of 2004.]  
(3)  The Comptroller may decide not to seize the goods if he has not been given by  the 
objector, or by one or more of the objectors, security in an amount that he considers 
sufficient to repay to the Government the expense that may be incurred by the 
Gover nment if the goods were seized.  
(4)  Goods seized under this section must be kept in a s ecure place as directed by the 
Comptroller.  
113.   Notice of seizure  
The Comptroller shall, as soon as practicable — 
 (a) give, either personally or by registered post to the desi gnated owner of any 
seized goods a notice in writing identifying the goo ds and stating that they 
have been seized u nder section 112; and  
 (b) give, either personally or by registered post to the objector, or to each 
objector, a notice in wri ting— 
 (i) identifying the goods and stating that they have been seized under 
section 1 12, and  
 (ii) giving the full name and address of the designated owner of the goods 
and any information that the Comptroller has and that he believes, on 
reasonable grounds, to be likely to help the objector to identify the 
importer of the goods, and  
 (iii) stating that the goods will be released to the designated owner unless 
the objector or one of the objectors, as the case requires, brings an 
action for infringement of the notified trade mark in respect of the 
goods, and gives to the Comptroller notice i n writing of the action, 
within the period of ten working days after he has been given the 
notice or, if the Comptroller extends that period under se ction 116(1), 
within the e xtended period.  
[Section 113 amended by Act No. 50 of 2004.]   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
114.   Forfeiture of goods  
(1)  The designated owner of any seized goods may, at any time before an objector 
starts an action for infringement of a notified trade mark in respect of the goods, consent 
to the goods being forfeited to the Crown by giving notice in writing of that effect to the 
Com ptroller.  
(2)  If the designated owner gives such a notice, the goods shall be forfeited to the 
State.  
115.   Release of goods to owner where no action for i nfringement  
(1)  The Comptroller shall release the seized goods to their desi gnated owner if, within 
the action period, the obje ctor has not, or none of the objectors has — 
 (a) brought an action for infringement of the not ified trade mark in respect of 
the goods; and  
 (b) given to the Comptroller notice in writing of the action.  
(2)  The Comptroller shall release the seized goods to their designated owner if — 
 (a) before the end of the action period, the obje ctor or each of the objectors has, 
by notice in writing to the Comptroller consented to the r elease of the goods; 
and 
 (b) at that time — 
 (i) the objector has not, or none of the objectors has, brought an action 
for infringement of the notified trade mark in respect of the goods, or  
 (ii) any action brought by an objector has been withdrawn.  
(3)  The Comptroller may release the s eized goods to their designated owner at any 
time before the end of the action period if — 
 (a) the Comptroller, having regard to information that has come to his 
know ledge after the goods were seized, is satisfied that there are no 
reasonable grounds for b elieving that the not ified trade mark has been 
infringed by the i mportation of the goods; and  
 (b) the objector has not, or none of the objectors has, brought an action for 
infringement of the notified trade mark in respect of the goods.  
(4)  For the purpo se of this section — 
“action period” , in relation to seized goods, means — 
 (a) if there is only one objector to the importation of the goods, the period 
within which the objector may bring an action for infringement of the 
registered trade mark in respect o f goods under section 116(1); or  
 (b) if there is more than one objector to the impo rtation of the goods, the period 
beginning on the earliest day on which an objector may bring an a ction for 
infringement of the registered trade mark in respect of the good s under 
section 116(1) and ceasing at the end of the last day on which an objector 
may bring such an action under se ction 116(1).  
116.   Action for infringement of trade mark  
(1)  An objector may bring an action for infringement of a notified trade mark in  
respect of seized goods and give notice of it to the Comptro ller—  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (a) if paragraph ( b) does not apply within the p eriod of one month from the date 
of the notice given to the objector in respect of the goods under se ction 113; 
 (b) if— 
 (i) the objector h as, before the end of the period, specified in writing to 
the Com ptroller for an extension of that period, and  
 (ii) the Comptroller, being satisfied that in the circumstances of the case it 
is fair and reasonable to do so, has extended that period for a n umber 
of working days not exceeding ten,  
within that period as so extended by the Comptroller.  
(2)  The Court hearing an action brought pursuant to subsection (1) — 
 (a) may, on the application of a person, allow the person to be joined as a 
defendant to th e action; and  
 (b) shall allow the Comptroller to appear and be heard.  
(3)  In addition to any relief that the Court may grant apart from this section, the Court 
may— 
 (a) at any time, if it thinks it just, order that the seized goods be released to their 
designated owner subject to the conditions if any that the Court co nsiders fit 
to impose; or  
 (b) order that the seized goods be forfeited to the State.  
(4)  If— 
 (a) the Court decides that the trade mark was not i nfringed by the importation of 
the goods; and 
 (b) the designated owner of the goods, or any other defendant, satisfies the 
Court that he has suffered loss or damage because the goods were seized,  
the Court may order the objector to pay to the designated owner or other defendant 
compensation, in t he amount determined by such court, for any part of that loss or 
damage that is attributable to any period beginning on or after the day on which the action 
was brought.  
[Subsection (4) amended by Act No. 50 of 2004.]  
(5)  If, after twenty working days fro m the day on which the action was brought, there 
is not in force at anytime an order of the Court preventing the goods from being released, 
the Comptroller shall release the goods to their de signated owner.  
(6)  If the Court orders that the goods be releas ed, the Comptroller must, subject to 
section 119, comply with the order.  
[Section 116 amended by Act No. 50 of 2004.]  
117.   Action for infringement by authorised user  
If an authorised user of a notified trade mark is an objector in relation to any seized 
goods, the authorised user may start any action for the infringement of the trade mark in 
respect of the goods within the required period without first ascertaining whether the 
registered owner is willing to bring the action.  
118.   Disposal of forfeited g oods   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
If— 
 (a) goods are forfeited to the State under section 114; or  
 (b) the Court orders under section 116 that goods be forfeited to the State,  
the goods shall to be disposed of as the Comptroller directs.  
[Section 118 amended by Act No. 50 of 2004.]  
119.   Power of Comptroller to retain control of goods  
Notwithstanding this Part, the Comptroller — 
 (a) shall not release, or dispose of, any seized goods; or  
 (b) shall not take any action in relation to the goods to give effect to any order of 
the Court un der section 116,  
if the Comptroller is required or allowed to retain control of the goods under any other 
law of the State.  
[Section 119 amended by Act No. 50 of 2004.]  
120.   Insufficient security  
If security given under section 112(3) by the objector or objectors who gave notice 
under section 111 in respect of a trade mark is not sufficient to meet the expenses 
incurred by the State as a result of the action taken by the Comptroller under this Part 
because of the notice, the amount of the difference betwe en those expenses and the 
amount of sec urity— 
 (a) shall be a debt due by the objector, or by the objectors jointly or each of 
them separately, to the State; and  
 (b) may be recovered by an action taken in a court of competent jurisdiction.  
[Section 120 am ended by Act No. 50 of 2004.]  
121.   Government not liable for loss suffered because of seizure  
The State shall not be liable for any loss or damage su ffered by a person — 
 (a) because the Comptroller seized, or failed to seize, goods under this Part; or  
 (b) because of the release of any seized goods.  
[Section 121 amended by Act No. 50 of 2004.]  
122.   Power to require information  
(1)  If goods that may be seized under this Part are imported into Saint Vincent and the 
Grenadines, and the Comptroller, relyin g on information received, is satisfied on 
reasonable grounds that the use of a trade mark applied to or in relation to these goods is 
fraudulent, the Comptroller may ask the importer of the goods or an agent of the 
importer — 
 (a) to produce any document i n his possession relating to the goods; and  
 (b) to give information about — 
 (i) the name and address of the persons by whom the goods were 
consigned to Saint Vi ncent and the Grenadines, and   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (ii) the name and address of the person in Saint Vincent and the  
Gren adines to whom the goods were consigned.  
(2)  If the importer or his agent intentionally or recklessly fails to comply with the 
request within the prescribed period, the importer or agent commits an offence and shall 
be liable on conviction to a fine of ten thousand dollars.  
PART XVII  
Offences  
123.   Falsifying, etc., a registered trade mark  
(1)  No person shall, intentionally or recklessly, falsify or unlawfully remove a trade 
mark that has been applied — 
 (a) to any goods that are being, or to be, dea lt with or provided in the course of 
trade; or  
 (b) in relation to any goods or services that are being, or are to be dealt with or 
provided in the course of trade,  
knowing that the trade mark is registered or reckless of whether or not the trade mark is 
registered.  
(2)  A person falsifies a registered trade mark if the pe rson— 
 (a) alters or defaces it;  
 (b) makes any addition to it; or  
 (c) partly removes, erases or obliterates it,  
without the permission of the registered owner, or an autho rised user, of  the trade mark 
and without being required or authorised to do so by this Act, a direction of the Registrar 
or an order of a court of competent jurisdiction.  
(3)  A person unlawfully removes a registered trade mark if the person wholly 
removes, erases or o bliterates it — 
 (a) without the permission of the registered owner, or an authorised user, of the 
trade mark; and  
 (b) without being required or authorised to do so by this Act, a direction of the 
Registrar or an order of the Court.  
[Subsection (3) amended  by Act No. 50 of 2004.]  
124.   Falsely applying a registered trade mark  
(1)  A person shall not, intentionally or recklessly falsely apply a registered trade 
mark — 
 (a) to goods that are being, or are to be dealt with or provided in the course of 
trade; o r 
 (b) in relation to goods or services that are being, or are to be, dealt with or 
provided in the course of trade,  
knowing that the trade mark is registered or reckless as to whether or not the trade mark is 
registered.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
[Subsection (1) amended by Act No.  50 of 2004.]  
(2)  A person falsely applies a registered trade mark to goods, or in relation to goods 
or services if the person applies the trade mark or a sign substantially identical with it to 
the goods or in relation to the goods or services without — 
 (a) the permission of the registered owner, or of an authorised user, of the trade 
mark; and  
 (b) being required or authorised to do so by this Act, a direction of the Regi strar 
or an order of the Court.  
[Subsection (2) amended by Act No. 50 of 2004.]  
125.   Manufacture and possession of die, etc., for use in commission of offence  
(1)  A person shall not make a die, block, machine or i nstrument — 
 (a) knowing that it is likely to be used for, or in the course of, committing an 
offence against se ction 123 or 124 or;  
 (b) reckless as to whether or not it is likely to be used for, or in the course of, 
committing an offence against section 123 or 124.  
[Subsection (1) amended by Act No. 50 of 2004.]  
(2)  A person shall not draw, or program a computer or other devi ce to draw, a 
registered trade mark or part of a registered trade mark — 
 (a) knowing that the trade mark or part of the trade mark is likely to be used for, 
or in the course of, committing an offence against section 123 or 124; or  
 (b) reckless as to wheth er or not the trade mark or part of a trade mark is likely 
to be used for, or in the course of, committing an offence against se ction 123 
or 124.  
[Subsection (2) amended by Act No. 50 of 2004.]  
(3)  A person shall not intentionally have in his posse ssion, or dispose of — 
 (a) a die, block, machine or instrument; or  
 (b) a computer, or other device, programmed to draw a registered trade mark or 
part of a regi stered trade mark; or  
 (c) a representation of a registered trade mark or of part of a registered trad e 
mark,  
knowing that, or reckless as to whether or not, the die, block, machine, instrument, 
computer device or representation is likely to be used for, or in the course of, committing 
an offence against section 123 or 124.  
[Subsection (3) amended by Act N o. 50 of 2004.]  
126.   Selling, etc., goods with false marks  
A person shall not intentionally — 
 (a) sell goods; or  
 (b) expose goods for sale; or  
 (c) have goods in his possession for the purpose of trade or manufacture; or   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (d) imports goods into Saint Vi ncent and the Grenadines for the purpose of trade 
or man ufacture,  
knowing that, or reckless as to whether or not a falsified regi stered trade mark is applied 
to them or in relation to them or a registered trade mark has been unlawfully removed 
from them, o r a registered trade mark is falsely applied to them or in relation to them.  
[Section 126 amended by Act No. 50 of 2004.]  
127.   Penalty for offences  
A person who contravenes section 123, 124, 125 or 126 commits an offence and shall 
be liable upon convicti on to a fine not exceeding two hundred and fifty thousand dollars.  
128.   False representations regarding trade marks  
(1)  A person shall not intentionally or recklessly make representation to the effect that 
a trade mark is registered as a trade mark unle ss the person knows, or has reasonable 
grounds to believe, that the trade mark is registered in Saint Vincent and the Grenadines.  
(2)  A person shall not intentionally or recklessly make representation to the effect that 
a part of a registered trade mark i s registered as a trade mark unless the person knows, or 
has reasonable grounds to believe, that the part is regi stered as a trade mark in Saint 
Vincent and the Grenadines.  
(3)  A person shall not intentionally or recklessly make representation to the effe ct that 
a trade mark is registered in respect of goods or services unless the person knows, or has 
reasonable grounds to believe, that the trade mark is regi stered in Saint Vincent and the 
Grenadines in respect of those goods or services.  
(4)  A person sha ll not intentionally or recklessly make representation to the effect that 
the registration of a trade mark gives exclusive rights to the use of the trade mark in 
circumstances in which, having regard to conditions or lim itations entered in the Register, 
the registration does not give those rights unless the person has reasonable grounds to 
believe that the registration does give those exclusive rights.  
(5)  For the purposes of this section, the use in Saint Vincent and the Grenadines in 
relation to a trade mark of the word registered, or of any other word or any symbol 
referring, either expressly or by implication, to registration is taken to be a representation 
that the trade mark is registered in Saint Vincent and the Grenadines in respect of the 
goods and  services in relation to which it is used except if the trade mark is registered in a 
country other than Saint Vincent and the Grenadines in respect of these goods and 
services and — 
 (a) the word or symbol by itself indicates that the trade mark is registe red in that 
other country or in a country outside Saint Vincent and the Grenadines; or  
 (b) the word or symbol is used, together with other words or symbols of the 
same or a bigger size to indicate that the trade mark is registered in that other 
country or  in a cou ntry outside Saint Vincent and the Grenadines; or  
 (c) the word or symbol is issued in relation to goods that are to be exported to 
that cou ntry. 
(6)  A person who contravenes a provision of this section commits an offence and 
upon conviction shal l be liable to a fine of ten thousand dollars.  
129.   False entries in Register   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(1)  A person shall not intentionally — 
 (a) make a false entry in the Register; or  
 (b) cause a false entry to be made in the Register; or  
 (c) tender in evidence a document th at falsely purports to be a copy of, or an 
extract from, an entry in the Register or a document in the Commerce and 
Intellectual Property Office.  
(2)  A person who contravenes subsection (1) commits an offence and upon summary 
conviction shall be liable to  a fine of one thousand dollars.  
130.   Disobeying summons  
(1)  A person — 
 (a) who has been summoned to appear as a wi tness before the Registrar; and  
 (b) to whom a reasonable sum has been tendered in payment for e xpenses,  
shall not, without reasonable exc use, fail to appear in answer to the summons.  
(2)  A person — 
 (a) who has been required by the Registrar to pr oduce a document or any other 
thing; and  
 (b) to whom a reasonable sum has been tendered in payment for expenses,  
shall not, without reasonable ex cuse, fail to produce the document or thing.  
(3)  A person who contravenes subsection (1) or (2) commits an offence and upon 
summary conviction shall be liable to a fine of two hundred and fifty dollars.  
131.   Refusing to give evidence  
(1)  A person appea ring before the Registrar as a witness shall not without reasonable 
excuse — 
 (a) refuse to be sworn or to make an affirmation; or  
 (b) refuse to answer questions that he is lawfully required to answer; or  
 (c) fail to produce any document or thing that he is lawfully required to pr oduce.  
(2)  A person who contravenes subsection (1) commits an offence and upon summary 
conviction shall be liable to a fine of two hundred and fifty dollars.  
132.   Unauthorised persons not to act in trade mark ma tters 
(1)  A per son shall not — 
 (a) apply for, or obtain, on behalf of another pe rson— 
 (i) the registration of a trade mark,  
 (ii) the making of an entry in the Register, or  
 (iii) the amendment, cancellation, removal or restoration of an entry in the 
Register; or  
 (b) prepare, or caused to be filed in accordance with this Act, a document 
necessary for a nother person to obtain or oppose —  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (i) the registration of a trade mark,  
 (ii) the making of an entry in the Register,  
 (iii) the amendment, cancellation, removal or rest oration of any entry in 
the Regi ster; or  
 (c) give advice to another person about the vali dity of the registration of a trade 
mark or the i nfringement of a trade mark,  
unless the person is an attorney -at-law. 
(2)  A person who contravenes subsection (1) co mmits an offence and upon summary 
conviction shall be liable to a fine of ten thousand dollars.  
133.   False representation about Commerce and Intelle ctual Property Office  
(1)  A person — 
 (a) shall not — 
 (i) place, or allow to be placed, on the building in  which his office is 
situated,  
 (ii) use when advertising his office or bus iness, or  
 (iii) place on a document, as a description of his office or business,  
the words “Commerce and Intellectual Pro perty Office” or words of similar 
import whether alone or t ogether with other words; or  
 (b) shall not use in any other way, in connection with his business, words that 
would reasonably lead other persons to believe that his office is, or is 
officially co nnected with the Commerce and Intellectual Property Office.  
(2)  A person who contravenes subsection (1) commits an offence and upon summary 
conviction shall be liable to a fine of ten thousand dollars.  
134.   Employee not to prepare documents  
(1)  A public officer employed in the Commerce and I ntellectual Property  Office shall 
not prepare, or help to pr epare, a document to be filed under this Act unless required or 
authorised to do so by a written direction of the Registrar or an order of the Court.  
[Subsection (1) amended by Act No. 50 of 2004.]  
(2)  A public offi cer who contravenes subsection (1) shall be liable to disciplinary 
action by the Public Service Commission.  
135.   Conduct of directors, servants and agents  
(1)  This section applies for the purposes of a prosecution for an offence under this 
Act. 
(2)  If it is necessary to prove the state of mind of a body corporate in relation to a 
partic ular conduct, it shall be enough to show — 
 (a) that the conduct was engaged in by a director, servant or agent of the body 
corporate within the scope of his actual appare nt authority; and  
 (b) that the director, servant or agent had the state of mind.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(3)  Any conduct engaged in on behalf of a body corporate by a director, se rvant, 
agent of the body corporate within the scope of his actual or apparent a uthority is taken to  
have been engaged in also by the body corporate unless it proves that it took reasonable 
precautions and exercised due diligence to avoid the conduct.  
(4)  If it is necessary to prove the state of mind of an individual in relation to a 
particular conduct,  it shall be enough to show — 
 (a) that the conduct was engaged in by a servant or agent of the individual 
within the scope of his actual or apparent authority; and  
 (b) that the servant or agent had the state of mind.  
(5)  Any conduct engaged in on behalf of an individual by a servant or agent of the 
individual within the scope of his actual or apparent authority is taken to have been 
engaged in also by the individual, unless the individual establishes that he took 
reaso nable preca utions and exercised due d iligence to avoid the conduct.  
(6)  For the purposes of this section — 
“director” , in relation to a statutory body that is constituted by one or more 
members, means the member, or any of the members, constituting the body;  
“engage in conduct”  includes fail or refuse to engage in conduct;  
“state of mind” , in relation to a person, includes — 
 (a) the person’s knowledge, intention, opinion, belief or purpose; and  
 (b) the person’s reasons for the intention, opinion, belief or purpose.  
PART XVIII  
Collective Trade  Marks  
136.   Application and definition  
(1)  For the purposes of this Part, “collective trade mark”  means a sign used, or 
intended to be used, in relation to goods or services dealt with or provided in the course 
of trade by members of an association to d istinguish those goods or services from goods 
or services so dealt with or provided by persons who are not members of the association.  
(2)  The provisions of this Act relating to trade mark, other than Part XIII shall apply 
to collective trade marks and so  apply as if — 
 (a) a reference to a trade mark included a refe rence to a collective trade mark;  
 (b) a reference to a person doing something for the registration of a trade mark 
included a reference to an association doing that thing for the registration o f 
the collective trade mark; and  
 (c) a reference to a trade mark registered by a person includes a reference to a 
collective trade mark registered by an association.  
[Subsection (2) amended by Act No. 50 of 2004.]  
(3)  For the purposes of this Act — 
 (a) the use of collective a trade mark by a me mber of the association that is the 
applicant for the registration of the collective trade mark is taken to be a use 
of the collective trade mark by the applicant; and   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (b) the use of a regi stered collective trade m ark by a member of the association 
that is the regi stered owner of the collective trade mark is taken to be a use 
of the colle ctive trade mark by the registered owner.  
(4)  Section 23 applies in relation to a collective trade mark as if reference to the 
applicant were a reference to the members of the association that applied for registration 
of the collective trade mark.  
137.   Application for registration  
An application for the registration of a collective trade mark shall be made by the 
association to wh ich the mark belongs.  
138.   Limitation on rights given by registered collective trade mark  
A member of an association in whose name a collective trade mark is registered shall 
not have the right to prevent another member of the association from using the collective 
trade mark in accordance with the rules which may be made by the association.  
139.   Assignment, etc., of collective trade mark  
A collective trade mark may not be assigned or transmi tted. 
140.   Infringement of collective trade mark  
In an action  by an association in whose name a collective trade mark is registered 
seeking relief for infringement of the collective trade mark, the association may take into 
account, in claiming damages, any damage or loss of profits sustained or incurred by the 
memb ers of the association as a result of the infringement.  
PART XIX  
Certification Trade Marks  
141.   Interpretation  
(1)  For the purposes of this Part, “certification trade mark”  means a sign used, or 
intended to be used to disti nguish goods or services — 
 (a) dealt with or provided in the course of trade; and  
 (b) certified by a person, the owner of the certif ication trade mark, or by another 
person approved by that person, in relation to quality, accuracy or some 
other characteristic, including in the case of  goods, origin, material or mode 
of manufacture,  
from other goods or services dealt with or provided in the course of trade but not so cert ified. 
(2)  Subject to this Part, the provisions of this Act relating to trade marks, other than 
the following shall apply to cert ification trade marks in and so apply as if a reference to a 
trade mark included a reference to a certification trade mark — 
 (a) section 2 of the definition of “autho rised user of trade marks” ; 
 (b) section 3(1), (2) and (3);  
 (c) section 4(3) ;  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (d) section 13(1);  
 (e) section 16(3), (4) and (5);  
 (f) section 23;  
 (g) section 68;  
 (h) sections 101 and 107;  
 (i) Part XII.  
[Subsection (2) amended by Act No. 50 of 2004.]  
142.   Rights given by registration of a certification trade mark  
(1)  If a c ertification trade mark is registered, the registered owner shall have subject 
to Part II and not withstan ding section 6(1), the exclusive rights to use, and to allow other 
persons to use, the certification trade mark, in relation to the goods or se rvices of both in 
respect of which the certification trade mark is registered.  
(2)  Pursuant to subsection (1) the registered owner may, use the certification trade 
mark only in accordance with the rules governing the use of the certification trade mark.  
(3)  The rights pursuant to subsections (1) and (2) shall be deemed to have occurred to 
the registered owner as from the date of registration of the certification trade mark.  
(4)  If a certification trade mark is registered under this Act subject to conditions or 
limitations, the rights of the re gistered owner shall be restricted by those conditions or 
limit ations.  
(5)  If a certification trade mark is registered in the name of two or more persons as 
joint owners of the trade mark, the rights granted to those perso ns under this section shall 
be exercised by them as if they were the rights of a single pe rson. 
143.   Rights of persons allowed to use a certification trade mark  
(1)  Where the registered owner of a registered certification trade mark allows a nother 
perso n to use the certification trade mark in relation to goods or services in respect of 
which it is registered, the approved user has a right to use the certification trade mark in 
relation to those goods or services in accordance with the rules governing the  use of the 
certif ication trade mark.  
(2)  For the purposes of the section, “approved user”  means the person allowed to 
use a registered certification trade mark pursuant to subsection (1).  
144.   Rules governing the use of certification trade marks  
(1)  A person who has filed an application for the regi stration of a certification trade 
mark shall file in accordance with the Regulations, a copy of the rules governing the use 
of the certification trade mark and any document prescribed under section 13(2).  
(2)  The rules shall include provisions regarding — 
 (a) the person’s approved certifiers who may be approved for the purpose of 
certifying goods or services or both;  
 (b) the cases in which goods or services are to be certified;  
 (c) the conditions under whi ch an approved user is to be allowed to use the 
certification trade mark in relation to goods or services;   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (d) the use of the certification trade mark by the owner, if he intends to use it, 
and any a pproved user; and  
 (e) the settlement of any dispute ari sing from r efusal — 
 (i) to certify goods or se rvices, or  
 (ii) to allow the use of the certification trade mark,  
and any other condition that the Re gistrar may permit.  
(3)  For the purposes of this section, “acquired certifier”  means a person approved 
for the purpose of certifying goods or services or both pursuant to subsection (2).  
145.   Grant of application to register  
(1)  If after examining an application made pursuant to this Part, the Registrar is 
satisfied that — 
 (a) the application has been made i n accordance with this Act;  
 (b) subject to subsection (2), the rules referred to in section 144 — 
 (i) would not be detrimental to the public, and  
 (ii) are satisfactory having regard to the criteria prescribed under 
section 144(2);  
 (c) the applicant or t he approved certifiers are competent to certify the goods or 
services or both in respect of which the certification trade mark is to be 
registered;  
 (d) the trade mark is capable of distinguishing goods or services certified by the 
applicant or an approved  certifier from the goods or services not so ce rtified;  
 (e) there are no other grounds for rejecting the application,  
the Registrar shall register the certification trade mark and issue a certificate to that effect 
to the applicant and shall publish notic e of the registration in the prescribed form in the 
official journal.  
(2)  In deciding, pursuant to subsection (1)( d), whether or not a certification trade 
mark is capable of distinguishing goods or services certified by the applicant or an 
approved ce rtifier, the Registrar shall take into account the extent to which — 
 (a) the certification trade mark is inherently adapted so to distinguish those 
goods or se rvices; or  
 (b) because of its use or any other circumstances the certification trade mark has 
become  adapted so to distinguish those goods or se rvices.  
(3)  The Registrar may require the applicant to make amendments to any of the rules 
referred to in section 144 as the Registrar considers necessary.  
146.   Refusal to Register  
(1)  The Registrar may, subj ect to subsection (2) reject an application made pursuant 
to this Part if he is not satisfied as to any of the grounds referred to in section 145(1).  
(2)  The Registrar may not reject an application made pursuant to this Part without 
giving the applicant a n oppo rtunity to be heard.  
147.   Variation of rules   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(1)  Subject to subsection (2), the rules governing the use of a registered certification 
trade mark may be varied in a ccordance with the Regulations.  
(2)  The rules governing the use of a certification trade mark shall not be varied 
without the approval of the Regi strar. 
(3)  Before dealing to approve a variation in the rules governing the use of a 
certific ation trade mark the Registrar shall be satisfied that the rules as varied — 
 (a) would not be detri mental to the public;  
 (b) are satisfactory having regard to the criteria prescribed pursuant to 
section 144(2)( b). 
(4)  The Registrar shall — 
 (a) notify the registered owner of the certification trade mark in writing, of his 
decision to a pprove or not to approved the variation of rules governing the 
use of a ce rtification and trade mark; and  
 (b) cause notice, if applicable, of any variation in the rules, to be published in 
the official jou rnal. 
148.   Rules to be available for inspection  
Rules governing t he use of a registered certification trade mark shall be available for 
inspection at the same time and in the same manner as the Register.  
149.   Assignment of registered certification trade mark  
(1)  A registered certification trade mark may be assigned o nly with the consent of the 
Registrar.  
(2)  An application to the Registrar for his consent to the assignment of a registered 
certification trade mark shall be in the prescribed form.  
(3)  In deciding whether or not to give his consent, the Registrar may h ave regard to 
the matters provided for under the regulations.  
(4)  A person aggrieved by a decision made by the Regi strar pursuant to this section 
may appeal to the Court.  
[Subsection (4) amended by Act No. 50 of 2004.]  
150.   Assignment of registered cert ification trade mark  
(1)  A registered certification trade mark shall not be assigned unless with the co nsent 
of the Registrar.  
(2)  An application to the Registrar for his consent to the assignment of a registered 
certification trade mark shall be in the prescribed form.  
(3)  The Registrar may, having regard to the matters provided for under the 
Regul ations, grant or refuse consent.  
(4)  A person aggrieved by a decision of the Registrar pursuant to this section may 
appeal to the Court.  
151.   Rectification  of Register by order of Court   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(1)  Subject to subsection (2), the Court may, on the application of an aggrieved 
person, order that the Register be rectified by — 
 (a) cancelling the registration of a trade mark;  
 (b) removing or amending an entry wrongly m ade or remaining on the Regi ster; 
 (c) entering any condition or limitation affecting the registration of a trade mark 
that ought to be entered.  
(2)  An applicant, referred to in subsection (1) may be made on any of the following 
grounds — 
 (a) any of the g rounds on which the registration of the trade mark should have 
been opposed under Part VII or on the grounds that the trade mark is cap able 
of distinguishing goods or se rvices certified by the applicant or an approved 
certifier from goods or services not s o certified;  
 (b) an amendment of the application for the regi stration of the trade mark was 
obtained as a result of fraud, false suggestion or misreprese ntation;  
 (c) because of the circumstances applying at the time when the application for 
rectification  is filed, the use of the trade mark is likely to deceive or cause 
confusion for a reason other than one for which — 
 (i) the application for the registration of the trade mark could have been 
rejected under section 25 or 26, or  
 (ii) the registration of th e trade mark could have been opposed under 
section 40.  
(3)  The Court may on the application of a person aggrieved, order that the Register be 
rectified by cancelling the registration of a certification trade mark, or removing or 
amending an entry in the R egister relating to the certification trade mark, on the ground 
that— 
 (a) the registered owner or approved certifier is no longer competent to certify 
any of the goods or services or both in respect of which the mark is 
registered;  
 (b) the rules governin g the use of the certification trade mark are detrimental to 
the pu blic; or  
 (c) the registered owner or an approved user has failed to comply with a 
provision of the rules governing the use of the certification trade mark.  
(4)  Notice of an application to  the Court pursuant to subsection (1) shall be given to 
the Registrar.  
[Subsection (4) renumbered as such by Act No. 50 of 2004.]  
(5)  Except for cases in which the Court directs the Regi strar to appear, the Registrar 
may appear before the Court and be hea rd at his discretion.  
[Subsection (5) renumbered as such, and amended, by Act No. 50 of 2004.]  
(6)  A copy of any order made by the Court under this section shall be given to the 
Regi strar and the Registrar shall comply with the order.  
[Subsection (6) renu mbered as such by Act No. 50 of 2004.]  
152.   Variation of rules by order of Court   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(1)  The Court may, on the application of a person aggrieved, make such orders as it 
thinks fit for varying the rules governing the use of a certification trade mark.  
(2)  Notice of an application to the Court must be given to the Registrar.  
153.   Copy of order and rules  
(1)  A copy of any order made by the Court under this section shall be given to the 
Regi strar. 
(2)  If the Court orders that the rules are to be varied, the  registered owner of the 
certification trade mark shall give to the Registrar a copy of the rules as varied to be 
certified by the Registrar as a true copy.  
PART XX  
Defensive Trade Marks  
154.   Defensive trade marks  
(1)  If, because of the extent to which a registered trade mark has been used in rel ation 
to all or any of the goods or services in respect of which it is registered, it is likely that its 
use in relation to other goods or services will be taken to indicate that there is a 
conne ction between tho se other goods or services and the registered owner of the trade 
mark, the trade mark may, on the application of the registered owner, be registered as a 
defensive trade mark in respect of any or all of those other goods or services.  
(2)  A trade mark may be registered as a defensive trade mark in respect of particular 
goods or services even if the registered owner does not use or intend to use the trade mark 
in relation to those goods or services.  
(3)  A trade mark may be registered as a defensive trade ma rk in respect of particular 
goods or services even if it is already registered otherwise than a defensive trade mark in 
the name of the applicant in respect of those goods or se rvices.  
(4)  A trade mark that is registered as a defensive trade mark in respe ct of particular 
goods or services may be su bsequently registered otherwise than as a defensive trade 
mark in the name of the registered owner in respect of the same goods or services.  
155.   Application of Act  
Subject to this Part, the provisions of this Act, other than sections 6(1), 13(1)( b), 23, 
39, 101 and 107, Part XII and Part XIX apply to defensive trade marks and so apply as if 
a reference to a trade mark included a reference to a defensive trade mark.  
156.   Additional grounds for rejecting applic ation for registration or opposing 
registration  
In addition to any other ground on which — 
 (a) an application for the registration of a trade mark as a defensive trade mark 
may be r ejected; or  
 (b) the registration of a trade mark as a defensive trade mark  may be opposed, 
the application shall be rejected or the registration may be o pposed;   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (c) if the trade mark is not registered as a trade mark in the name of the 
applicant; or  
 (d) in the case of a registered trade mark, if it is not likely that the use o f the 
trade mark in relation to the goods or services in respect of which its 
registration as a defensive trade mark is sought will be taken to indicate that 
there is a connection between those goods or services and the registered 
owner.  
157.   Amendment o r cancellation of registration by order of Court  
Section 68 applies in relation to a defensive trade mark as if “or under section 156” 
were added at the end of subse ction (2)( a). 
158.   Cancellation of registration by Registrar  
The Registrar may cancel the  registration of a trade mark as a defensive trade mark if 
the trade mark is not otherwise registered in the name of the registered owner of the 
defensive trade mark.  
PART XXI  
Jurisdiction and Powers of Courts  
159.   Jurisdiction of the High Court  
(1)  The Court has jurisdiction with respect to ma tters arising under this Act.  
(2)  The jurisdiction of the Court to hear and determine actions and proceedings 
appeals against decisions, directions or orders of the Registrar shall be exclusive of the 
jurisdi ction of any other court.  
(3)  . . . . . . 
[Section 159 amended by  and subsection (3) repealed by Act No. 50 of 2004.]  
160.   . . . . . .  
[Section 160 repealed by Act No. 50 of 2004.]  
161.   Appeals  
An appeal may be made to the Court of Appeal against a judge ment of the Court 
exercising jurisdiction under this Act.  
[Section 161 repealed and replaced by Act No. 50 of 2004.]  
162.   Register may appear in appeals  
The Registrar may appear and be heard at the hearing of an appeal to the Court against 
a decision or direction of the Registrar.  
[Section 162 amended by Act No. 50 of 2004.]  
163.   Powers of Court   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
On hearing an appeal against a decision or direction of the Registrar, the Court may do 
anyone or more of the fo llowing — 
 (a) admit further evidence orally, or on affidavit or otherwise;  
 (b) permit the examination and cross -examination of witnesses, including 
witnesses who gave evidence before the Registrar;  
 (c) order an issue of fact to be tried as it directs;  
 (d) affirm, reverse or vary the Registrar’s decis ion or direction;  
 (e) give any judgement, or make any order, that, in all the circumstances, it 
thinks fit;  
 (f) order a party to pay costs to another party.  
PART XXII  
Administration  
164.   Registrar of Commerce and Intellectual Property Office  
The Regist rar shall have the powers and functions that are given to him under this Act 
or any other Act and shall be responsible for the administration of this Act.  
[Section 164 substituted by Act No. 50 of 2004.]  
165.   Registrar’s powers  
The Registrar may, for the  purposes of this Act — 
 (a) summon witnesses;  
 (b) receive written or oral evidence on oath or affirmation;  
 (c) require the production of documents or art icles; and  
 (d) award costs against a party to proceedings brought before the Registrar; and  
 (e) notify, as he considers fit, any person of any matter that, in his opinion, 
should be brought to the person’s notice.  
166.   Exercise of power by Registrar  
The Registrar may not exercise a power under this Act in any way that adversely 
affects a person applyi ng for the exercise of that power without first giving that person a 
reaso nable opportunity of being heard.  
167.   Registrar to act as soon as possible  
If— 
 (a) the Registrar is required under this Act to do any act or thing; and  
 (b) no time or period is provided within which the act or thing is to be done,  
the Registrar is to do the act or thing as soon as practicable.  
168.   Deputy Registrar   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(1)  Subject to any direction by the Registrar, a Deputy Registrar has all the powers 
and functions of the Registr ar, except the powers of delegation under section 169.  
(2)  A power or function of the Registrar, when exercised by a Deputy Registrar, is 
taken to have been exercised by the Registrar.  
(3)  The exercise of a power or function of the Registrar by a Deputy Registrar does 
not prevent the exercise of the power or function by the Registrar.  
(4)  If the exercise of a power or function by the Registrar is dependent on the opi nion, 
belief or state of mind of the Registrar in relation to a matter, that power or fun ction may 
be exercised by a Deputy Registrar on his or her opinion, belief or state of mind in 
relation to that matter.  
(5)  If the operation of a provision of this Act or another Act is dependent on the 
opinion, belief or state of mind of the Registrar in  relation to a matter, that provision may 
operate on the opinion, belief or state of mind of a Deputy Registrar in relation to that 
matter. 
169.   Delegation of Registrar’s powers and functions  
(1)  The Registrar may by signed instrument delegate all or an y of his other powers or 
functions to — 
 (a) a prescribed person, or persons included in a prescribed class, holding or 
performing the duties of an office in the Commerce and Intellectual Pro perty 
Office;  
 (b) a prescribed public officer, or public officer included in a prescribed class, 
employed in the Commerce and Intellectual Property Office.  
(2)  A delegate shall, if so required by the instrument of delegation, exercise or 
perform a delegated power or fun ction under the direction or supervision of — 
 (a) the Registrar; or  
 (b) a person specified in the instrument, being a person referred to in subse ction 
(1)(a) or ( b). 
PART XXIII  
The Register and Official Documents  
170.   The Register  
(1)  A Register of Trade Marks is to be kept at the Commerce and Intelle ctual Pro perty 
Office.  
(2)  The Registrar shall enter in the Register in accordance with this Act — 
 (a) all particulars of registered trade marks, and all other matters that were on 
the old register when the Registration of United Kingdom Trade Marks Act 
was repealed; and  
 (b) particulars of trade marks, certification trade marks, collective trade marks 
and defensive trade marks, and all other matters, that are required to be 
registered under this Act; and  
 (c) other prescribed matters.  
[Chapter 113 of the Revised Laws 1990 Edition. Subsection (2) amended by Act No. 50 of 2004.]   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(3)  All particulars entered in the Register under subsection (2)( a) shall be taken to 
have been so entered at the commencement of this Act.  
[Subsection (3) renumbered as such by Act  No. 50 of 2004.]  
171.   Register may be kept on computer  
(1)  The Register may be kept in whole or in part by using a computer.  
(2)  Any record of a particular or other matter made by using a computer for the 
purpose of keeping the Register is taken to be  an entry in the Register.  
172.   Register used as evidence  
(1)  The Register is prima facie  evidence of any particular or other matter entered in it.  
(2)  A copy of, or an extract from, the Register that is ce rtified by the Registrar to be a 
true record o r extract is admi ssible in any proceedings as if it were the original.  
(3)  If the Register or a part of the Register is kept by using a computer, a document 
certified by the Registrar as reproducing in writing a computer record of all or any of the 
particulars comprised in the Register or in the part of the Register shall be admissible in 
any proceedings as evidence of those particulars.  
173.   Certified copies of documents  
(1)  A certificate signed by the Registrar and stating that — 
 (a) anything required  or permitted to be done by the Act or the repealed Acts 
were done or not done on, or had been done or not been done by, a spec ified 
date;  
 (b) anything prohibited by the Act or the repealed Act was done or not done on, 
or had been done or not been done by , a specified date; or  
 (c) a document was available for public inspection at the Commerce and 
Intellectual Pro perty Office on a specified date or during a specified period,  
shall be prima facie  evidence of the matters so stated.  
[Subsection (1) amended by  Act No. 50 of 2004.]  
(2)  A copy of, or an extract from, a document held in the Commerce and Intellectual 
Property Office that is certified by the Registrar to be a true copy or extract is admiss ible 
in any proceedings as if it were the original.  
PART XXI V 
Miscellaneous  
174.   Making and signing applications and filing of documents  
An application, notice or request required or permitted under this Act to be made or 
signed by a person shall be made or signed, on behalf of that person, by an attorney -at-
law in accordance with the Regulations.  
175.   Withdrawal of application, etc.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(1)  A person who has filed an application, notice or r equest may withdraw it, in 
accordance with the Regulations, at any time while it is still being considered by the 
Registrar.  
(2)  If— 
 (a) the right or interest on which the person relied to file the application, notice 
or request has become vested in another person; and  
 (b) the other person notifies the Registrar in wri ting that the right or interest is 
vested in him,  
the other  person may withdraw the application, notice or request as provided in 
subse ction (1).  
176.   Address for service  
(1)  The address for service of a person who has filed an application, notice or r equest 
is— 
 (a) the address for service stated in the applic ation, notice or request; or  
 (b) if the person subsequently notifies in writing another address to the 
Regi strar, that other address.  
(2)  Where a trade mark is registered, or a claim to an i nterest in or to a right in respect 
of, a registered trade mark that a person has is recorded in the Register, the Regi strar shall 
enter in the Register as the address for service of the registered owner or of the person — 
 (a) if paragraph ( b) does not apply, the address given, or last given, by the 
registered owner or  the person to the Registrar under subsection (1); or  
 (b) if, before the Registrar registers the trade mark or records the claim to the 
interest or right, the registered owner or person,  
gives in writing to the Registrar another address as his or her addr ess for service, that 
other address.  
(3)  The registered owner of a registered trade mark, or any person whose claim to an 
interest in, or to a right in r espect of, a trade mark is recorded in the Register, shall notify 
the Registrar in writing of any chan ge in his address for se rvice and the Registrar shall 
amend the Register accordingly.  
(4)  The address for service of — 
 (a) the registered owner of a registered trade mark; or  
 (b) a person whose claim to an interest in, or to a right in respect of, a trad e 
mark is recorded in the Register,  
is the address set out from time to time in the Register as being the address for se rvice of 
the registered owner or of the person.  
(5)  An address for service shall be an address in Saint Vincent and the Grenadines.  
(6)  If this Act provides that a document is to be served on, or given or sent to, a pe rson— 
 (a) the document may be left at, or sent by post to, the address for service of the 
person; or  
 (b) if the person does not have an address for service, the document may be 
served on an agent of the person in Saint Vincent and the Grenadines.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
177.   Change of name  
(1)  If there is a change in the name of a person who has filed an application, notice or 
request, the person shall notify the Registrar in writing of the ch ange.  
(2)  If there is a change in the name of — 
 (a) the registered owner of a registered trade mark; or  
 (b) a person whose claim to an interest in, or to right in respect of, a trade mark 
is recorded in the Register,  
the registered owner or the person sh all notify the Registrar in writing of the change and 
the Registrar shall amend the Re gister accordingly.  
178.   Death of applicant, etc.  
(1)  If an applicant for the registration of a trade mark dies before registration is 
granted on the application, his legal representative may proceed with the application.  
(2)  If, at any time after a trade mark is registered, the Registrar is satisfied that the 
person in whose name the trade mark is registered had died, or, in the case of a body 
corporate, had ceased to  exist, before registration was granted, the Registrar may amend 
the Regi ster by substituting for the name entered in the Register the name of the person 
who should be the registered owner of the trade mark.  
179.   Description of registered trade mark  
In an indictment, information, pleading or proceeding relating to a registered trade 
mark, the trade mark may be identified by its registration number and it shall not be 
necessary to reproduce or describe the trade mark.  
180.   Evidence of usage of trade mark  
In an action or proceeding relating to a trade mark, ev idence is admissible of the usage 
of the trade mark concerned and of any relevant trade mark or trade name legit imately 
used by other persons.  
[Section 180 amended by Act No. 50 of 2004.]  
181.   Death  of party to proceeding before Registrar  
If a person who is party to a proceeding pending before the Registrar dies, the 
Regi strar may — 
 (a) on being asked, substitute in the proceeding another person in the place of 
the deceased party if the Registrar is satisfied that the inte rest of the 
deceased party has been transmitted to that other person; or  
 (b) allow the proceeding to continue without any substitution if the Registrar is 
of the opinion that the interest of the deceased party is sufficiently 
represented by the surviving parties.  
182.   Cost awarded by Registrar  
(1)  The Registrar may award costs in respect of the matters, and in the amounts, 
provided for in the Regulations against any party to proceedings brought before him.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(2)  A party desiring to  obtain costs shall apply to the Registrar in accordance with the 
Regulations.  
(3)  If a party is ordered to pay the costs of another party, the costs may be recovered 
in a court of competent jurisdiction as a debt due by the first party to the other party . 
183.   Security for costs  
If a person who neither resides nor carries on business in Saint Vincent and the 
Gren adines — 
 (a) gives notice of opposition under this Act; or  
 (b) applies to the Registrar under Part XII for a trade mark to be removed from 
the Regi ster, 
the Registrar may require the person to give security for the costs of the proceeding and 
may, if security is not given, dismiss the proceeding.  
184.   Fees  
(1)  The Minister responsible for trade marks may make Regulations prescribing the 
fees to be paid for the purposes of this Act and may prescribe different fees in respect of 
the doing of an act according to the time when the act is done.  
(2)  Prescribed fees shall be payable in accordance with the Regulations.  
(3)  If a fee is payable in res pect of doing an act by the Registrar or Comptroller, he or 
she shall not do the act until the fee has been paid.  
(4)  Subject to subsection (5), if — 
 (a) a fee is payable in respect of the doing of an act by a person other than the 
Registrar or the Comptr oller; or  
 (b) a fee is payable in respect of the filing of a document,  
the act is taken to have been done, or the document is taken to have been filed, in spite of 
the failure to pay the fee.  
(5)  If the Registrar or the Comptroller notifies the person co ncerned or his or her 
agent, in accordance with the Regul ations, that the fee has not been paid, the act is not 
taken to have been done, or the document is not taken to have been filed, before the day 
on which the fee is paid.  
185.   Extension of time  
(1)  If, because of an error or omission by the Commerce and Intellectual Property 
Office, a relevant act that is required by this Act to be done within a certain time is not, or 
cannot be done within that time, the Registrar shall extend the time for doing th e act.  
(2)  If, because of — 
 (a) an error or omission by the person concerned or by his or her agent; or  
 (b) circumstances beyond the control of the pe rson concerned,  
a relevant act that is required by this Act to be done within a certain time is not, or cannot 
be done within that time, the Registrar may, on application made by the person co ncerned 
in accordance with the Regulations, extend the time for doing the act.  
(3)  If—  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (a) a relevant act that a person is required by this Act to do within a certain  time 
is not, or ca nnot be, done within that time; and  
 (b) on application made by that person in acco rdance with the Regulations, the 
Registrar is of the opinion that special circumstances exist that justify an 
extension of that time,  
the Registrar may ex tend the time for doing the act.  
(4)  The time allowed for doing a relevant act may be extended, whether before or 
after that time has expired.  
(5) If an application is made under subsection (2) or (3) for an extension of time for 
more than three months, t he Registrar shall publish notice of the application in the off icial 
journal.  
(6)  A person may, as prescribed, oppose the granting of the application.  
(7)  An appeal against the decision of the Registrar not to extend the time for the d oing 
of an act, lie s to the Court.  
(8)  In this section, “relevant act”  means — 
 (a) any act, other than a prescribed act, done in relation to a trade mark;  
 (b) the filing of any document, other than a pr escribed document; or  
 (c) any proceedings, other than court proceeding s. 
186.   Publication of documents  
The Registrar may prepare, publish and sell documents relating to trade marks as the 
Registrar thinks fit.  
187.   Use of trade mark for export trade  
(1)  If— 
 (a) a trade mark is applied in Saint Vincent and the Grenadine s— 
 (i) to, or in relation to goods that are to be exported from Saint Vincent 
and the Gren adines,  
 (ii) in relation to services that are to be e xported from Saint Vincent and 
the Grenadines; or  
 (b) any other act is done in Saint Vincent and the Grenadine s to goods to be 
exported from Saint Vincent and the Grenadines or services to be exported 
from Saint Vincent and the Gren adines which, if done in relation to goods or 
services to be dealt with or provided in the course of trade in Saint Vi ncent 
and the Gr enadines, would constitute a use of the trade mark in Saint 
Vincent and the Grenadines,  
the application of the trade mark or the other act is taken, for the purposes of this Act, to 
constitute use of the trade mark in relation to the goods to be exported f rom Saint Vi ncent 
and the Grenadines or services to be exported from Saint Vincent and the Grenadines.  
(2)  Subsection (1) applies to an act done before the commencement of this Act as it 
applies to an act done on or after that day, but it does not affect — 
 (a) a decision of a court made before that day; or  
 (b) the determination of an appeal from such a decision.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
188.   Passing off actions  
(1)  Except as provided in subsection (2), this Act does not affect the law relating to 
passing off.  
(2)  In an action  for passing off arising out of the use by the defendant of a registered 
trade mark of which he or she is the registered owner or an authorised user and that is 
substantially identical with or deceptively similar to, the trade mark of the person 
aggrieved,  damages may not be awarded against the defe ndant if the defendant satisfies 
the Court — 
 (a) that, at the time when the respondent began using the trade mark, he was 
unaware, and had no reasonable means of finding out, that the trade mark of 
the claimant w as in use; and  
 (b) that, when the defendant became aware of the existence and nature of the 
person a ggrieved’s trade mark, he immediately ceased to use the trade mark 
in relation to the goods or services in relation to which it was used by the 
person aggr ieved.  
[Subsection (2) amended by Act No. 50 of 2004.]  
189.   Expenses  
Any expenses incurred pursuant to this Act shall be a charge on the Consolidated 
Fund.  
190.   Regulations  
(1)  The Minister may after consultation with the Regi strar, make Regulations — 
 (a) prescribing matters required or permitted by this Act to be prescribed;  
 (b) prescribing matters necessary or convenient to be prescribed for carrying out 
or giving effect to this Act;  
 (c) prescribing matters necessary or convenient to be prescribed for the co nduct 
of any business relating to the Commerce and Intellectual Property Office.  
(2)  Without limiting the generality of subsection (1), the Regulations may — 
 (a) provide for appeals against decisions of the Registrar made outside the scope 
of the Reg ulations;  
 (b) require persons to make statutory declarations in support of any applic ation, 
notice or request filed under this Act;  
 (c) provide for the making of a declaration, or the doing of an act, under this Act 
on behalf of a person who, becaus e of infancy or physical or mental 
disability, is unable to make the decl aration or do the act;  
 (d) provide for the refund, in specific circu mstances, of the whole or part of a 
fee paid u nder this Act;  
 (e) provide for the remission of, or the exemption o f specified classes of pe rsons 
from the pa yment of, the whole or part of a Registrar;  
 (f) provide for the expenses and allowances to be paid to witnesses or persons 
attending at pr oceedings before the Registrar;  
 (g) give power to the Registrar —  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (i) to require, in specified circumstances, a person applying under 
Part XII for a trade mark to be removed from the Register to give 
security for any costs that may arise from the proceedings,  
 (ii) not to proceed with the application if security is not given,  
 (iii) to refund to the applicant any amount given as security and not 
applied in setting costs awarded against the applicant;  
 (h) provide for the destruction of documents rela ting to a trade mark at least ten 
years after the registration of the trade mark has ceased;  
 (i) prescribe as penalties for offences against the Regulations fines not 
excee ding two hundred and fifty dollars;  
 (j) make transitional or consequential provision as necessary or convenient 
because of the r epeal of the repealed Acts and the enactment of this Act.  
191.   Repeal  
The Registration of United Kingdom Trade Marks Act and the Merchandise Marks 
Act are hereby repealed.  
[Chapter 106 and Chapter 113 of the Revised Laws 1990 Edition. Section 191 amended by Act 
No. 50 of 2004.]  
192.   Transitional  
(1)  A trade mark that, immediately before the date of commencement of this Act, was 
registered under the Registration of United Kingdom Trade Marks Act is a registered 
trade mark for the pu rposes of this Act.  
[Chapter 113 of the Revised Laws 199 0 Edition.]  
(2)  The registration of an existing trade mark expires on the day on which it would 
have expired under the Registration of United Kingdom Trade Marks Act if this Act had 
not been repealed.  
[Chapter 113 of the Revised Laws 1990 Edition.]  
(3)  Sections 55 to 60 shall apply in relation to the renewal of the registration of an 
existing trade mark.  
(4)  (a) Subject to subsection (3), an application or request that — 
 (i) was lodged with a registrar in accordance with the Registration of 
United Kingdo m Trade Marks Act, and  
 (ii) was pending immediately before the commencement date of this Act,  
is deemed to have been filed in accordance with this Act and shall be dealt with in 
accordance with this Act;  
 (b) subject to subsection (3), the filing date in respect of an application referred 
to in subsection (1) is the day on which the application was lodged with the 
Registry of the Court or the Commerce and Intellectual Property Office, as 
the case may be, under the Registration of United Kingdom Trade Marks  
Act; 
 (c) if an application for the registration in the old register of the assignment or 
transmission of an existing registered mark was pending immediately before  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
the commencement date of this Act, this Act shall apply in relation to the 
application as if— 
 (i) it were an application under section 89 for a record of the assignment 
or transmission to be entered in the Register, and  
 (ii) that application was filed at the commencement date of this Act.  
[Chapter 113 of the Revised Laws 1990 Edition.]  
(5)  The Registrar shall continue to keep in accordance with this Act all documents 
with the address for service of the registered owner of the mark for the purposes of this 
Act until the registered owner notifies another address to the Registrar under section 1 76. 
(6)  If, immediately before the commencement date of this Act, the proprietor of an 
existing registered mark — 
 (a) had appointed an agent in Saint Vincent and the Grenadines, the business 
address of that agent is the address for service of the register ed owner for the 
purposes of this Act until the registered owner notified another address to the 
Registrar under section 176;  
 (b) had not appointed an agent in Saint Vincent and the Grenadines, and the 
address then entered in the old register as the addre ss of the proprietor was 
not an address in Saint Vincent and the Grenadines; that address is not to be 
used as the address for service of the registered owner of the mark, and the 
registered owner shall give notice in writing to the Registrar of an a ddress  in 
Saint Vincent and the Grenadines as his address for service.  
[Section 192 repealed and replaced by Act No. 50 of 2004.]  
 
CHAPTER 315  
TRADE MARKS ACT  
SUBSIDIARY LEGISLATION  
 
List of Subsidiary Legislation  
1. Trade Marks Regulations  
 
Trade Marks Regul ations  
SRO 13 of 2004  
ARRANGEMENT OF REGUL ATIONS  
PART I  
Preliminary   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
1. Citation.  
2. Commencement.  
3. Interpretation.  
PART II  
Trade Marks and Trade Mark Rights  
4. Classification of goods and se rvices.  
5. Period in which action for infring ement may be br ought.  
PART III  
Application for Registration  
6. Application for registration: pr escribed form.  
7. Applications: requirements for filing.  
8. Representation of trade marks.  
9. Specification of goods or services or both.  
10. Period for claiming priority for an application.  
11. Publication of particulars of applic ation. 
12. Mode of publication.  
13. Examination of application: report to applicant.  
14. Examination: applicant’s r esponse to report.  
15. Examination: further report to appl icant.  
16. Examin ation: additional requir ements.  
17. Periods after which applications lapse.  
18. Deferment of acceptance.  
19. Period for which acceptance is deferred.  
20. Trade marks containing certain signs.  
21. Divisional application: prescribed form.  
22. Period fo r filing divisional applic ation. 
23. Request for expedited examination of application.  
24. Expedited examinations.  
PART IV  
Opposition to Registration  
25. Time for filing notice of opposition.  
26. Extension of time for filing: grounds.  
27. Extension of  time for filing: applic ations.  
28. Extension of time for filing: grant of extension.  
29. Copy of earlier application to be available to opp onent.  
30. Opposition proceedings.  
31. Evidence in support.  
32. Notice that opponent will not rely on evidence in su pport. 
33. Failure to file.  
34. Evidence in answer.  
35. Period for service of a copy of the evidence in answer.  
36. Notice that applicants will not rely on evidence in a nswer.  
37. Failure to file.  
38. Evidence in reply to evidence in a nswer.  
39. Notice that opponents will not rely on evidence in reply to 
evidence in answer and failure to file.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
40. Hearing of opposition.  
41. Extension of period to serve evidence and service of further 
evidence.  
42. Conduct of opposition proceedings generally.  
43. Registrar to give notice of dismissal of proceedings.  
PART V  
Amendment of Application for Registr ation of a Trade  
Mark and other Documents  
44. Amendment of applications by Re gistrar.  
45. Request to amend before public ation of details.  
46. Filing o f declarations.  
47. Notification of amendments.  
PART VI  
Registration of Trade Marks  
48. Period in which a trade mark can be registered.  
49. Particulars to be entered in the Re gister.  
50. Period for request for renewal.  
51. Notice of renewal due: when and how given.  
52. Notice of renewal.  
PART VII  
Amendment and Cancellation of Registr ation 
53. Notice of cancellation.  
54. Amendment or cancellation: ma tters for the court.  
PART VIII  
Removal of Trade Mark from Register for Non -Use 
55. Applications for r emoval.  
56. Notification of applications.  
57. Notice of opposition to removal.  
58. Opposition proceedings before the Registrar.  
PART IX  
Assignment and Transmission of Trade Marks  
59. Applications for assignment to be recorded or entered.  
60. Recording  of assignment: trade marks not registered.  
61. Particulars of recorded assignment or transmission to be published.  
62. Recording of assignment of regi stered trade marks.  
63. Notice to persons recorded as clai ming right or interest in trade 
marks.  
PART  X  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
Voluntary Recording of Claims to Interests in and Rights in  
Respect of Trade Marks  
64. Amendment of particulars: claimed interests or rights.  
65. Amendment of name, address and address for service: claims not in 
the Re gister.  
66. Cancellation of part iculars: claimed interests or rights.  
PART XI  
Importation of Goods Infringing Vince ntian Trade Marks  
67. Notice of objection to importation: accompanying doc uments.  
68. Notice of objection to importation: authorised users.  
69. Period for compliance with  Com ptroller’s request for information, 
etc. 
PART XII  
Certification Trade Marks  
70. Copy of rules to be filed.  
71. Applications to vary rules.  
72. Assignment of registered certific ation trade marks.  
PART XIII  
Defensive Trade Marks  
73. Evidence in suppo rt of applications.  
PART XIV  
Administration  
74. Office business hours.  
75. Delegates of the Registrar.  
PART XV  
Miscellaneous  
DIVISION 1  
Applications and other Documents  
76. Compliance with instructions on a pproved forms.  
77. Filing of documents: requir ements as to form.  
78. Filing of documents: common r equirements.  
79. Filing of documents: treatment of non -complying doc uments.  
80. Filing of documents: date of receipt to be marked.  
81. Declarations.  
82. Declarations: additional material.  
83. Notifi cation of service.  
84. Notice of withdrawal of applic ations.  
85. Withdrawal of application: Registrar’s notice to appl icants.  
86. Change of address for service: notice to interested pe rsons.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
DIVISION 2  
Proceedings before the Registrar  
87. Applications for costs.  
88. Determination of costs.  
89. Conduct of proceedings generally.  
90. Hearings by Registrar.  
91. Dispensing with hearings.  
92. Evidence in proceedings.  
93. Documents not in English.  
94. Registrar may use information available.  
95. Statem ents of reason for decision.  
DIVISION 3  
General  
96. What fees are payable.  
97. How fees are to be paid.  
98. Notice of non -payment of fee.  
99. Refund of fees.  
100. Extension of time: application.  
101. Extension of time: notice of opposition.  
102. Extension of time: opposition proceedings.  
103. Extension of time: prescribed acts and documents.  
104. Incapacity of certain persons.  
105. Destruction of documents.  
106. Directions not otherwise presented.  
107. Requirements cannot be complied with for re asonable cause.  
108. Forms generally.  
109. General.  
First Schedule  Signs that shall not be Registered as Trade Marks  
Second Schedule  Delegates of the Registrar  
Third Schedule  Form of Documents  
Fourth Schedule  Costs, Expenses and Allowances  
Fifth Sch edule  Fees 
Sixth Schedule  Forms  
 
TRADE MARKS REGULATIONS  
In exercise of the powers conferred by section 190 of the Trade Marks Act, No. 46 of 
2003, the Minister makes the following Regulations.  
[SRO 13 of 2004.]  
[Date of commencement:  18th May , 2004.]  
PART I 
Preliminary  
1.   Citation   CAP.  315  
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These Regulations may be cited as the Trade Marks Regulations, 2004.  
2.   Commencement  
These Regulations shall come into operation on the 18th May, 2004.  
3.   Interpretation  
In these Regulations — 
“certificate of verification”  means a statement — 
 (a) that a document to which the statement r elates— 
 (i) has been translated by a person who is proficient in both the la nguage 
from which the document has been translated into English, and 
English, and  
 (ii) is a true and complete tra nslation of the accompanying document to 
the best of the knowledge of the person who signs the statement; and  
 (b) that is dated and signed by the person who translated the document,  
claimed, means an application for the registration of that trade mark in a Co nvention 
Country — 
 (aa) that was filed, at the trade marks office, or its equivalent, of that Conve ntion 
Country, before the application for which the right of priority is claimed; and  
 (bb) on which the claim for the right of priority is based;  
“Nice Classification”  means the current version of the Nice Agreement 
Concer ning the International Classification of Goods and Services for the Purposes of 
the Registration of Marks, 1957, as revised and amended or such subsequent version 
as may be made availabl e for inspe ction by the public at the Commerce and 
Intellectual Property Office;  
“principal Act”  means the Trade Marks Act;  
[Chapter 315.]  
“working day”  means a day other than Saturday, Sunday or a public holiday.  
PART II  
Trade Marks and Trade Mark Rights  
4.   Classification of goods and services  
For the purposes of section 13(3) and (4) of the principal Act, in an application for 
registration of a trade mark, the goods or services in r espect of which the trade  mark is 
sought to be registered shall be class ified in accordance with the Nice Classific ation. 
5.   Period in which action for infringement may be brought  
For the purposes of section 12(1)( b) of the principal Act, the prescribed period shall be 
two months from the day on which the authorised user of a trade mark asks the regi stered 
owner of the trade mark to bring an action for infringement of the trade mark.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
PART III  
Application for Registration  
6.   Application for registration: prescribed form  
(1)  For the purposes of section 13(2) and Parts XVIII,  XIX and XX of the principal 
Act, an application for the registration of a trade mark shall be in the form prescribed in 
Form 1 of the Sixth Schedule.  
(2)  Any material that is intended by the applicant to form part of the application for 
registration of a  trade mark — 
 (a) shall be attached to the application; and  
 (b) is taken to be part of the application.  
7.   Applications: requirements for filing  
(1)  In order for an application for registration of a trade mark to be taken to be filed, 
the application s hall— 
 (a) state that it is for registration of the trade mark, or contain a clear ind ication 
to that effect;  
 (b) include a representation of the trade mark that is su fficient to identify the 
trade mark;  
 (c) specify the goods or services or both in relat ion to which the applic ation is 
made;  
 (d) specify the name of the applicant;  
 (e) contain sufficient information to enable the Registrar to contact the appl icant; 
 (f) be accompanied by an authorisation of agent; and  
 (g) be accompanied by the prescribed fee. 
(2)  If an application does not meet one or more of the requirements referred to in 
subregulation (l)( a), (b), (c) or ( d), the Registrar shall give the applicant written notice to 
such effect.  
(3)  If a notice referred to in subregulation (2) is issue d by the Registrar and the 
application referred to in that notice meets the requirement(s) within a period of three 
months from the date of the notice, the application shall be taken to be filed on the day on 
which the requirement, or in the case of more t han one requirement, the last of them, has 
been met.  
(4)  If an application does not meet the requirements referred to in subregul ation (l)(e), 
(f) or ( g) or does not meet the requirements referred to in subregulation (2) within the 
period referred to in s ubregulation (3), the application is taken to have not been filed.  
8.   Representation of trade marks  
(1)  If practicable, the representation, of a trade mark included in an application for 
registration of the trade mark shall not exceed 8 centimetres by 8  centimetres (3 inches by 
3 inches) in size.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(2)  In an application for the registration of two or more trade marks as a series, if 
practicable, the representation of each trade mark of the series shall not exceed 8 
centimetres by 8 centimetres (3 inches b y 3 inches) in size.  
(3)  In an application for the registration of a trade mark that contains or consists of a 
three dimensional shape, the representation of the trade mark in the application shall — 
 (a) if practicable, be illustrated in a perspective tha t shows each feature of the 
trade mark; or  
 (b) otherwise, shall include such views of the trade mark as are necessary to 
show each feature of the trade mark.  
(4)  If the Registrar reasonably believes that the views of a trade mark to which 
subreg ulation ( 3)(a) or ( b) applies are not sufficient to allow all features of the trade mark to  
be properly examined, the Registrar may by notice in writing require the applicant to give 
to the Registrar up to six additional views of the trade mark that show its featur es 
sufficiently to permit proper examination of the trade mark.  
(5)  If the representation of a trade mark in an application for registration of the trade 
mark includes words of a language other than English, the applicant shall file in su pport 
of the appl ication a translation of the words into En glish. 
(6)  If the representation of a trade mark in an application for registration of the trade 
mark includes characters constituting words, being characters that are not roman le tters, 
the applicant shall file i n support of the application — 
 (a) a transliteration of the characters into roman letters, using the recognised 
system of romanisation of the characters, if any; and  
 (b) a translation of the words into English.  
(7)  If a trade mark for which registration is sought contains or consists of a sign that is 
a colour, shape, or an aspect of packaging, or any combination of those features, the 
application for registration of the trade mark shall include a concise and accurate 
descri ption of the trade mark that d etails every such feature.  
(8)  If the Registrar reasonably believes that the descri ption or representation of a trade 
mark in an application for registration of the trade mark does not — 
 (a) demonstrate the nature of the trade mark suff iciently; or  
 (b) show each feature of the trade mark sufficiently,  
to permit proper examination of the trade mark, the Registrar may require the appl icant to 
give to the Registrar a description, or further description, of the trade mark and a 
specimen of the trade mark.  
(9)  If the representation of a single trade mark exceeds, or the representations of the 
trade marks in a series of trade marks together exceed 8 centimetres by 8 centim etres (3 
inches by 3 inches), the representation or represent ations — 
 (a) shall be attached  to the application for registration of the trade mark or trade 
marks; and  
 (b) shall be taken to be part of the application.  
(10)  The representation of a trade mark in an application for registration of the trade 
mark shall be of a kind and quality that — 
 (a) ensures that the features of the trade mark will be preserved in the course of 
time; and   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (b) is suitable for reproduction.  
9.   Specification of goods or services or both  
(1)  For the purposes of section 13(3) of the principal Act, in specifying in an 
applic ation for registration of a trade mark the goods or services or both in respect of 
which re gistration is sought — 
 (a) the expression “all goods”, “all services”, “all other goods”, or “all other 
services” shall not be used;  
 (b) the goods or servi ces or both shall be grouped according to the appr opriate 
classes as detailed in the Nice Classification;  
 (c) the applicant shall nominate the class number that is appropriate to the goods 
or services in each group;  
 (d) the groups shall be listed in the order of their class numbers; and  
 (e) the goods or services or both shall, as far as practicable, be specified in terms 
appearing in the listing of goods and services published by the World 
Intellectual Property Organisation in the Nice Classification and  made 
available for inspection by the public at the Commerce and Intellectual 
Property O ffice. 
(2)  If any of the goods or services or both cannot be specified using terms referred to 
in subregulation (1)( e), the applicant shall provide sufficient informat ion to enable the 
Registrar to decide the classification of the goods or se rvices or both.  
10.   Period for claiming priority for an application  
(1)  For the purposes of section 15(1) of the principal Act, an applicant shall claim a 
right of priority for a n application by filing notice of the claim.  
(2)  Any notice under subregulation (1) shall specify, in respect of the earlier 
applic ation or, if there is more than one earlier application, in respect each earlier 
applic ation— 
 (a) the Convention country in  which the earlier applic ation was filed at the trade 
marks office, or its equivalent, of that Convention country; and  
 (b) the date on which the earlier application was filed; and  
 (c) if a number is allocated to the earlier application in the trade marks  office, or 
its equivalent, of that Convention country, that number.  
(3)  If, as a result of a claim for a right of priority, more than one priority date applies 
in relation to an applic ation, a person who claims a right of priority under section 15(1) of 
the principal Act shall specify the goods or services or both to which each prio rity date 
relates.  
11.   Publication of particulars of application  
For the purposes of section 16(1)( a) of the principal Act, the Registrar shall publish 
the following particul ars of the application — 
 (a) if a number has been allocated to the application in the Commerce and 
Intellectual  Property O ffice, the number;  
 (b) the applicant’s name;   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (c) the date of filing the application;  
 (d) if the application is a divisional applica tion, particulars of the initial 
application;  
 (e) particulars of any claim for a right of priority for the application;  
 (f) the class number or numbers for the goods or services or both in respect of 
which registration of the trade mark is sought.  
12.   Mode of publication  
Any matter required to be advertised or published pursuant to a provision of the 
principal Act shall be adve rtised or published by one or more of the following means — 
 (a) in the Gazette ; 
 (b) in a journal issued by the Commerce and Int ellectual Property Office;  
 (c) in an electronic publication made available by the Commerce and 
Intelle ctual Property Office.  
13.   Examination of application: report to applicant  
(1)  For the purposes of section 16(1)( b) of the principal Act, if in the co urse of an 
examination of an appl ication the Registrar reasonably believes that — 
 (a) the application has not been made in accordance with the principal Act or 
these Regulations; or  
 (b) there are grounds under Part III of the Act for rejecting it,  
the Reg istrar shall report that belief in wri ting to the applicant.  
(2)  A report under subregulation (1) shall include notice of the date on which the 
application will lapse if it is not accepted earlier.  
(3)  If the Registrar reasonably suspects that the provis ions of section 13(1)( b) of the 
principal Act do not apply in relation to all of the goods or services or both spec ified in an 
application for registration of a trade mark, the Registrar may require the applicant to 
make a declaration to the Re gistrar that  those provisions apply to all of those goods or 
services or both.  
14.   Examination: applicant’s response to report  
(1)  An applicant may respond in writing to the Registrar’s report under regulation 13.  
(2)  The response may — 
 (a) contest a belief of the  Registrar that is expressed in the report;  
 (b) contest another matter that is mentioned in the report;  
 (c) provide further documents or evidence in support of the application;  
 (d) request that the application be amended in accordance with the princ ipal Act. 
15.   Examination: further report to applicant  
(1)  On receipt of a response under regulation 14, the Registrar shall consider the 
response.  
(2)  If the Registrar continues to believe that —  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (a) the application has not been made in accordance with th e principal Act or 
these Regulations; or  
 (b) there are grounds under Part III of the principal Act for rejecting it,  
the Registrar shall report that belief in writing to the a pplicant.  
(3)  Unless acceptance of an application is deferred, a report under s ubregulation (2) in 
relation to that application shall include notice of the date on which the a pplication will 
lapse if it is not accepted earlier.  
16.   Examination: additional requirements  
(1)  In the course of an examination of an application for which  a right of priority is 
claimed, the Registrar may, in writing, require the applicant to file — 
 (a) a copy of any earlier application certified in the trade marks office, or its 
equivalent, of the Conve ntion country in which it was filed; and  
 (b) if the e arlier application is not in English — 
 (i) a translation of the earlier application into English, and  
 (ii) a certificate of verification relating to the translation.  
(2)  If the applicant is the successor in title to the person who made the earlier 
applic ation, the Registrar may, in writing, require the applicant to file documentary 
evidence that is sufficient to establish the passing of title to the appl icant.  
17.   Periods after which applications lapse  
(1)  For the purposes of section 19 of the principa l Act, the prescribed period for an 
application in respect of which a report is made under regulation 13 is — 
 (a) except as provided by paragraph ( b), twelve months from the date of that 
report whether or not a further report is made under regulation 15; o r 
 (b) if a further report raises grounds under Part III of the principal Act for 
rejecting the application that were not raised in the report made under 
regulation  13, twelve months from the date of the fu rther report.  
(2)  In determining the period of tw elve months for the purposes of 
subregul ation (1)(a) or ( b) in relation to an application, no account is to be taken of a 
period in which acce ptance of the application is deferred under regulation 18.  
(3)  An applicant may, before the end of a period presc ribed in subregulation (1), or 
that period as extended under section 185 of the principal Act or as a result of a prev ious 
application of subregulation (4), request the Registrar in writing to extend the period.  
(4)  The Registrar shall, in accordance with  a request made under subregulation (3), 
extend a period, unless — 
 (a) the period; or  
 (b) that period as extended under section 185 of the principal Act or as a result 
of a previous appl ication of this subregulation,  
would be extended for more than six mo nths after the end of the relevant period 
prescribed in subregulation (1).  
18.   Deferment of acceptance   CAP.  315  
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(1)  The Registrar may, at the request of the applicant in writing, defer acceptance of 
an application for registration of a trade mark, if — 
 (a) the request is made within a period prescribed in reg ulation 17(1);  
 (b) the Registrar reasonably believes that there are grounds for rejecting the 
application under section 26(1) or (2) of the principal Act because of a nother 
trade mark — 
 (i) that is registere d by another person, or  
 (ii) in respect of which an application for registration has been made by 
another person; and  
 (c) the applicant — 
 (i) is a waiting the finalisation of proceedings in respect of the 
applic ation for registration of the other trade m ark, 
 (ii) is seeking to satisfy the Registrar as to a matter mentioned in 
section 26(3)( a) or ( b) of the Act or as to the matters mentioned in 
section 26(4) of the principal Act in relation to the applicant’s trade 
mark and the other trade mark,  
 (iii) has filed an application under section 72 of the principal Act, in 
respect of the other trade mark and is awaiting the finalisation of 
proceedings in respect of that application,  
 (iv) has begun proceedings to have the Register rectified in respect of the 
other trade mark and the proceedings have not been determined or 
otherwise disposed of, or  
 (v) is awaiting renewal of the registration of the other trade mark in the 
period of twelve months after registration of the other trade mark has 
expired, or r emoval of the other trade mark from the Register.  
(2)  The Registrar may, on his own initiative, defer a cceptance of the application 
within a period that is pr escribed in regulation 17(1) or that is extended under section 185 
of the principal Act or regulation 17 (4), if — 
 (a) the time within which proceedings mentioned in paragraph ( b) may be 
begun, or an application mentioned in paragraph ( c) may be made, has not 
ended;  
 (b) appeal proceedings under a provision of the Act have begun in a court in 
relation to the application; or  
 (c) the Registrar is informed in writing that the applicant has died.  
(3)  The Registrar shall notify an applicant in wri ting— 
 (a) if the applicant requests the Registrar to defer acce ptance of an application, 
of the Registrar’s decision to defer, or not to defer, acceptance of the 
application; and  
 (b) if the Registrar otherwise defers acceptance of an application, of the 
provision under which a cceptance of the application is deferred.  
19.   Period for which acceptance is deferred  
(1)  The period for which acceptance of an application is deferred (in this regulation 
called “the deferment period”) begins immediately after the date of the notice of 
deferment issued under regulation 18(3).   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(2)  The deferment period ends — 
 (a) when the applica tion is withdrawn;  
 (b) if paragraph ( a) does not apply, when the Registrar is reasonably satisfied 
that there are no longer grounds for rejecting the application under 
section 26(1) or (2) of the principal Act; or  
 (c) if paragraphs ( a) and ( b) do not app ly, in accordance with subregul ation (3). 
(3)  For the purposes of subregulation (2)( c), the d eferment period ends — 
 (a) if acceptance is deferred because of regulation 18(1)( c)(i), when procee dings 
relating to the registration of the other trade mark are finalised;  
 (b) if acceptance is deferred because of regulation 18(1)( c)(ii), at the end of six 
months from the date of the notice of deferment;  
 (c) if acceptance is deferred because of regulation 18(1)( c)(iii), when 
procee dings under Part XII of the prin cipal Act in respect of the other trade 
mark are finalised;  
 (d) if acceptance is deferred because of regulation 18(1)( c)(iv), when the 
proceedings to have the Register rectified in respect of the other trade mark 
are dete rmined or otherwise disposed of;  
 (e) if acceptance is deferred because of regulation 18(1)( c)(v), when the 
registration of the other trade mark is renewed or the other trade mark is 
removed from the Register;  
 (f) if acceptance is deferred because of regulation 18(2)( a), at the end of two  
months after the b eginning of the period in which — 
 (i) proceedings mentioned in regulation 18(2)( b) may be b egun, or  
 (ii) an application mentioned in regulation 18(2)( c) may be made;  
 (g) if acceptance is deferred because of regulation 18(2)( b), at the end of — 
 (i) three months after the determination, or other disposal, of the 
proceedings or review, or  
 (ii) such time as the court to which any appeal is brought a llows,  
 (iii) if acceptance is deferred because of regulation 18(2)( c), at the end of a 
period after the death of the applicant that the Registrar reason ably 
regards as sufficient in the ci rcumstances.  
(4)  If acceptance of an application is deferred as a result of the operation of more than 
one of the provisions of regulation 18(1)( c) and (2), t he deferment p eriod ends in 
accordance with the relevant provision of subregulation (3) under which the d eferment 
period ends later or last, as the case requires.  
(5)  The Registrar shall notify the applicant in writing of — 
 (a) the end of a period of defe rment; and  
 (b) if acceptance is deferred under regulation 18(1), the last day of the relevant 
period prescribed by regulation 17(l)( a) or ( b). 
20.   Trade marks containing certain signs  
(1)  For the purposes of section 21(1) of the principal Act, the sign s in the First 
Sche dule are prescribed.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(2)  A list of the marks mentioned in the First Schedule shall be available at the 
Commerce and Intellectual Property Office.  
21.   Divisional application: prescribed form  
For the purposes of section 27 of the princi pal Act a divisional application shall be in 
the form prescribed in Form 3 of the Sixth Schedule.  
22.   Period for filing divisional application  
(1)  For the purposes of section 28 of the principal Act, the period in relation to a 
divisional application fo r the registration of part of a trade mark is six months a fter filing 
the initial application for the registration of the trade mark.  
(2)  For the purposes of section 30(2) and (4) of the principal Act, the period in 
relation to a divisional applic ation fo r the registration of the trade mark in respect of 
goods or services or both excluded from the initial application is one month from the date 
of the n otice of the amendment of the initial application for the registration of the trade 
mark given under regul ation 45.  
23.   Request for expedited examination of application  
(1)  A person who applies, or has applied, for the registration of a trade mark — 
 (a) may request in writing expedited examination of the application; and  
 (b) shall include with the request a declaration stating the reasons for the r equest. 
(2)  As soon as practicable after making a decision in relation to a request, the 
Regi strar shall give written notice of the decision to the person who made the request.  
24.   Expedited examinations  
(1)  The Registrar shall, to the extent that is practicable, examine applications for the 
registration of trade marks in relation to which requests under regulation 23 are granted — 
 (a) in the order in which the requests are filed; and  
 (b) before examination of  an application for registration of a trade mark in 
relation to which — 
 (i) a request under regulation 23 is not made, or  
 (ii) a request made under that regulation is not granted.  
(2)  In the absence of a request for expedited examination of an applicatio n for 
registration of a trade mark, the Registrar may expedite examination of the application if 
he or she reasonably believes that expedited examination is warranted.  
(3)  The relationship of an application mentioned in subregulation (2) to another 
applic ation for registration of a trade mark is a relevant circumstance for the pu rposes of 
that subregulation.  
PART IV  
Opposition to Registration  
25.   Time for filing notice of opposition   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(1)  For the purposes of section 33(2) of the principal Act, the period for filing a notice 
of opposition is three months from the day on which the acceptance of the applic ation is 
advertised.  
(2)  For the purposes of section 33(2) of the principal Act a notice of opposition shall 
be in the form prescribed in Form 4 of the Six th Schedule.  
(3)  The opponent shall within two days after the service of the copy of the notice of 
opposition on the applicant file a statement setting out the date, place and manner of 
service on the applicant.  
26.   Extension of time for filing: grounds  
(1)  A person may apply to the Registrar for an extension of time in which to file a 
notice of opposition.  
(2)  An application for an extension of time may be made within the period for filing a 
notice of opposition referred to in regulation 25 on one, or  more than one, of the 
follo wing grounds, and on no other ground — 
 (a) an error or omission by a member of staff of the Commerce and Intellectual 
Property Office;  
 (b) an error or omission by the person applying for the extension of time, or by 
the person’ s agent;  
 (c) circumstances beyond the control of the person applying for the exte nsion of 
time;  
 (d) the conduct of genuine negotiations between the person desirous of oppo sing 
the application and the applicant for registration;  
 (e) the undertaking of ge nuine research to decide — 
 (i) whether opposition is justified, or  
 (ii) on the grounds of opposition.  
(3)  If the period for filing a notice of opposition has ended, an application for 
extension of time may be made at any time before the trade mark is reg istered on one or 
more than one, of the grounds set out in subregulation (2)( a), (b) or ( c), and on no other 
ground.  
27.   Extension of time for filing: applications  
An application for an extension of time in which to file a notice of opposition shall — 
 (a) be in writing; and  
 (b) be accompanied by a declaration stating — 
 (i) the facts on which the grounds specified in the application are based, 
and 
 (ii) if the period for filing a notice of opposition has ended, the reason 
why the application was not made before the end of that period.  
28.   Extension of time for filing: grant of extension  
(1)  Subject to subregulations (2) and (4), if the Registrar is reasonably satisfied as to 
the grounds set out in an application for an extension of time to file a notice  of 
oppos ition, the Registrar shall grant the extension of time.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(2)  The Registrar shall not grant the extension of time, unless the Registrar — 
 (a) is reasonably satisfied that the person applying for the extension of time has 
served a copy of the applic ation, and the accompanying declar ation, on the 
applicant for registration of the trade mark; and  
 (b) has given to both the person applying for the extension of time and the 
applicant for registration of the trade mark a reasonable opportunity to make 
representations concerning the applic ation for extension of time.  
(3)  For the purposes of subregulation (2)( b), the representations may be made in 
writing or at a hearing or by such other means as the Registrar reasonably allows.  
(4)  If an application for e xtension of time is made after the period for filing a notice 
of opposition has ended, the Registrar shall not grant the extension unless the Re gistrar is 
reasonably satisfied that there is sufficient reason for the application not being made 
before the en d of that p eriod. 
(5)  An extension of time shall be for such period — 
 (a) in the case of an extension of time that is granted on a ground set out in 
regulation 26(2)( a), (b) or ( c), as the Registrar believes is reasonable; or  
 (b) in the case of an extens ion of time that is granted on a ground set out in 
regulation 26(2)( d) or ( e), not exceeding three months as the Registrar 
believes is reaso nable.  
29.   Copy of earlier application to be available to opp onent  
(1)  In opposition proceedings relating to an a pplication in respect of which the 
applicant claims a right of priority, an opponent may in writing ask the Registrar for a 
copy of an earlier application to be made available.  
(2)  On receipt of a request under subregulation (1), the Registrar shall requi re in 
writing the applicant to file — 
 (a) a copy of the earlier application certified in the trade marks office, or its 
equivalent, of the Conve ntion country in which it was filed; and  
 (b) if the earlier application is not in English — 
 (i) a translation o f the earlier application into English, and  
 (ii) a certificate of verification relating to the translation.  
(3)  If the applicant is the successor in title to the person who made the earlier 
applic ation, the Registrar may require in writing the applicant to provide documentary 
evidence that is sufficient to establish the passing of title to the appl icant.  
(4)  Subregulation (2) does not apply if the applicant has already filed the doc uments 
mentioned in that subregulation.  
(5)  The Registrar shall send a c opy of the documents mentioned in subregulation (2) 
to the opponent.  
30.   Opposition proceedings  
For the purposes of section 35(2) of the principal Act, regulations 31 to 41 set out the 
procedure to be followed in dealing with an opposition after a notice  of opposition is 
filed.   CAP.  315  
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31.   Evidence in support  
(1)  If the opponent intends to rely on evidence in support of the opposition, the 
opponent shall serve a copy of the evidence in support on the applicant within three 
months from the day on which the noti ce of opposition is filed.  
(2)  Within two days after the opponent serves a copy of the evidence in support on 
the applicant, the opponent shall file with the Registrar — 
 (a) the original evidence; and  
 (b) a statement setting out the date, place and manne r of service of the copy of 
the evidence on the a pplicant.  
32.   Notice that opponent will not rely on evidence in su pport 
(1)  If the opponent does not intend to rely on evidence in support of the opposition, 
the opponent shall, within three months from t he day on which the notice of oppos ition is 
filed, serve on the applicant a copy of a notice stating that the opponent does not intend to 
rely on evidence in support of the opposition.  
(2)  As soon as practicable after the opponent serves a copy of the not ice on the 
applicant, the opponent shall file with the Registrar — 
 (a) the original notice; and  
 (b) a statement setting out the date, place and manner of service of the copy of 
the notice on the appl icant.  
33.   Failure to file  
If the opponent does not fi le evidence in support under regulation 31 or the notice 
under regulation 32 or a pply for extension to do so, the opponent shall be deemed to have 
abandoned his or her opposition.  
34.   Evidence in answer  
(1)  If the applicant intends to rely on evidence i n answer to the opposition, the 
applicant shall serve a copy of the evidence in answer on the opponent within the p eriod 
for service of a copy of that evidence under regulation 35.  
(2)  Within two days after the applicant serves a copy of the evidence in a nswer on the 
opponent, the applicant shall file with the Registrar — 
 (a) the original evidence; and  
 (b) a statement setting out the date, place and manner of service of the copy of 
the evidence on the o pponent.  
35.   Period for service of a copy of the ev idence in answer  
If the opponent complies with regulations 31 and 32, the period for service of a copy 
of the evidence in answer to the opposition is three months from the day on which the 
opponent serves on the applicant — 
 (a) the copy of the evidence in support referred to in regulation 31(1); or  
 (b) the copy of the notice referred to in regulation 32(1).  
36.   Notice that applicants will not rely on evidence in answer   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(1)  If an applicant does not intend to rely on evidence in answer to the opposition, the 
applicant shall serve on the opponent, within the period for service of a copy of the 
evidence in answer, a copy of a notice stating that the applicant does not intend to rely on 
evidence in a nswer to the opposition.  
(2)  Within two days after the appl icant serves a copy of the notice on the opponent, 
the applicant shall file with the Registrar — 
 (a) the original notice; and  
 (b) a statement setting out the date, place and manner of service of the copy of 
the notice on the opp onent.  
37.   Failure to fil e 
If the applicant does not file evidence in answer under regulation 34 or the notice 
under regulation 36 or a pply for extension of time to do so, he shall be deemed to have 
abandoned his application.  
38.   Evidence in reply to evidence in answer  
(1)  If an opponent intends to rely on evidence in reply to the evidence in answer to the 
opposition, the o pponent shall serve a copy of the evidence in reply on the applicant within 
three months after the service on the opponent of a copy of the evidence in a nswer. 
(2)  Within two days after the opponent serves a copy of the evidence in reply on the 
applicant, the opponent shall file with the Registrar — 
 (a) the original evidence; and  
 (b) a statement setting out the date, place and manner of service of the copy of  
the evidence on the a pplicant.  
(3)  This evidence shall be strictly confined to matters in reply to the original 
evidence.  
39.   Notice that opponents will not rely on evidence in r eply to evidence in answer 
and failure to file  
(1)  If an opponent does no t intend to rely on evidence in reply to the original ev idence 
in answer to the opposition, the opponent shall serve on the appl icant, within three 
months after the service on the opponent of a copy of the evidence in answer, a copy of a 
notice stating tha t the opponent does not intend to rely on ev idence in reply in answer to 
the opposition.  
(2)  Within two days after the opponent serves a copy of the notice on the applicant, 
the opponent shall file with the Registrar — 
 (a) the original notice; and  
 (b) a statement setting out the date, place and manner of service of the copy of 
the notice on the appl icant.  
(3)  If the opponent does not file evidence in reply to evidence in answer under 
regulation 38 or the notice under subregulation (1) or apply for extens ion to do so, the 
evidence shall be deemed closed and opposition proceedings follow the normal course.  
40.   Hearing of opposition   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(1)  Upon completion of the evidence, the applicant or opponent may ask the Regi strar 
to hear the parties to the opposition p roceedings.  
(2)  The Registrar shall comply with a request made in accordance with subregulation  (1). 
(3) If an applicant or opponent in opposition proceedings may make a request to the 
Registrar under subregulation (1) and the request is not made, the Reg istrar may, on his 
own initiative, give an opportunity to the parties to the opposition proceedings to be heard 
in relation to those proceedings.  
(4)  The Registrar shall give notice to the parties of a date when he will hear 
arguments in the opposition pr oceedings.  
(5)  The date under subregulation (4) shall be a date at least fourteen days after the 
date of the notice unless the parties consent to a shorter notice.  
(6)  Within seven days from the receipt of the notice any party who intends to appear 
shall  so notify the Registrar in the form prescribed in Form 5 of the Sixth Schedule.  
(7)  A party who receives notice as mentioned above and who does not, within seven 
days from receipt thereof, notify the Registrar in accordance with subregulation (6) may 
be treated as not desiring to be heard and the Registrar may act accordingly.  
41.   Extension of period to serve evidence and service of fu rther evidence  
(1)  A party to the opposition proceedings may apply to the Registrar — 
 (a) for an extension of the perio d for serving a copy of the evidence under 
regulation 31, 35 or 38; or  
 (b) for permission to serve a copy of further evidence on the other party.  
(2)  The Registrar may grant an application on reasonable terms specified by the 
Registrar.  
(3)  The Registra r shall not grant an application unless the Registrar — 
 (a) is reasonably satisfied that the applicant has served a copy of the applic ation, 
and of any doc uments accompanying the application, on the other party;  
 (b) has given the parties a reasonable oppo rtunity to make representations 
concerning the applic ation; and  
 (c) is reasonably satisfied that — 
 (i) in the case of an application to which subregulation (1)( a) applies, the 
extension of the period for serving a copy of the evidence,  
 (ii) in the case o f an application to which subregulation (1)( b) applies, 
permission to serve a copy of further evidence,  
is appropriate.  
(4)  For the purposes of subregulation (3)( b), the representations may be made in 
writing or at a hearing or by such other means as the Registrar reasonably allows.  
(5)  If the Registrar grants an application under subregulation (1)( b) on terms that 
include service of a copy of the further evidence within a specified period, a party to the 
opposition proceedings may apply to the Registrar for an extension of that period.  
(6)  Subregulations (2), (3) and (4) apply to an applic ation under subregulation (5).  
42.   Conduct of opposition proceedings generally   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(1)  The Registrar may, at the request of a party to the opposition proceedings or on t he 
initiative of the Registrar, give a direction in relation to the procedure in the procee dings. 
(2)  A direction given under subregulation (1) shall not be inconsistent with these 
Regulations.  
(3)  The Registrar shall not give a direction unless the Regi strar— 
 (a) is reasonably satisfied that parties to the proceedings have been notified of 
the proposed direction;  
 (b) has given the parties a reasonable opportunity to make representations 
concerning the proposed direction; and  
 (c) is reasonably satisfie d that the proposed direction is appropriate.  
(4)  For the purposes of subregulation (3)( b), the representations may be made in 
writing or at a hearing or by such other means as the Registrar reasonably allows.  
43.   Registrar to give notice of dismissal o f proceedings  
If opposition proceedings are dismissed under section 183 of the principal Act, or 
discontinued, the Registrar shall notify the parties in writing that the opposition 
proceedings have been dismissed or discontinued.  
PART V  
Amendment of Applic ation for Registr ation of a Trade  
Mark and other Documents  
44.   Amendment of applications by Registrar  
(1)  For the purposes of section 43(2) of the principal Act, if the Registrar proposes to 
amend an application for the registration of a trade mark, th e Registrar shall give n otice in 
writing to the applicant — 
 (a) setting out the proposed amendment and the reason for making the 
amendment; and  
 (b) stating that the proposed amendment will be made at the end of a reaso nable 
period stated in the notice, un less the applicant objects to the amen dment 
within that period.  
(2)  If an applicant objects to an amendment proposed by the Registrar within the 
period mentioned in subregulation (1)( b), the Registrar shall not make the amen dment 
unless the objection is w ithdrawn.  
45.   Request to amend before publication of details  
For the purposes of section 44( b) of the principal Act, the period for requesting an 
amendment is fourteen days after filing the application for the registration of the trade 
mark.  
46.   Filing  of declarations  
If a person requests an amendment under section 44 or 46( a) of the principal Act, the 
Registrar may require the applicant to file a declaration stating —  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (a) that a clerical error or obvious mistake was made in the application; and  
 (b) the circumstances in which the error or mistake was made.  
47.   Notification of amendments  
If the Registrar amends an application, notice or document under Part VIII of the 
principal Act, the Registrar shall give notice in writing of the amendment to — 
 (a) the person who requested the amendment; and  
 (b) any other person that the Registrar thinks appropr iate. 
PART VI  
Registration of Trade Marks  
48.   Period in which a trade mark can be registered  
(1)  For the purposes of section 48(1) of the principal Act, th e period for the 
registr ation of a trade mark that has been accepted for registration is — 
 (a) except if paragraph ( b) applies, the period from the beginning of the day on 
which the acceptance is advertised to the end of — 
 (i) the day that is four months a fter that day, or  
 (ii) if a later day is specified under subregulation (2) or (3), the day 
specified in that subregulation; and  
 (b) in the case of the death of an applicant for registr ation of the trade mark, 
within six months of the date of death or wit hin such further period as the 
Registrar reasonably allows.  
(2)  If— 
 (a) proceedings in relation to the registration of the trade mark before the High 
Court are not dete rmined or otherwise disposed of; and  
 (b) the High Court is satisfied that the registr ation of the trade mark cannot take 
place on or before the first -mentioned day in subregulation (1)( a)(i), 
the High Court may specify for the purposes of subregulation (1)( a)(ii) a day that is later 
than the first -mentioned day in subregulation (1)( a)(i). 
(3)  If— 
 (a) proceedings in relation to the registration of the trade mark are before the 
Regi strar; and  
 (b) the Registrar is reasonably satisfied that — 
 (i) the registration of the trade mark cannot take place on or before the 
first-mentioned day in sub regulation (1)( a)(i); and  
 (ii) it is appropriate to do so,  
the Registrar may specify, for the purposes of subregulation (1)( a)(ii), a day that is later 
than the first -mentioned day in subregulation (1)( a)(i). 
49.   Particulars to be entered in the Registe r  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
For the purposes of section 49(2)( c) of the principal Act, the following other 
partic ulars of a trade mark shall be entered in the Register — 
 (a) if the trade mark is registered as a certification trade mark, a collective trade 
mark or a defensive trade mark, an indication to that effect;  
 (b) the date of the registration;  
 (c) the date on which the particulars of the registration are entered in the 
Register u nder section 49(1) of the principal Act;  
 (d) the particulars of any right of priority claimed un der section 15 of the 
principal Act;  
 (e) the filing date of the initial application on which any divisional applic ation 
based;  
 (f) any number allocated to the initial application for regi stration of the trade 
mark;  
 (g) the class numbers of the goods or services or both in respect of which the 
trade mark is registered;  
 (h) the address of the owner of the trade mark;  
 (i) the name and address of the authorised agent;  
 (j) any other particulars relating to the trade mark that the Registrar reasonably 
belie ves to be appropr iate. 
50.   Period for request for renewal  
(1)  For the purposes of section 55 of the principal Act, the period within which a pe rson 
may request the Registrar to renew the registration of a trade mark is six months en ding 
on the day on wh ich the registration of the trade mark expires.  
(2)  A request for renewal pursuant to section 55 shall be as prescribed in Form 7 of 
the Sixth Schedule.  
51.   Notice of renewal due: when and how given  
(1)  For the purposes of section 56 of the Act, the pe riod in relation to notifying a 
registered owner that renewal of the registration of a trade mark is due is within three 
months en ding on the day on which the registration of the trade mark expires.  
(2)  A notice that the renewal is due shall include — 
 (a) a statement of the date on which the registration of the trade mark will 
expire; and  
 (b) a statement of any fee payable.  
52.   Notice of renewal  
For the purposes of section 57(2) of the principal Act, a notice of the renewal of the 
registration of a trad e mark shall include — 
 (a) a statement that the registration is renewed; and  
 (b) the period for which it is renewed.  
PART VII   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
Amendment and Cancellation of Registr ation 
53.   Notice of cancellation  
(1)  The Registrar shall, after receiving a request from the owner of a registered trade 
mark under se ction 64(1) of the principal Act, cancel registration of the trade mark if the 
Registrar is not obliged under section 64(2) of the principal Act to notify a person.  
(2)  If the Registrar is required to notify a person under section 64(2) of the principal 
Act, the notice shall state that unless — 
 (a) the request from the owner is sooner withdrawn; or  
 (b) a court determines that the Registrar shall not cancel registration of the trade 
mark,  
the Registrar will canc el the trade mark at the end of a period of two months from the 
date of the notice.  
(3)  If— 
 (a) before the end of the period of two months, each person who is notified 
advises the Registrar in writing that the person does not object to 
cancell ation of re gistration of the trade mark, the Registrar shall cancel 
registration of the trade mark; or  
 (b) paragraph ( a) does not apply, the Registrar shall ca ncel registration of the 
trade mark after the end of that period,  
unless the request from the owner is with drawn or a court determines otherwise.  
54.   Amendment or cancellation: matters for the court  
For the purposes of section 69(2)( a) of the principal Act, the High Court, in making a 
decision under section 69(1) of the principal Act on an application for rec tification of the 
Register, shall take into account the following matters, so far as they are relevant — 
 (a) the extent to which the public interest will be affected if registration of the 
trade mark is not ca ncelled;  
 (b) whether any circumstances that ga ve rise to the a pplication have ceased to 
exist;  
 (c) the extent to which the trade mark distinguished the relevant goods or 
services or both before the circumstances giving rise to the application arose;  
 (d) whether there is any order or other remedy, ot her than an order for 
rectif ication, that would be ad equate in the circumstances.  
PART VIII  
Removal of Trade Mark from Register for Non -Use 
55.   Applications for removal  
For the purposes of section 72(2)( a) of the principal Act, an application for the 
removal of a trade mark from the Register — 
 (a) shall be in the form prescribed in Form 9 of the Sixth Schedule; and   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (b) shall be accompanied by a declaration made by, or on behalf of, the 
applicant— 
 (i) stating that an inquiry into the use of the trade mar k has been 
conducted by, or on b ehalf of, the applicant, and  
 (ii) setting out the findings of that inquiry that support either or both of 
the grounds for the applic ation referred to in section 72(4) of the 
principal Act.  
56.   Notification of applications  
(1)  For the purposes of section 75(1) of the principal Act, the Registrar shall give 
notice of an application under section 72 of the principal Act within one month after the 
application is filed in accordance with these Regulations.  
(2)  The notice shal l be given by sending a copy of the application, and the 
accomp anying declaration to each person who, in the opinion of the Registrar, needs to 
know that the application has been filed.  
57.   Notice of opposition to removal  
(1)  For the purposes of section  76(2) of the principal Act, a notice of opposition to an 
application under section 72 of the principal Act shall be in the form pr escribed in Form 4 
of the Sixth Schedule and shall be filed with the Registrar within three months from the 
day on which the application is advertised.  
(2)  The opponent shall serve a copy of the notice of opposition on the applicant as 
soon as practicable after the notice is filed.  
58.   Opposition proceedings before the Registrar  
(1)  For the purposes of section 79 of the prin cipal Act, regulations 31 to 41 inclusive 
apply, subject to subregulations (2) and (3), to an opposition to an application under 
section 72 of the principal Act.  
(2)  The Registrar shall, if asked to do so by the opponent within the period for ser ving— 
 (a) a copy of the evidence in support under regulation 31(1); or  
 (b) a copy of the notice under regulation 32(1),  
hear the parties to the opposition pr oceedings.  
(3)  If the opponent — 
 (a) does not serve a copy of the evidence in support in accordance with 
regul ation 31(1);  
 (b) serves a copy of a notice under regulation 32(1); or  
 (c) does not serve a copy of that notice within the time allowed in subregul ation 
31(1) or 32(1), as the case may be,  
and the opponent does not request a hearing under subregulati on (2), the opposition 
proceedings are taken to have ended, but are not taken to have been discontinued or 
dismissed.  
(4)  If— 
 (a) under subregulation (3) opposition proceedings are taken to have ended but 
are not taken to have been discontinued or dismis sed; and   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (b) the Registrar is satisfied that the grounds on which the opposed application 
were made have been e stablished,  
the Registrar shall determine the application in accordance with section 81 of the 
princ ipal Act.  
PART IX  
Assignment and Transmissio n of Trade Marks  
59.   Applications for assignment to be recorded or entered  
For the purposes of sections 87 and 89 of the principal Act, the following doc uments 
are prescribed — 
 (a) a document that establishes the title to a trade mark of the assignee, or  of the 
person to whom the trade mark has been transmitted; or  
 (b) evidence of the assignment or transmission of a regi stered certification trade 
mark; and  
 (c) Form 10 of the Sixth Schedule.  
60.   Recording of assignment: trade marks not registered  
(1)  For the purposes of section 88(1)( a) of the principal Act, the Registrar shall r ecord 
particulars of the assignment or transmission of a trade mark in accordance with this 
regulation unless — 
 (a) the application to assign or transmit the trade mark is with drawn; or  
 (b) a court determines otherwise.  
(2)  If there is no record made under Part XIV of the principal Act of a person 
claiming an interest in, or a right in respect of, the trade mark, the Registrar shall record 
the particulars after ascertaining th at a claim has not been r ecorded.  
(3)  If— 
 (a) there is a record made under Part XIV of the principal Act of a person, or 
persons, claiming an inte rest in, or a right in respect of, the trade mark;  
 (b) the Registrar has notified that person, or each of t hose persons, under 
regulation 63(1); and  
 (c) that person or each of those persons has, within the period of two months 
from the date of the notice mentioned in paragraph ( b), given written notice 
to the Registrar consenting to the assig nment or transmiss ion, 
the Registrar shall record the particulars after the Regi strar has received the last notice 
consenting to the assignment or transmission.  
(4)  If— 
 (a) subregulation (3)( a) and ( b) apply; and  
 (b) the person, or any of the persons, notified by the Reg istrar under 
regul ation 63(1) has not consented in writing to the assignment or 
transmi ssion of the trade mark within the period of two months from the date 
of the notice,   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
the Registrar shall record the particulars as soon as practicable after the end of t hat p eriod. 
61.   Particulars of recorded assignment or transmission to be published  
For the purposes of section 88(1)( b) of the principal Act — 
 (a) the following particulars of an assignment or tran smission of a trade mark 
for which registration is sought  shall be published — 
 (i) if a number has been allocated in the Commerce and I ntellectual 
Property Office to the application for registration of the trade mark, 
the number,  
 (ii) the name of the person to whom the trade mark is recorded as ha ving 
been assi gned or transmitted,  
 (iii) the day on which the particulars of the assignment or transmission 
were recorded; and  
 (b) if details of an application for registration of the trade mark have been 
published in a way described in regulation 12, the particular o f the 
assig nment or transmission mentioned in paragraph ( a) shall be published in 
the same way.  
62.   Recording of assignment of registered trade marks  
(1)  For the purposes of section 90(1)( a) of the principal Act, the Registrar shall r ecord 
particulars o f the assignment or transmission of a trade mark in accordance with this 
regulation, unless — 
 (a) the application to assign or transmit the trade mark is withdrawn; or  
 (b) a court determines otherwise.  
(2)  If there is no record made under Part XIV of the  principal Act of a person 
claiming an interest in, or a right in respect of, the trade mark, the Registrar shall record 
the pa rticulars in the Register after ascertaining that a claim has not been recorded.  
(3)  If— 
 (a) there is a record made under Part XIV of the principal Act of a person, or 
persons, claiming an inte rest in, or a right in respect of, the trade mark;  
 (b) the Registrar has notified that person, or each of those persons, under 
regulation 63(1); and  
 (c) that person or each of those person s has, within the period of two months 
from the date of the notice mentioned in paragraph ( b), given written notice 
to the Registrar consenting to the assig nment or transmission,  
the Registrar shall record the particulars in the Register after the Registra r has r eceived 
the last notice consenting to the assignment or transmission.  
(4)  If— 
 (a) subregulation (3)( a) and ( b) apply;  
 (b) the person, or any of the persons, notified by the Registrar under 
regul ation 63(1) has not consented in writing to the assi gnment or 
transmi ssion of the trade mark within the period of two months from the date 
of the notice,   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
the Registrar shall record the particulars in the Register as soon as practicable after the 
end of that period.  
63.   Notice to persons recorded as claimi ng right or interest in trade marks  
(1)  For the purposes of section 91 of the principal Act, the Registrar shall give notice 
in writing to a person recorded under Part XIV of the principal Act as claiming an i nterest 
in, or a right in respect of, a trade mark stating that the Registrar will record the 
assig nment or transmission of the trade mark at the end of a period of two months from 
the date of the notice, unless — 
 (a) the application to assign or transmit the trade mark is withdrawn;  
 (b) a court dete rmines otherwise; or  
 (c) each person to whom the Registrar shall give notice under this subregul ation 
has already notified the Registrar in writing that the person co nsents to the 
assignment or transmission,  
(2)  Each notice under subregulation (1) in res pect of a particular trade mark shall be 
given on the same day.  
PART X  
Voluntary Recording of Claims to Interests in and Rights in  
Respect of Trade Marks  
64.   Amendment of particulars: claimed interests or rights  
(1)  For the purposes of sections 95 and 99 of the principal Act, particulars of a claim 
to an interest in, or to a right in respect of, a trade mark other than the name, a ddress or 
address for service of a person whose claim is recorded or entered in the Register or 
recorded under Part XIV of th e principal Act may be amended in accordance with this 
regulation.  
(2)  A request to amend particulars of a claim to an interest in, or to a right in respect 
of, a trade mark shall be made in writing — 
 (a) together by the person whose claim is recorded and  the owner of the trade 
mark; or  
 (b) if the request has with it the written consent to the amendment of one of the 
persons mentioned in paragraph ( a), by the other person me ntioned in that 
paragraph.  
(3)  If a request is made in accordance with subregulat ion (2), the Registrar shall 
amend the particulars in accordance with the request.  
65.   Amendment of name, address and address for service: claims not in the Regi ster 
If a person — 
 (a) whose claim to an interest in, or to a right in respect of, a trade ma rk for 
which registration is sought is recorded; and  
 (b) whose name, address or address for service has changed since the claim was 
recorded,   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
gives notice in writing of the new name or address to the Registrar, the Registrar shall 
amend the record accordi ngly.  
66.   Cancellation of particulars: claimed interests or rights  
(1)  For the purposes of sections 95 and 99 to the principal Act, particulars of a claim 
to an interest in or to a right in respect of a trade mark entered in the Register or recorded 
under Part XIV of the principal Act may be cancelled in accordance with this regulation.  
(2)  A request to cancel particulars of a claim to an interest in, or to right in respect of, 
a trade mark shall be made in writing — 
 (a) by the person whose claim is rec orded;  
 (b) by the owner of the trade mark;  
 (c) together by the person whose claim is recorded and the owner of the trade 
mark; or  
 (d) if the request has with it the written consent to the cancellation of one of the 
persons mentioned in paragraph ( c) by the other person mentioned in that 
paragraph.  
(3)  If a request is made under subregulation (2)( a), (c) or ( d), the Registrar shall 
cancel the particulars in accordance with the request.  
(4)  If a request is made under subregulation (2)( b), the Registrar s hall notify in 
writing the person whose claim is recorded that — 
 (a) the request has been made; and  
 (b) unless the request is withdrawn or a court orders otherwise, the Registrar 
will cancel particulars of the claim in accordance with the request as soon as 
practicable after the end of a period of two months from the date of the 
request.  
(5)  Unless a request made under subregulation (2)( b) is withdrawn or a court 
determines otherwise, the Re gistrar shall, as soon as practicable — 
 (a) if, before the end of  the period mentioned in subregulation (4)( b), a pe rson 
the particulars of whose claim are recorded informs the Regi strar in writing 
that the person does not object to cancellation of the particulars, cancel the 
particulars in accordance with the request; or 
 (b) if paragraph ( a) does not apply, cancel the particulars after the end of that 
period in accordance with the request.  
PART XI  
Importation of Goods Infringing Vince ntian Trade Marks  
67.   Notice of objection to importation: accompanying doc uments  
For the purposes of section 111(1) of the principal Act, the document prescribed in 
relation to a notice given under that subsection is Form 12 of the Sixth Schedule.  
68.   Notice of objection to importation: authorised users   CAP.  315  
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(1)  For the purposes of section 111(3) of the principal Act, the period in relation to a 
request by an autho rised user under section 111(2) of the principal Act is two months 
from the day on which the request is made.  
(2)  For the purposes of section 111(3) of the principal Act, the foll owing documents 
are prescribed, namely documents that establish that — 
 (a) a copy of the certificate of registration of the trade mark certified by the 
Registrar as being a true copy and issued not more than two months before 
the date of the notice given u nder section 111(1) of the principal Act;  
 (b) documents that establish that — 
 (i) the authorised user has the power to give a notice of obje ction under 
section 111(1) of the princ ipal Act,  
 (ii) the registered owner was asked to give the notice,  
 (iii) since the request mentioned in section 111(2) of the principal Act was 
made, the period prescribed by subregulation (1) in relation to the 
request has ended.  
69.   Period for compliance with Comptroller’s request for information, etc.  
For the purposes of sec tion 122 of the principal Act, the period for complying with a 
request under section 122(1) of the principal Act is ten working days from the day on 
which the request is made.  
PART XII  
Certification Trade Marks  
70.   Copy of rules to be filed  
For the purpo ses of section 144(1) of the principal Act, an applicant for registr ation of 
a certification trade mark shall file a copy of the rules governing the use of the 
certific ation trade mark at, or as soon as practicable after, the time of filing of the 
applic ation. 
71.   Applications to vary rules  
(1)  For the purposes of section 147(1) of the principal Act (which deals with the 
variation of rules), the registered owner of a certification trade mark may apply to the 
Regi strar to approve a variation of the rules governing the use of the certification trade 
mark.  
(2)  An application to approve the variation of the rules governing the use of a 
registered certification trade mark shall — 
 (a) be in writing; and  
 (b) have with it a copy of the rules governing the use o f the registered 
certific ation trade mark that incorporate the proposed variation, highlighting 
the vari ations.  
72.   Assignment of registered certification trade marks   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(1)  An application to the Registrar for his consent to the assignment of a registered 
certification trade mark shall — 
 (a) be made by the registered owner of the certification trade mark;  
 (b) state the name, address, and address for service of the prospective a ssignee;  
 (c) state whether the prospective assignee proposes to continue after assig nment 
to apply the same rules governing use of the registered certification trade 
mark that the registered owner of the trade mark applies; and  
 (d) if the prospective assignee does not propose to co ntinue to apply those 
rules — 
 (i) state any variatio n of the rules that the prospective assignee proposes 
to apply after assignment, and  
 (ii) have with it a copy of the rules incorporating the proposed variation 
that the prospective assignee proposes to apply after assig nment.  
(2)  In considering an applic ation, the Registrar shall have regard to the following 
matters — 
 (a) whether the prospective assignee, or any prospective approved certifier 
within the meaning of section 144(2)( a) of the principal Act, is competent to 
certify the goods or services or bot h in respect of which the ce rtification 
trade mark is registered;  
 (b) if the prospective assignee does not propose after the assignment to co ntinue 
to apply the same rules governing use of the registered certification trade 
mark as the registered owner of  the trade mark applies, whether, if the 
application were an application to approve the variation of those rules that 
the prospective assignee proposes to vary after the assignment, the 
applic ation would be approved by the Registrar.  
PART XIII  
Defensive Tr ade Marks  
73.   Evidence in support of applications  
An applicant for registration of a defensive trade mark shall file evidence in support of 
the application at, or as soon as practicable after, the time of filing of the applic ation. 
PART XIV  
Administratio n 
74.   Office business hours  
The hours of business of the Commerce and Inte llectual Property Office are from 
8.30 a.m. to 12 noon and 1 p.m. to 3.00 p.m. Monday to Friday except for public hol idays.  
75.   Delegates of the Registrar   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
For the purposes of sec tion 169(1) of the principal Act the person or persons to whom 
the Registrar may del egate any of his powers or functions are set out in the Second 
Schedule.  
PART XV  
Miscellaneous  
DIVISION 1  
Applications and other Documents  
76.   Compliance with instruction s on approved forms  
If an application, notice or request under the principal Act or these Regulations is 
required to be in a prescribed form and a blank form that may be used in making such 
application or request or giving such notice — 
 (a) is made availab le by the Registrar together with instructions for compl etion, 
the person who completes the form shall comply with those instru ctions;  
 (b) is not available from the Registrar, the form used shall conform as closely as 
possible to the pr escribed form.  
77.   Filing of documents: requirements as to form  
(1)  A document to be filed at the Commerce and Intellectual Property Office shall 
comply with the r equirements set out in the Third Schedule.  
(2)  If the document does not comply with the requirements in the Third Schedule, the 
Regi strar may return the document to the person from whom it was received with a 
statement setting out the requirements that have not been complied with.  
(3)  A document may be filed by facsimile tran smission — 
 (a) if no fee is payable on filing the document; or  
 (b) if a fee is payable on filing the document, where the document is 
accomp anied by documentary evidence that the fee has been paid.  
(4)  If a document is filed by a person by facsimile transmission, the Registrar may 
require t he person to file the original document from which the facsimile was tran smitted.  
78.   Filing of documents: common requirements  
(1)  A person who files an application, notice or request shall include in the 
applic ation, notice or request — 
 (a) the busines s address of the attorney -at-law making the application or r equest 
or giving the notice; and  
 (b) in the case of an application on behalf of — 
 (i) a company, the registered office address of that company,  
 (ii) an individual, the residential address of tha t individual.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(2)  If an address recorded in the Register or included in an application, notice or 
request that is filed changes, the person whose address changes, or a person acting on 
behalf of that person, shall notify the Registrar of the new address.  
(3)  If the Registrar is notified of a new address, the Registrar shall amend the 
Regi ster, application, notice or request accordingly.  
(4)  An application, notice or request that is to be filed shall be signed by an atto rney-
at-law on behalf of, the perso n making the application or request, or giving the n otice, 
and dated by the signatory.  
79.   Filing of documents: treatment of non -complying doc uments  
If a document received for filing at the Commerce and Intellectual Property O ffice 
fails to comply with t he principal Act or these Regulations, the Registrar may — 
 (a) treat the document as not having been filed at the Commerce and Intelle ctual 
Property Office; or  
 (b) treat the document as having been filed, but require the person who filed the 
document to m ake, or cause to be made, any alterations to the doc ument that 
are necessary to enable the document to so comply.  
80.   Filing of documents: date of receipt to be marked  
(1)  A document that is received for filing shall be marked by the Registrar with the 
date on which it is r eceived.  
(2)  Except as otherwise provided by the principal Act or these Regulations, a 
document is taken to be filed at the Commerce and Intellectual Property Office on the 
date on which it is received by the Commerce and Intellectual  Property Office.  
81.   Declarations  
(1)  A declaration required by the principal A ct or these Regulations shall — 
 (a) be headed with the title of the matter in respect of which the declaration is 
made;  
 (b) be expressed in the first person;  
 (c) state— 
 (i) the name and address of the declarant,  
 (ii) if the declaration is made on behalf of another person, the name and 
address of the other person;  
 (d) if the declaration is made for the purposes of a bus iness the details of which 
are set out in the de claration, state — 
 (i) the office or position held by the person by whom the de claration is 
made, and  
 (ii) the address of the place where the business is conducted or princ ipally 
conducted; and  
 (e) be divided into paragraphs, each of which shall be numbered c onsecutively 
and, as far as pract icable, be confined to one subject.  
(2)  A declaration may be made before —  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (a) a magistrate;  
 (b) a justice of the peace;  
 (c) a notary public;  
 (d) a person before whom a statutory declaration may be made under the 
Declarations in Lieu of Oaths Act, or the law of the State, Territory or 
foreign country where the declaration is made; or  
 (e) a consular officer.  
[Chapter 219.]  
(4)  The name and title of the person before whom the declaration is made and the date 
when, and th e place where, it was made shall be stated in the declaration.  
82.   Declarations: additional material  
(1)  If— 
 (a) a person is required by the principal Act or these Regulations to file a 
declaration or serve a copy of the declaration; and  
 (b) it is not  practicable to include in, or attach to, the de claration or copy any 
material to which the declaration refers, the person shall file or serve the 
material to which the declaration refers, or a copy of the material, at the 
same time as the declaration or a s soon as practicable after that time.  
(2)  A declaration is not taken to have been filed or served until any material to which 
the declaration refers, or any copy of the material, is filed or served.  
83.   Notification of service  
A person who is required by the principal Act or these Regulations to serve a 
document on another person shall, as soon as practicable after the document is served, 
notify the Registrar in writing of the date, place and manner of service.  
84.   Notice of withdrawal of applications  
(1)  For the purposes of section 175 of the principal Act — 
 (a) a person who has filed an application, notice or r equest; or  
 (b) another person in whom the right or interest in reliance on which the 
application, notice or r equest was filed has become ves ted, 
may withdraw the application, notice or request by giving notice in writing of the 
withdrawal to the Registrar.  
(2)  If— 
 (a) the application, notice or request was filed by, or on behalf of, more than one 
person; or  
 (b) the right or interest mention ed in subregulation (1)( b) has become vested in 
more than one person,  
the notice of withdrawal shall be signed by an agent on behalf of, each of those pe rsons.  
(3)  If a person mentioned in subregulation (1)( b) withdraws an application, notice or 
request, the Registrar may require in writing that person to file documentary ev idence that  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
is sufficient to establish that the right or interest mentioned in that subregulation is vested 
in the person.  
85.   Withdrawal of application: Registrar’s notice to appl icants 
If an application, notice or request is withdrawn in accordance with regulation 84, the 
Registrar shall notify in writing each person or his attorney -at-law of the wit hdrawal and 
record the fact of the withdrawal in a manner deemed appropriate.  
86.   Change of address for service: notice to interested persons  
(1)  A person — 
 (a) who has filed an application, notice or request stating an address; and  
 (b) who notifies the Registrar of another address for the purposes of 
section 176(1)( b) of the principal  Act or any other purpose,  
shall give a copy of the notification to any party to proceedings relating to the applic ation, 
notice or request and to any other person as directed by the Registrar.  
(2)  For the purposes of section 176 of the principal Act a re quest for a change of 
address of service shall be in the form prescribed in Form 21 of the Sixth Schedule.  
DIVISION 2  
Proceedings before the Registrar  
87.   Applications for costs  
(1)  For the purposes of section 182 of the principal Act, a party to procee dings before 
the Registrar may apply to the Registrar in the form prescribed in Form 25 of the Sixth 
Schedule for an award of costs in relation to the pr oceedings.  
(2)  An application shall be made — 
 (a) during the proceedings; or  
 (b) within three months from — 
 (i) the day on which the Registrar makes a decision in the proceedings 
that ends those procee dings, or  
 (ii) the date of the Registrar’s notice to the party that the proceedings have 
been disco ntinued or dismissed,  
as the case requires.  
(3)  Before awarding costs in respect of the proceedings, the Registrar shall give each 
party to the procee dings a reasonable opportunity to be heard in relation to the award of 
costs.  
(4)  If a bill of costs is filed in relation to the proceedings, the bill of cost s hall be filed 
within three months from the day on which the costs are awarded.  
88.   Determination of costs  
(1)  In this regulation, “costs” does not include the costs referred to in section 85(2)( b) 
of the principal Act.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(2)  For the purposes of section 1 82 of the principal Act, costs may only be awarded in 
respect of a matter set out in the Fourth Schedule.  
(3)  The amount of costs shall be taxed, allowed and certified by the Registrar or an 
officer appointed by the Registrar for that purpose, in accordan ce with — 
 (a) in the case of an item in Part I of the Fourth Schedule, the amount spec ified 
in that item; or  
 (b) in the case of a matter set out in an item in Part II of the Fourth Schedule, 
that item.  
(4)  The Registrar may review the taxation of costs b y a trade marks officer.  
89.   Conduct of proceedings generally  
(1)  The Registrar may, at the request of a party to proceedings before the Registrar, 
other than opposition proceedings, give directions in relation to the procedure in the 
proceedings.  
(2)  Directions given under subregulation (1) shall not be inconsistent with these 
Regulations.  
(3)  The Registrar shall not give directions under subregulation (1) unless the 
Regi strar— 
 (a) is reasonably satisfied that any person affected by the proposed dire ctions 
has been notified of the proposed directions;  
 (b) has given any person affected a reasonable opportunity to make 
represent ations concerning the proposed directions; and  
 (c) is reasonably satisfied that the proposed directions are appropriate.  
(4)  For the purposes of subregulation (3)( b), representations may be made in writing 
or at a hearing or by such other means as the Registrar reasonably allows.  
(5)  Subject to these Regulations, the Registrar may determine the procedure to be 
followed in proc eedings b efore the Registrar.  
90.   Hearings by Registrar  
(1)  This Regulation applies if the principal Act or these Regulations provide for a 
person to be heard by the Registrar.  
(2)  A request for a hearing by the Registrar shall be in the form prescribe d in Form  26 
of the Sixth Schedule.  
(3)  On request, or on his own initiative, the Regi strar may — 
 (a) fix a time, date and place for the hearing; and  
 (b) give the parties to the hearing at least ten days notice in writing of the 
hearing and of the time, date and place fixed for the hearing.  
(4)  A party shall, as soon as practicable after being notified of a hearing, inform the 
Registrar in writing whether the party wants to be heard.  
(5)  A party may attend a hearing in person or by such means as the Reg istrar 
reasonably allows.  
(6)  A party may make representations in writing before or during a hearing.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(7)  A hearing shall be conducted with as little formality and technicality, and with as 
much expedition, as the requirements of the principal Act and th ese Regulations and a 
proper consideration of the matters before the Registrar, allow.  
(8)  The Registrar is not bound by the rules of evidence but may inform himself on 
any matter that is before him in any way that the Registrar reasonably believes to be 
appropriate.  
(9)  The Registrar may adjourn a hearing by notifying each party to the hearing 
accordingly.  
(10)  Subject to these Regulations, the Registrar may give a direction that is 
reason ably necessary for the conduct of the hearing.  
91.   Dispensing w ith hearings  
(1)  The Registrar is not required to proceed to hear a matter if — 
 (a) the Registrar reasonably believes that no party wishes to be heard in the 
matter;  
 (b) at least one of the following circumstances applies in relation to each party 
notified of the hearing under regulation 90(3) — 
 (i) the party has not indicated to the Registrar that the party wishes to be 
heard,  
 (ii) the party has informed the Registrar that the party does not wish to be 
heard, or  
 (iii) the party does not attend the hear ing. 
(2)  The Registrar may decide a matter to which subregulation (1) refers — 
 (a) without a hearing; and  
 (b) by reference to relevant information about the matter that is held in the 
Commerce and Intellectual Property Office.  
92.   Evidence in proceedin gs 
(1)  Evidence that is given in writing in any proceedings before the Registrar shall be 
in the form of a declaration.  
(2)  The Registrar may require a person who has made a declaration that is filed in the 
proceedings to attend before the Registrar to g ive evidence orally on oath or affirm ation 
instead of, or in addition to, the evidence contained in the declaration.  
(3)  The Registrar may permit a party to cross -examine a person who attends under 
subregulation (2).  
93.   Documents not in English  
If a do cument that is filed as evidence in proceedings before the Registrar is not in 
English, the party who files the document shall file with it — 
 (a) a translation of the document into English; and  
 (b) a certificate of verification in relation to the transl ation. 
94.   Registrar may use information available   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(1)  If— 
 (a) information that is available to the Registrar is relevant to proceedings 
before the Registrar;  
 (b) the Registrar has reason to believe that the inform ation is not known to a 
party to the pr oceedings;  
 (c) the Registrar proposes to take the information into account in making a 
decision in the procee dings,  
before making the decision the Registrar shall — 
 (i) provide the information to the party, and  
 (ii) give the party a reasonable opportunit y to make represe ntations about the 
information.  
(2)  For the purposes of subregulation (1)( c)(ii), the representations may be made in 
writing or at a hearing or by such other means as the Registrar reasonably a llows.  
95.   Statements of reason for decisio n 
(1)  If— 
 (a) the Registrar notifies a party to proceedings before the Registrar of a 
decision of the Registrar in the proceedings; and  
 (b) the party requests the Registrar in writing for the reasons for the dec ision,  
the Registrar shall comply with the  request.  
(2)  A request for reasons pursuant to subregulation (1) shall be in the form pr escribed 
in Form 24 of the Sixth Schedule.  
DIVISION 3  
General  
96.   What fees are payable  
For the purposes of section 184(1) of the principal Act, the fees specified in co lumn 3 
of an item in the Fifth Schedule are payable in respect of a matter specified in column 2 
of that item.  
97.   How fees are to be paid  
(1)  For the purposes of section 184(2) of the principal Act, a fee, other than a fee 
payable under Part XVI o f the principal Act, shall be paid to the Registrar at the 
Commerce and Intellectual Property Office.  
(2)  A fee payable under Part XVI of the principal Act shall be paid to the Comptro ller. 
(3)  A fee shall be paid in accordance with a dire ction given — 
 (a) in the case of a fee that is paid to the Registrar, by the Registrar;  
 (b) in the case of a fee that is paid to the Comptroller, by the Comptroller,  
as to the way in which it is to be paid.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
98.   Notice of non -payment of fee  
For the purposes of section 184(5) of the principal Act, the Registrar or the 
Comptro ller shall notify in writing the person concerned, or his agent, that the fee has not 
been paid, within fourteen days after the doing of the act, or the filing of the document, 
for which the fee is p ayable.  
99.   Refund of fees  
(1)  If, because of an error or omission of a member or staff of the Commerce and 
Intellectual Property Office, a person becomes liable to pay a fee for which the pe rson 
would not otherwise have been liable, the Registrar may — 
 (a) remit the whole or part of the fee; or  
 (b) if the fee has been paid, refund the whole or part of the fee to that person, 
after obtaining approval or the consent of the Accountant -General. 
100.   Extension of time: application  
For the purposes of sect ion 185(2) and (3) of the principal Act, an application for an 
extension of time for doing a relevant act — 
 (a) shall be in the form prescribed in Form 23 of the Sixth Schedule; and  
 (b) shall be accompanied by a declaration stating — 
 (i) the facts on whic h the grounds specified in the application are based, 
and 
 (ii) if the period for doing the relevant act has ended, the re ason why the 
application was not made before the period ended.  
101.   Extension of time: notice of opposition  
(1)  For the purposes of  section 185(6) of the principal Act, a person may oppose an 
application for an extension of time for more than three months by filing a notice of 
opposition with the Registrar.  
(2)  A notice of opposition — 
 (a) shall be in writing; and  
 (b) shall be filed  within one month after the application for an extension of time 
is pu blished.  
(3)  The opponent shall serve a copy of the notice on the applicant.  
102.   Extension of time: opposition proceedings  
For the purposes of section 185(6) of the principal Act, re gulations 31 to 39 i nclusive 
apply to an opposition to an application for an extension of time.  
103.   Extension of time: prescribed acts and documents  
(1)  For the purposes of paragraph ( a) of the definition of “relevant act”  in 
section 185(8) of the prin cipal Act, the following acts are prescribed — 
 (a) complying with the requirements of regulation 7(1);   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (b) claiming a right of priority for an application for the registration of a trade 
mark under section 15(1) of the principal Act;  
 (c) making a divisio nal application for the registration of a part of a trade mark 
under section 28 of the principal Act;  
 (d) making a divisional application for the registration of a trade mark under 
section 30(2) of the princ ipal Act;  
 (e) making a divisional application f or the registration of a trade mark under 
section 30(4) of the princ ipal Act;  
 (f) serving a copy of the evidence under regulation 28, 31 or 35;  
 (g) serving a copy of a notice under regulation 29, 33 or 36;  
 (h) responding to a notice to which regulation 53(2) a pplies;  
 (i) requesting that an application for the registration of a trade mark be amended 
under section 44( b) of the principal Act;  
 (j) requesting renewal of the registration of a trade mark under section 55 of the 
principal Act;  
 (k) responding to a notice to which regulation 63(1) a pplies;  
 (l) responding to a notification of the Registrar under regulation 66(4);  
 (m) complying with the authorised user’s request referred to in regulation 68;  
 (n) complying with a request for information referred  to in regulation 69.  
(2)  For the purposes of paragraph ( b) of the definition of “relevant act”  in 
section 185(8) of the principal Act, the following documents are prescribed — 
 (a) a notice of opposition to the registration of a trade mark under section 3 3 of 
the principal Act;  
 (b) a notice of opposition to which regulation 101(1) a pplies.  
104.   Incapacity of certain persons  
(1)  If a person is incapable of doing any thing required or permitted by the Act or 
these Regulations to be done because of infanc y or physical or mental disability, a court 
may, on the application of a person acting on behalf of the incapable person or of another 
person interested in the thing being done — 
 (a) do the thing; or  
 (b) appoint a person to do the thing; in the name, and on behalf, of the incap able 
person. 
(2)  A thing done in the name of, and on behalf of, an incapable person is taken to 
have been done by that pe rson as if the person had not been incapable when the thing was 
done.  
105.   Destruction of documents  
(1)  The Registrar may order the destruction of documents relating to trade marks the 
registration of which ceased not less than ten years before the date of the order.  
(2)  Subregulation (1) does not authorise the d estruction of the Register.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
106.   Directions not  otherwise presented  
If the Registrar reasonably believes that it is necessary for the proper conduct of 
proceedings for a person to perform an act, file a document or produce evidence that the 
person is not required by the Act or these Regulations to perf orm, file or produce, the 
Regi strar may give notice in writing to the person requiring him — 
 (a) to perform the act;  
 (b) file the document; or  
 (c) to produce the evidence; that is specified in the n otice. 
107.   Requirements cannot be complied with for r easonable cause  
If— 
 (a) under these Regulations, a person is required to do an act or thing, sign a 
document, make a declaration or file or give to the Registrar a document or 
evidence; and  
 (b) the Registrar is reasonably satisfied that the person cannot  comply with the 
requirement,  
subject to any condition that the Registrar may reason ably impose, the Registrar may 
dispense with the requirement.  
108.   Forms generally  
(1)  An authorisation of an attorney -at-law as an agent pursuant to section 174 of the 
principal Act shall be in the form prescribed in Form 2 of the Sixth Schedule.  
(2)  A request for correction of a clerical error, or amendment of application of 
registration of trade mark and other documents pursuant to Part VIII of the principal Act 
shall  be in the form prescribed in Form 6 of the Sixth Schedule.  
(3)  An application for cancellation or amendment of registration of a trade mark on 
the Register pursuant to Part X of the principal Act shall be in the form pr escribed in 
Form 8 of the Sixth Sch edule.  
(4)  An application to record claims to interest in and rights in respect of a trade mark 
pursuant to section 93 of the principal Act shall be in the form prescribed in Form 11 of 
the Sixth Schedule.  
(5)  A notice of objection to importation pursuan t to section 111(1) of the principal 
Act shall be in the form prescribed in Form 12 of the Sixth Schedule.  
(6)  A revocation of the notice of objection to importation pursuant to section 111(5) 
of the principal Act shall be in the form prescribed in Form 1 3 of the Sixth Schedule.  
(7)  An application for extension of time in which to bring an action pursuant to 
section 116(1)( b) of the principal Act shall be in the form prescribed in Form 14 of the 
Sixth Schedule.  
(8)  A notice of seizure of infringing goods  pursuant to section 113( a) of the princ ipal 
Act shall be in the form prescribed in Form 15 of the Sixth Schedule.  
(9)  A notice of seizure of infringing goods pursuant to section 113( b) of the princ ipal 
Act shall be in the form pr escribed in Form 16 of th e Sixth Schedule.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
(10)  A notice of consent to goods being forfeited to the Crown pursuant to 
section 114 of the principal Act shall be in the form prescribed in Form 17 of the Sixth 
Sche dule. 
(11)  A notice of consent to goods being released to designated  owner pursuant to 
section 115(2) of the principal Act shall be in the form prescribed in Form 18 of the Sixth 
Schedule.  
(12)  A notice of infringement to notified trade mark pursuant to section 116(1) of the 
principal Act shall be in the form prescribed i n Form 19 of the Sixth Schedule.  
(13)  An application for consent to assignment of certification or defence trade mark 
pursuant to section 149 of the principal Act shall be in the form prescribed in Form 20 of 
the Sixth Schedule.  
(14)  A request to enter a  change of name of registered owner or authorised user of a 
trade mark in the Register pu rsuant to section 177 of the principal Act shall be in the form 
prescribed in Form 22 of the Sixth Schedule.  
(15)  A Certificate of Registration pursuant to the princi pal Act shall be in the form 
prescribed in Form 27 of the Sixth Schedule.  
(16)  A notification of amendment pursuant to Part X of the principal Act shall be in 
the form prescribed in Form 28 of the Sixth Schedule.  
(17)  A notice of renewal of registration of a trade mark pursuant to section 57(2) of 
the principal Act shall be in the form prescribed in Form 29 of the Sixth Schedule.  
(18)  The Registrar may give a certificate, other than a certificate prescribed by the 
principal Act or these Regulations, rega rding any entry matter or thing that he is 
autho rised or required by the principal Act or these Regulations to make or do.  
(19)  A person who can show an interest in an entry, matter or thing for which a 
certificate is required may, by an application in Fo rm 30 of the Sixth Schedule request the 
certificate from the Registrar, and the applicant need not disclose his interest unless 
required by the Registrar to so do.  
109.   General  
The Registrar may acknowledge inquiries made to the office, but the Registrar  need 
not furnish any applicant or other person with information that would require a search of 
the public records of the office or provide advice on ma tters concerning the interpretation 
of the principal Act or Regulations or concerning other questions of  law. 
 
First Schedule  
[Regulation 20.]  
Signs that shall not be Registered as Trade Marks  
The following shall not be registered as trade marks — 
 (1) The words “Patent”, “Patented”, “By Royal Letters Patent”, “Registered”, 
“Registered Design”, “Copyright”, “ Plant Breeder’s Rights”, or words or 
symbols to the same effect.  
 (2) The words “To counterfeit this is a forgery”, or words to the same effect,   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (3) A representation of the Coat of Arms, or of the flag or seal of Saint Vincent 
and the Grenadines.  
 (4) A representation of the logo or emblem of a public authority or public 
institution in Saint Vincent and the Grenadines except on the application of 
such public a uthority or public institution.  
 (5) A representation of a mark notified by the International Unio n for the 
Protection of Industrial Property as not entitled to registration under 
international arrang ements.  
 (6) Words, letters or devices likely to lead persons to think that the applicant has 
or recently has had Royal p atronage or authorisation.  
 (7) A representation of the Royal Crown.  
 
Second Schedule  
[Regulation 75.]  
Delegates of the Registrar  
A.   Prescribed Persons and Public Officers  
Deputy Registrar  
Executive Officer  
Clerk  
B.   Prescribed Classes or Persons and Pu blic Officers  
Any person appointe d to or holding or performing the duties of an office or post in the 
Commerce and Intellectual Pro perty Office.  
 
Third Schedule  
[Regulations 77 and 109.]  
Form of Documents  
1.  Documents, submitted for filing shall be in English or where regulation 16, 29 o r 93 
applies, shall be acco mpanied by a verified translation into English.  
2.  Documents (excluding documents filed by facsimile transmission) shall be pr epared 
using white paper of good quality, either A4 (297 millimetres by 210 mill imetres) in size 
or 8.5 inches x 11 inches (216 millimetres by 279 mill imetres).  
3.  The contents of a document shall be written or printed on one side of the paper only in 
a carbonaceous or other permanent ink.  
4.  The contents of a document shall be typed or printed, and wher e a document is 
printed, the type setting shall not be less than size 12 font point.  
5.  The signature of the person signing a document and the date of sign ature shall be 
placed on the last sheet of the document.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
6.  The name of a person signing a document  shall be legibly printed or written under or 
beside the signature of that person.  
7.  An alteration made in a document before it is filed at the Commerce and Intellectual 
Property Office shall be initialled by the person who signs the document in the ma rgin of 
the document opposite to the alteration.  
8.  The use of correction fluid on documents is prohibited and such doc uments will not be 
accepted for filing.  
9.  Documents containing erasures will not be a ccepted for filing.  
10.  Documents shall be filed i n duplicate original.  
11.  Documents which pertain to applications under the principal Act shall be 
accomp anied by an authorisation of agent form in the form prescribed in Form 2 of the 
Sixth Schedule.  
 
Fourth Schedule  
Costs, Expenses and Allowances  
PART I  
Costs  
Column 1 Item  Column 2  
Matter  Column 3  
Amount ($) 
1. Notice of opposition  180.00  
2. Evidence in support  480.00  
3. Receiving and perusing n otice of opposition  100.00  
4. Receiving and perusing evidence in support  100.00  
5. Evidence in answer  300.00 
6. Receiving and perusing evidence in answer  150.00  
7. Evidence in reply  150.00  
8. Receiving and perusing evidence in reply  100.00  
9. Preparation of cases for hearing  300.00  
10. Attendance at hearing by attorney -at-law 200.00 per hour or 
part ther eof 
PART II  
Expenses and Allowances  
Expenses  
1.  A person who has paid a fee prescribed in these Regulations in relation to procee dings 
before the Registrar may be paid the amount of the fee.  
2.  A person attending proceedings before the Registrar shall b e paid — 
 (a) a reasonable amount for allowances for transport between the usual place of 
residence of the person and the place that he attends for that purpose; and   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 (b) if the person is required to be absent overnight from his usual place of 
residence, a reasonable amount for allowances up to a daily maximum of 
$400 for meals and accommodation.  
Allowances  
1.  A person who, because of his or her professional, scientific or other special skill or 
know ledge, is summoned to appear as a witness before the Regi strar shall be paid — 
 (a) if the person is remunerated in his occupation by wages, salary or fees, an 
amount equal to the amount of wages, salary or fees not paid to the person 
because of his attendance for that purpose;  
 (b) in any other case, an amount of  not less than $100, or more than $500, for 
each day on which he so attends.  
2.  A person summoned to appear as a witness, other than a witness referred to in Item 3, 
before the Re gistrar shall be paid — 
 (a) if the person is remunerated in his occupation b y wages, salary or fees, an 
amount equal to the amount of wages, salary or fees not paid to the person 
because of his attendance for that purpose;  
 (b) in any other case, an amount of not less than $60, or more than $100, for 
each day on which he so attend s. 
 
Fifth Schedule  
[Regulation 96.]  
Fees  
Item Matter  Fees  
1. Filing of application to register a trade mark, certification 
trade mark, collective trade mark or defe nsive or trade mark 
in respect of —  
  (a) goods or services in a single prescribed class;  $100.00  
  (b) goods and/or services in more than 1 pr escribed class.  $100.00 for the first 
class and $50.00 for 
each add itional class  
2. Filing of divisional applic ation. $100.00 for each class  
3. Filing of application to register 2 or more trade marks as a 
series under se ction 32.  $200.00 in r espect of 2 
trade marks and $50.00 
for each additional mark 
of the s eries 
4. Additional fee on filing of application under items 1, 2 or 3 
where a representation of the mark e xceeds 8cm x 8cm or 3” 
x 3”.  $65.00 pe r application  
5. Request for deferment of acceptance of an applic ation. $50.00  
6. Request for expedient examination of application for 
registration of a trade mark.  $40.00  
7. Filing of notice of oppos ition. $200.00  
8. Filing of application for e xtensio n of time —   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
Item Matter  Fees  
  (a) for each month or part of a month for which the 
extension is sought;  $50.00  
  (b) additional fee if application or request is filed after the 
end of the period or time e xtend.  $100.00  
9. Filing of notice or evidence in opposition proce edings.  $60.00  
10. Certificate of registration of trade mark.  $100.00  
11. Publication fee —  
  (a) word mark up to 2 classes  $100.00  
   for each additional class;  $100.00  
  (b) combined mark up to 2 classes  $150.00  
   for each additional class;  $100. 00 
  (c) logo/device mark up to 2 classes  $200.00  
   for each additional class.  $100.00  
12. Renewal of registration of trade mark in respect of —  
  (a) goods or services in a single presented class;  $100.00  
  (b) goods and or services in more than 1 p rescribed class.  $100.00 plus $20.00 for 
each add itional class  
13. Additional fee on renewal of registration of trade mark 
where request is made with in 12 months after the e xpiry 
date.  in addition to fee under 
item 12( a) or 12( b), 
$25.00 for each class 
and for each month or 
part of a month after the 
expiry date  
14. Application for amendment of trade mark application before 
or after publication of notice of applic ation. $50.00  
15. Application for amendment of Register.  $80.00 per mark  
16. Application fo r amendment of documents other than 
applic ation for registr ation of trade mark.  $40.00  
17. Filing authorisation of agent —  
  (a) first filing;  $5.00  
  (b) subsequent filing.  $2.00  
18. Application for cancellation of a mark.  $50.00  
19. Filing an applic ation for recording of assignment or 
transmission of trade mark.  $100.00 per mark  
20. Application to record a claim to an interest in or a right in 
respect of a trade mark.  $100.00  
21. Request for an amendment or cancellation of recorded 
particulars of a  claim to an interest in, or a right in r espect of 
a trade mark.  $80.00  
22. Filing a copy of rules governing use of a certif ication trade 
mark.  $80.00  
23. Filing evidence supporting an application for registr ation of 
a defensive trade mark.  $80.00  
24. Request for hearing.  $200.00  
25. Attendance at hearing.  $50.00  
26. Withdrawal of an application, notice or r equest.  $20.00   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
Item Matter  Fees  
27. Request for change of a ddress of registered owner.  $50.00 per mark  
28. Request for change of name of registered owner.  $50.00 per mark  
29. Filing of application for costs.  $25.00  
30. Taxation of costs.  $60.00  
31. Certified copy of a certificate of registr ation. $20.00  
32. Certified copy of a document other than a certificate of 
registration. $10.00  
33. Uncertified phot ograph ic copy of document.  $1.00 per page  
34. Filing of any document for which a fee is not pr ovided.  $20.00  
35. Search.  $2.00 for each file  
36. Request for Certificate in relation to an entry or matter under 
regulation 108(18) and (19).  $30.00  
 
Sixth Schedu le 
[Regulations 6 and 109.]  
Forms  
FORM 1  
[Section 13 and Parts XVIII, XIX and XX.]  
Application for Registration of a Trade Mark  
(Reproduction of mark should not exceed 8 cm x 8 cm or 3 in x 3 in)  
Please refer to the notes for completion of this form  
 1. Indicate if this appl ication is for —  
 (i) a trade mark     
 (ii) a collective trade mark     
 (iii) a certification trade mark     
 (iv) a defensive trade mark     
  
 2. The application claims to be the owner of the 
trade mark and —  
 (i) is using or int ends to use the trade mark     
 (ii) has authorised or intends to authorise 
another person to use the trade mark     
 
 (iii) intends to assign the trade mark to body 
corporate    
 
  
   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 3. Representation of trade mark   
  
  
 4. State “Yes” here if the trade mark is a word or 
words without any particular form of present ation  
 5. If mark contains or consists of a sign that is a 
colour, shape or an aspect of packaging, or any 
combination of those, give concise and accurate 
description of trade mar k  
 6. If the application is a series of marks ind icate how 
many in the series   
 7. If this application claims priority indicate the  
priority date(s) claimed, the country and the 
number Date of filing:  ................................ ...  
Country:  ................................ ...........   
Number:  ................................ ...........   
 8. Certified copy of applic ation of which priority is 
claimed   
  Is attached     
  
  Will be furnished within 6 months     
  
 9. Translation of cert ified copy   
  Is attached     
  
  Will be furnished within 1 month of the filing date     
  
 10. Specification of goods or servi ces. List the classes 
in consec utive order and list alongside each class 
the goods or services appropriate to that class   
   
Class  
number List of goods/services   
   
 11. If colour(s) claimed, as feature of the mark, 
indicate and state colour(s) claime d  
 12. Indicate any limit ation or disclaimers   
 13. Full name and a ddress of applicant   
 14. Full name and a ddress of agent   
  
 15. Authorisation of Agent is attached       
  Yes  No  
   
    CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
 16. The mark is 3 d imensional     
  
  Reproduction of t he mark in black and white is 
attached     
 
  
  Reproduction of the mark in colour is a ttached     
  
 17. State the number of sheets attached to this 
application   
Dated this  ................................ ..................   day of  ................................ ...........  , 20............   
   ................................ ................................   
  Agent  
Notes .—  
 1. If your answer to any item of t his form is too lengthy to fit in the space provided, the 
inform ation may be given on annexed sheets, numbered consecutively and i ncorporated by 
reference using the words “The annexed schedule to item (insert item number) is incorporated 
in this form” or w ords to such effect. The number of add itional sheets used is to be noted at 
item 17 of the form.  
 2. Applications must be accompanied by six representations of the mark for which regi stration is 
sought.  
 
FOR OFFICIAL USE ONLY:  
 
Mark Type:   Word  
 
  Word & device  
 
  Device only  
 
FORM 2  
[Regulation 108(1).]  
Authorisation of Agent  
[Section 174.]  
I/We1  ................................ ................................ ................................ ................................ ..............   
 ................................ ................................ ................................ ................................ ............................   
have appointed2  ................................ ........................   of 3  ................................ ................................ .  
to act as my/our Agent in relation to4— 
   1. Application for registration and post registration matters relating to the  following 
trade mark(s):  
   2. Opposition proceedings relating to the following trade mark(s):  
   3. The following application(s) or registration(s) in relation to the following regi stered 
mark(s):   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
   4. Registration of and other proceedings in relatio n to all trade marks in which we 
may now or her eafter have any right or interest.  
I/We request that all monies, requisitions and communications relating thereto be sent to the 
agent at the above address.  
I/We hereby revoke all previous authorisations, if  any, in respect of the same matter or 
procee ding. 
I/We hereby declare that I am/We are5  ................................ ................................ ...........................   
Dated this  ................................ .........   of...........................  , 20 ................................ ........   
Signature6:  ................................ ................................ ................................ ..........................   
Address:  ................................ ................................ ................................ ..............................   
N.B.—The authorisation of Agent must bear the seal or stamp of the company . 
  
1. Delete as appropriate and sta te full name of company or individual.  
2. State full name of agent(s).  
3. State full business address of agent.  
4. Tick appropriate box(es).  
5. State nationality of applicant.  
6. To be signed by person or authorised officer of the company appointing t he agent.  
 
FORM 3  
[Regulation 22.]  
Request to Divide an Application  
[Part IV.]  
 1. Give details of application to be d ivided.   
 2. Is this request to divide the specification of 
goods or se rvices?   
 3. If this request is to divide an applic ation into 
more than two parts, indicate how many parts 
you want it divided into and give d etails.   
 4. Full name and address of a pplicant.   
 5. Full name and address of agent.   
 6. Signature   ................................ ................................ ..  
  Date   ....................  /  ....................  /  ....................   
  Day Month  Year  
 7. State number of sheets a ttached t o this form   
Note .—List on a separate sheet ( a) the goods or services by class number to be removed to a 
divisional application ( b) representation of the marks which will form part of a divisional 
application.  
You cannot divide a registered trade mark.  
 
FORM 4  
[Regulations 25(2) and 57.]   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
Notice of Opposition to Registration/Removal of Trade Mark  
[Sections 33(2) and 76.]  
 1. Number of the application against which opposition is lodged.    
 
  Class(es)    
 2. Please give details of the Publication in whi ch the application was advertised. Publication 
Details 
  ..............  /  ....................  /  ..........................   
  Day   Month   Year  
  ................................ ........................  
 Publication Name,  Vol. No, Issue No.  
 3. Full name and address of opponent  
  (Name)  ................................ ................................ ................................ .........................   
  (Address)  ................................ ................................ ................................ ......................   
 4. Grounds of Opposition to Registration/Removal  
 5. Agen t’s details  
  (Name)  ................................ ................................ ................................ .........................   
  (Address)  ................................ ................................ ................................ ......................   
  (Contact No.)  ................................ ................................ ................................ ...............   
 ................................ ...............................   
Agent  
Dated this  ................................ ..................   day of  ..........................  , 20...........   
 
FORM 5  
[Regulation 40(6).]  
Notice of Attendance  
[Section 35.]  
Opposition Hearing  
To: Registrar, Commerce and Intellectual Property  
Take notice that  ................................ ................................ ................................   1 actin g by his agent  
 ................................ ................................ ................................ ..  2 
intends to appear in opposition proceedings relating to trade mark Application (number).  
Dated this  ................................ ..............   day of  ..........................  , 20...........   
 ................................ .........................   
Agent  
1. State name of opponent or applicant as applicable.  
2. State name and address of agent.  
 
FORM 6  
[Regula tion 108(2).]   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
Request for Correction of Clerical Error or Amendment of Application of Registration of 
Trade Mark and other Doc uments  
[Sections 43 to 46.]  
 1. Application Number or Registration Number (if applicable)  
 2. Is the application in relation to1 
  Trade mark application    
 
  Other document    
 
 3. Full name and address of applicant for registration or registered proprietor  
  Name:  ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ ......  
  ................................ ................................ ................................ ................................ ........   
 4. Details to be amended or corrected:  ................................ ................................ ............................   
 5. Agent’s details  
  Name:  ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ ......  
  ................................ ................................ ................................ ................................ ........   
 6. Signature:  Date  
   ................................ ................    ...............  / ....................  /  ..........................   
Agent   Day Month  Year  
1. Tick appropriate box.  
 
FORM 7  
[Regulation 50(2).]  
Request for the Renewal of a Trade Mark  
[Section 55.]  
 1. Indication that a Renewal is Sought  
  The renewal of the registration indentified in  the present request is hereby requested.  
 2. Registration Concerned  
  Registration Number  
 3. Proprietor  
  Name  ................................ ................................ ................................ ................................ ...........   
  Address  ................................ ................................ ................................ ................................ .......  
 4. Agent  
  Date  ................................ ....... /  ...............................  /  ................................   
   Day Month  Year  
 ................................ .........................   
Agent  
  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
FORM 8  
[Regulation 108(3).]  
Application for the Cancellation or A mendment of Registration of a Trade Mark on the 
Register 
[Sections 61 to 64.]  
 1. Registration Number(s) and Class Number(s) of the trade marks for which cancell ation or 
amendment is sought.  
 2. Full name of registered proprietor  
 3. The application is f or1 
  Amendment    
 
  Cancellation    
 
  of the trade mark  
 4. Details to be amended  
 5. Agent’s details  
  Name:  ................................ ................................ ................................ ...........................   
  Address:  ................................ ................................ ................................ .......................   
 6. Signature:  Date:  
   ................................ ................    ...............  /  ...................  /  ..........................   
Agent   Day Month  Year  
1. Tick appropriate box.  
 
FORM 9  
[Regulation 55.]  
Applicat ion for the Removal of a Trade Mark from the Register  
[Section  72.] 
 1. Registration Number(s) and Class Number(s) of the trade marks for which removal is sought  
 2. Full name of registered proprietor  
  Name:  ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ ......  
  ................................ ................................ ................................ ................................ ........   
 3. The application is f or removal of a mark in respect of1 
  All goods/services    
 
  Some goods/services2    ................................ ................................ .............................   
  in respect of which the trade mark is registered  
 4. Grounds for the removal applied for:  ................................ ................................ ..........................   
 5. Agent’s details  
  Name:  ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ ......   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
  ................................ ................................ ................................ ................................ ........   
 6. Signature:  Date : 
   ................................ ............................   ...............  / ....................  / ...........................   
 Agent   Day Month  Year  
1. Tick appropriate box.  
2. List goods/services for which removal of trade mark is sought.  
 
FORM 10  
[Regulation 59.]  
Application for Recording of Assignment or Transmission of Trade Mark  
[Sections 87 to 89.]  
Registra tion number(s), Application number(s) and class number(s) of the trade marks concerned 
and the goods and services for which the trade mark(s) have been used.  
Registration No./A pplication No.    Class No.    
Goods or services for which the trade mark has be en used and is assigned.  
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
 1. Full name of current Registered Owner (Assignor)  
   ................................ ................................ ................................ ................................ .....................   
 2. Full name and address of Assignee  
  Name:  ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ ......  
 3. Date of Assignment  ..........................  /................................  / ................................ ........   
 4. Is the applicant the  ................................ ................................ ................................ ......................   
 Current registered proprietor (Assignor)    
 or 
 Assignee    
 5. Certified copy of evidence of assignment or transmission of trade mark is a ttached1 
  Yes   No   
 6. Agent’s Details  
  Name:  ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ ......  
 
 7. Signature:  Date:  
   ................................ ................    ...............  / ....................  /  ..........................   
 Agent    Day   Month   Year  
1. Tick appropriate bo x. 
 
FORM 11  
[Regulation 108(4).]   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
Application to Record Claims to Interest in and Rights in Respect of a Trade Mark  
[Section  93.] 
 1. Trade Mark Concerned    Class No.    Trade Mark No.    
 2. Applicant’s Details  
  Name:  ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ ......  
  Agent:  ................................ ................................ ................................ ................................ .........   
 
 3. Registered Owner  
  Name:  ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ ......  
 4. Particulars of claims to interest in, or to right on respect of trade mark  
   ................................ ................................ ................................ ................................ .....................   
   ................................ ................................ ................................ ................................ .....................   
   ................................ ................................ ................................ ................................ .....................   
 5. Signature:  Date:  
   ................................ ................    ....................  /  ....................  /  .......................   
  Day Month  Year  
   ................................ ................    ....................  /  ....................  /  .......................   
  Day Month  Year  
 
FORM 12  
[Regulations 67 and 108(5) .] 
Notice of Objection to Importation  
[Section 111(1).]  
To: Comptroller of Customs and Excise  
I/We1  ................................ ................................ ................................ ................................ ..................   
of 2  ................................ ................................ ................................ ................................ ......................   
being the registered owner/authorised user3 of the trade mark(s) mentioned in the Sche dule to this 
Notice under the Trade Marks Act, 2003, objec t to the importation into Saint Vincent and the 
Grenadines of any goods made outside of Saint Vincent and the Gren adines being goods to which 
section 112 of the Trade Marks Act, 2003, applies and which infringe the trade mark.  
I/We hereby give the Comptro ller of Customs and Excise, and his agents, for the purpose of 
Section 112(3)of the Trade Marks Act, 2003, security in the amount of4  ................................ ......  in 
respect of any liability or expenses that may be incurred by the Comptroller and his agents as a 
result of seizure u nder section 112 of the Trade Marks Act, 2003, of any goods to which this 
notice relates.  
Dated:   .....................  /  ...................  / .....................   
 Day Month  Year  
Signature:  ................................ ................................ .........   
Name of Agent:  ................................ ................................ ................................ ................................ .  
Address:  ................................ ................................ ................................ ................................ .............   
Contact No.:  ................................ ................................ ................................ ................................ .......   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
1. Delete as appropriate and state full name of company or individual.  
2. State address.  
3. Delete as appropriate.  
4. State amount of security given.  
 
FORM 13  
[Regulation 108(6).]  
Revocation of Notice of Objection to Importation  
[Section 111(5).]  
To: Comptroller of Customs and Excise  
RE: Notified Trade Mark(s)1  ................................ ................................ ................................ .............   
Pursuant  to notice dated:  .........................  / ...............................  /  ................................ .......  
 Day Month  Year  
I/We2  ................................ ................................ ................................ ................................ ..................   
of 3  ................................ ................................ ................................ ................................ ......................   
being the registered owner/authorised user4 named in the above notice hereby revokes the said 
notice in relation to the above mentioned trade mark(s).  
Dated:  .....................  /  ...................  /  .....................   
 Day Month  Year  
Signature:  ................................ ...................  
Name of Agent:  ................................ ................................ ................................ ................................ .  
Address:  ................................ ................................ ................................ ................................ .............   
Contact No.:  ................................ ................................ ................................ ................................ .......  
1. State registration number (s) and names of trade mark(s).  
2. Delete as appropriate and state full name of company or individual.  
3. State address.  
4. Delete as appropriate.  
 
FORM 14  
[Regulation 108(7). ] 
Application for Extension of Time in which to bring Action  
[Section 116(1)( b).] 
To: Comptroller of Customs and Excise  
RE: Notified Trade Mark  ................................ ................................ ................................ ...................   
Pursuant to notice of objection to importation dated:  ...............  /  ....................  /  ................   
 Day Month  Year  
I/We1  ................................ ................................ ................................ ................................ ..................   
of 2  ................................ ................................ ................................ ................................ ......................   
being the o bjector(s) in relation to goods and seized pursuant to notice of the Comptroller of  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
Customs and Excise dated  ...........  /  ....................  /  ....................   
 Day Month  Year  
hereby request an extension of time for a period of  .......  days in which to bring the action  
with respect to the infringement  of the notified trade mark(s). The reason for this request is stated 
hereunder3. 
Dated:  .....................  /  ...................  /  .....................   
 Day Month  Year  
Signature:  ................................ ...................  
Name of Agent:  ................................ ................................ ................................ ................................ .  
Address:  ................................ ................................ ................................ ................................ .............   
Contact No.:  ................................ ................................ ................................ ................................ .......  
1. Delete as appropriate and state full name of company or individual.  
2. State a ddress.  
3. Give full explanation.  
 
FORM 15  
[Regulation 108(8).]  
Notice of Seizure of Infringing Goods  
[Section 113( a).] 
To: ................................ ................................ ................................ ................................ ......................   
of  ................................ ................................ ................................ ................................ ........................   
(Designated owner)  
Notice is hereby given that the under -mentioned goods have been seized under section 116 of the 
Trade  Mark Act, 2003.  
Dated:  .....................  /  ...................  /  .....................   
 Day Month  Year  
  ................................ ................................ .............   
Comptroller of Customs and Excise  
 
FORM 16  
[Regulation 108(9).]  
Notice of Seizure of Infringing Goods  
[Section 113( b).] 
To: ................................ ................................ ................................ ................................ ......................   
(Objector)  
Notice is hereby given that the under -mentioned goods have bee n seized under section 112 of the 
Trade Marks Act, 2003.  
The designated owner (s) of the goods is/are  ................................ ................................ .....................   
 ................................ ................................ ................................ ................................ ............................   
 ................................ ................................ ................................ ................................ ............................   
of  ................................ ................................ ................................ ................................ ........................    CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
Take notice that the said goods will be released to the designated owner unless you or one of the 
objectors bring an action for infringeme nt of the notified trade mark and give notice under 
section 116(1)( a) of the Trade Marks Act, 2003, within one month from the date of this notice or 
if the period of notice has been extended under section 116(1)( b) the e xtended period.  
Dated:  .....................  /  ...................  /  .....................   
 Day Month  Year  
  ................................ ................................ .............   
Comptroller of Customs and Excise  
 
FORM 17  
[Regulation 108(10).]  
Notice of Consent to Goods Being Forfeited to the Crown  
[Section 114.]  
To: The Comptroller of Customs and Excise  
I/We1  ................................ ................................ ................................ ................................ ..................   
of2  ................................ ................................ ................................ ................................ ......................   
the designated owner(s) of goods seized pur suant to notice of the Comptroller of Customs and 
Excise dated  ......................  /  ...................  / .....................   
 Day Month  Year  
hereby consent to the goods mentioned in the above notice being forfeited to the Crown.  
Dated:  .....................  /  ...................  /  .....................   
 Day Month  Year  
Signature:  ................................ ..............................   
Name of Agent:  ................................ ................................ ................................ ................................ .  
Address:  ................................ ................................ ................................ ................................ .............   
Contact No.:  ................................ ................................ ................................ ................................ ........   
1. Delete as appropriate and state full name of company or individual.  
2. State address.  
 
FORM 18  
[Regulation 108(11).]  
Notice of Consent to the Goods being released to the Designated Owner  
[Section 115(2).]  
To: The Comptroller of Customs and  Excise  
I/We1  ................................ ................................ ................................ ................................ ..................   
of 2  ................................ ................................ ................................ ................................ ......................   
being the objector(s) in relation to goods seized pursuant to notice of the Comptroller of Customs 
and Excise dated  ................................ ..... / ...............................  /  ................................ .......  
 Day Month  Year  
hereby consent to the goods mentioned in the above notice/the goods listed hereunder3 to be 
released to the designated owner.   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
Dated:  .....................  /  ...................  /  .....................   
 Day Month  Year  
Signature:  ................................ ................................ ................................ ................................ ............   
Name of Agent:  ................................ ................................ ................................ ................................ .  
Contact No.:  ................................ ................................ ................................ ................................ .......  
1. Delete as appropriate and state full name of company or individual.  
2. State address.  
3. If the notice of consent relates to only som e of the goods seized and listed in the Notice of the 
Comptroller list those goods to which the notice of consent applies.  
 
FORM 19  
[Regulation 108(12).]  
Notice of Action for Infringement of Notified Trade Mark  
[Section 116(1).]  
To: The Comptroller of Cus toms and Excise  
RE: Notified trade mark(s)1  ................................ ................................ ................................ ...............   
Pursuant to notice dated  ..........................  / ...............................  /  ................................ .......  
 Day Month  Year  
I/We2  ................................ ................................ ................................ ................................ ..................   
of 3  ................................ ................................ ................................ ................................ ......................   
being the objector(s) in relation to goods seized pursuant to notice of the Comptroller of Customs 
and Excise dated  ................................ ..... / ...............................  /  ................................ .......  
 Day Month  Year  
hereby give notice that action No.  ..........................   has been commenced on  ................................ ..  
In4  ................................ ........................   with respect to the i nfringement of the notified trade mark.  
Dated:  .....................  /  ...................  /  .....................   
 Day Month  Year  
Signature:  ................................ ................................ ................................ ................................ ............   
Name of Agent:  ................................ ................................ ................................ ................................ .  
Address:  ................................ ................................ ................................ ................................ .............   
Contact No.:  ................................ ................................ ................................ ................................ .......  
1. Insert registration number(s) and names.  
2. Delete as appropriate and state full name of company or individual.  
3. State address.  
4. Insert the full name and jurisdiction in which the action has been commenced.  
 
FORM 20  
[Regulation 108(13).]  
Application for Consent to Assignment of  Certification Trade Mark  
[Section 149.]   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
To: Registrar of Commerce and Intellectual Property  
 1. Registration No.  ................................ ..........   Class  ................................ ................................ .....  
 2. Registered owner  
  Name:  ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ ......  
 3. Agent  
  Name:  ................................ ................................ ................................ ................................ ..........   
 4. Assignee  
  Name:  ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ ......  
 5. The assignee propo ses to continue after assignment to apply the same rules gover ning use of 
the registered certification trade mark that the registered owner applies:  
 Yes   No   
 6. The assignee proposes to apply the following variation of the rules after the assig nment  
 7. A copy of the rules incorporating the proposed variation is attached  
 Yes   No   
Dated:  .....................  /  ...................  /  .....................   
 Day Month  Year  
 ................................ .....................   
Agent  
 
FORM 21  
[Regulation 86.]  
Request for Change of Address for Service in the Register of Trade Marks  
[Section 176.]  
 1. Trade ma rk reference1 
 Registration number  Class (es)  
     
     
     
     
     
 2. Ful1 name of Registered Owner or Authorised User currently on Register  
  Name:  ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ .......  
 3. New Address to be entered on register  
  New Address:  ................................ ................................ ................................ ..............................   
   ................................ ................................ ................................ ................................ .....................   
 4. Agent’s Name:  ................................ ................................ ................................ ............................   
  Address:  ................................ ................................ ................................ ................................ ......  
 5. Signature:  Date:  
   ................................ .....   ....................  / .....................  / .....................    CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
Agent  Date  Month  Year  
1. Additional marks may be listed as necessary.  
 
FORM 22  
[Regulation 108(4).]  
Request to enter Change of Name of Registered Owner or Authorised  
User of a Trade Mark in the Regi ster 
[Section 177.]  
 1. Trade mark reference1 
 Registration number  Class (es)  
     
     
     
     
     
 2. Is the name to be changed that of the registered proprietor or registered user of the mark(s) 
above2 
  Registered owner    
   
  Authorised u ser   
 3. Give full name(s) of registered proprietor or registered user at present on the Register  
   ................................ ................................ ................................ ................................ .....................   
 4. New name to be entered on the Register.  
 5. Certified copy of evidence of change of name is attached2 
  Yes  No   
 6. Agents details  
  Name:   ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ ......  
  Signature:  Date:  
   ................................ ......................    ....................  / .....................  / .....................   
Agent  Date  Month  Year  
1 Additional marks may be listed as necessary.  
2 Tick appropriate box.  
 
FORM 23  
[Regulation 100.]  
Request for Extension of Time  
[Section 185.]  
To: Registrar, Commerce and Intellectua l Property Office   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
Application Number:   Date:    
 
Class(es):    
Dear Sir/Madam  
An extension of time is requested for  ..............   months from  ................   to  ................................ .  in 
respect of the above application in order to deal with outstanding matters. The reason(s) for the 
request is/are  as follows:  
Yours faithfully  
  ................................ ................................ .............   
Agent  
 
For official use only  
To:  ................................ ..............................   
  ................................ ..............................   
  ................................ ..............................   
  
Application Number:   Class(es):    
  
Applicants name:    
Dear Sirs,  
Your request for an extension of time has been granted from  ..........................   to ...........................   
Yours faithfully  
  ................................ ................................ .............   
Registrar  
Commerce and Intellectual Property Office  
 
FORM 24  
[Regulation 95.]  
Request to the Registrar for a Statement of Grounds of Decision  
 1. Details of the application or registration number(s)  .....................   Class(es)  ..............   
 2. Date of Registrar’s decision  ................................ .........................   
 3. Agent’s det ails  
  Name:  ................................ ................................ ...........................   
  ....................  / ....................  ./ .....................   
 DD MM YY 
 
 ................................ ................................ ..............  
 Signature  
 
FORM 25  
[Regulation 87(1).]  
Application for an Award of Costs   CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
[Section 182.]  
 1. Applicant  
  Name:  ................................ ................................ ................................ ................................ ..........   
  Address:  ................................ ................................ ................................ ................................ ......  
 2. Application being made for costs in relation to the following proceedings:  
 3. Registration number (s) of trade marks to which proceedings relate:  
  Registration number:  ................................ ................................ ................................ ...................   
 4. Signature:  ............................   Dated:  ......................  / .......................  / ......................   
 Day Month  Year  
  ................................ ................................ .............   
Agent  
 
FORM 26  
[Regulation 90.]  
Request for Hearing  
I/We1 hereby request a hearing by the Registrar in rela tion to (the following proceedings2) in 
respect of Trade Mark registration number ................................ ................................ ........................   
Agent’s Details  
Name:  ................................ ................................ ................................ ................................ ................   
Address:  ................................ ................................ ................................ ................................ .............   
Dated:   ....................  /.....................  / ......................   
 Day Month  Year  
  ................................ ................................ .............   
Agent  
To: Registrar of Commerce and Intellectual Property Office  
1. Delete as appropriate.  
2. Identify proceeding specifically.  
 
FORM 27  
[Regulation 108(15).]  
 
Certificate of Registration of Trade Mark  
Trade mark No:  ................................ .........  
Date filed:  ................................ .................  
Registration renewal Date: ........................  
To:  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
   
I,  ................................ ......................   Registrar of the Commerce and Intellectual Property Office of  
Saint V incent and the Grenadines hereby certify that the above trade mark/certification/trade 
mark/collective trade mark /defensive trade mark has been registered in your name in r espect of the 
following class(es) and goods and/or services for a period of ten year s from the  .............................   
day of  ................................ ..............  , 20 ....................  , and may be renewed at the expir ation of that  
period and each succeeding period of ten years.  
Class:  
Goods/services:  
Witness my hand this  ................................   day of  ....................  , 20 ..........   
  ................................ ................................ .............   
Registrar  
Commerce and Intellectual Property Office  
 
FORM 28  
[Regulation 108(16).]  
 
Notification of Amendment  
[Part XI.]  
TO: 
 ................................ ................................ ................................ ................................ ............................   
Take Notice that the following amendment has been made to Application No.  ................................   
Trade mark No.:  ................................ ................................ ................................ ................................ .  
 ................................ ................................ ................................ ................................ ............................   
(Details of Amendment Made)  
Dated this  ................................ ..................   day of  ....................  , 20 ..........   
  ................................ ................................ .............   
Registrar  
Commerce and Intell ectual Property Office  
 
FORM 29  
[Regulation 108(17).]  
  CAP.  315  
Trade Marks Act – Subsidiary Legislation  
 
 
Certificate of Renewal of Registration of Trade Mark  
[Section 57(2).]  
To:   
I,  ................................ ................................ ................................ ................................ ........................  , 
Registrar of the Commerce and Intellectual Property Office of Saint Vincent and the Gren adines, 
do hereby certify t hat by virtue of an application filed the .......... day of ...................., 20..........  
Registered Trade Mark No.  ................................ ...........   has been renewed for a period of ten years  
from the ..............................   day of  ..........................  , 20 ..........   
Next renewal date:  
Class(es):  
Witness my hand this  ................................   day of  ....................  , 20 ..........   
  ................................ ................................ .............   
Registrar  
Commerce and Intellectual Property Office  
 
FORM 30  
[Regulation 108(19).]  
Request for Certificate of the Registrar in Relation to an Entry, Ma tter or Thing  
In the Ma tter of 1 (for example an Application for Change of Name)  
I/We  ................................ ................................ ................................ ................................ ........   hereby 
(insert name and address)  
request the Registrar to furnish me (us) with  ................................ ................................ ....................  2 
Dated this  ................................ ..................   day of  ....................  , 20 ..........   
  ................................ ................................ .............   
Signature  
  ................................ ................................ .............   
Address  
 
To: The Registrar  
 Commerce and Intellectual Property Office  
 Saint Vincent and the Grenadines  
1. These words may  be altered to suit the circumstances.  
2. Here set out the particulars that the Registrar is required to certify.  
3. Signature(s) with full names typed below.  
4. Address.