Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  1 
Revision D ate: 31 Dec 2002  
  
ST CHRISTOPHER AND N EVIS  
CHAPTER 18 .22 
MARKS, COLLECTIVE MA RKS AND 
TRADE NAMES ACT  
and Subsidiary Legislation  
Revised Edition  
showing the law as at 31 December 2002  
This is a revised edition of the law, prepared by the Law Revision Commissioner under th e 
authority of the Law Revision Act, No. 9 of 1986  
This edition contains a consolidation of the following laws : 
Marks , Collective Marks and Trade Names Act  
Act 10 of 2000 in force 28th July 2000  
Trade Mark Rules – SRO 18  of 1937  
Registration of United King dom Trade Marks Rules – SRO 1 of 1947  Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  3 
Revision D ate: 31 Dec 2002  
CHAPTER 18.22  
MARKS, COLLECTIVE MA RKS AND TRADE NAMES ACT  
ARRANGEMENT OF SECTIONS  
PART I – PRELIMINARY  ................................ ................................ ................................ ... 5 
1. Short title  ................................ ................................ ................................ ................  5 
2. Interpretation  ................................ ................................ ................................ ..........  5 
PART II – MARKS ................................ ................................ ................................ ...............  6 
3. Acquisition of exclusive right to a mark  ................................ ................................ . 6 
4. Registrability of mark  ................................ ................................ .............................  6 
5. Application for registration  ................................ ................................ .....................  6 
6. Examination of application  ................................ ................................ .....................  7 
7. Opposition to registration  ................................ ................................ .......................  7 
8. Registration of mark  ................................ ................................ ...............................  8 
9. Rights conferred by registration of mark  ................................ ................................  8 
10. Duration and renewal of registration  ................................ ................................ ...... 8 
11. Invalidation of mark  ................................ ................................ ...............................  9 
12. Removal of mark from Registe r ................................ ................................ .............  9 
13. Licensing of marks  ................................ ................................ ................................ . 9 
PART III – COLLECTIVE MARKS  ................................ ................................ ..................  10 
14. Collective marks  ................................ ................................ ................................ ... 10 
15. Invalidation of collective mark  ................................ ................................ .............  10 
16. Licensing of collective mark  ................................ ................................ .................  10 
PART IV – TRADE NAMES  ................................ ................................ .............................  10 
17. Trade names  ................................ ................................ ................................ ..........  10 
PART V – GENERAL PROVISIONS ................................ ................................ ................  11 
18. Where docum ents not in English  ................................ ................................ ..........  11 
19. Changes in ownership  ................................ ................................ ...........................  11 
20. Agents  ................................ ................................ ................................ ...................  11 
21. Registrar  ................................ ................................ ................................ ................  11 
22. Register  ................................ ................................ ................................ .................  12 
23. Correctio n of errors  ................................ ................................ ...............................  12 
24. Extension of time for applications  ................................ ................................ ........  13 
25. Exercise of discretionary power ................................ ................................ ............  13 
26. Jurisdiction of court  ................................ ................................ ..............................  13 
27. Infringemen t ................................ ................................ ................................ .........  13 
28. Offences  ................................ ................................ ................................ ................  14 4 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
29. Registrar’s annual report  ................................ ................................ ......................  15 
30. Regulations ................................ ................................ ................................ ...........  15 
31. Application of international treaties  ................................ ................................ ..... 15 
FIRST SCHEDULE  ................................ ................................ ................................ ... 16 
SECOND SCHEDULE  ................................ ................................ ..............................  31 Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  5 
Revision D ate: 31 Dec 2002  
CHAPTER 18 .22 
MARKS, COLLECTIVE MA RKS AND TRADE NAMES ACT  
AN ACT to provide for the protection of Marks, Collective Marks and Trade 
Names in Saint Chris topher and Nevis; and to provide for related or incidental 
matters.  
PART I  – PRELIMINARY  
1. Short title . 
This Act may be cited as the Marks, Collective Marks and Trade Names Act.  
2. Interpretation . 
In this Act, unless the context otherwise requires,  
“colle ctive mark” means a visible sign designated as such in the application 
for registration and capable of distinguishing the origin or other 
common characteristic, such as the quality, of goods or services of 
different enterprises which use the sign under the  control of the 
registered owner of that sign;  
“Court” means the High Court;  
“International Classification” means the classification according to the Nice 
Agreement concerning the International Classification of Goods and 
Services for the purposes of the R egistration of Marks, of June 15, 
1957, as last revised;  
“mark” means any visible sign capable of distinguishing the goods 
(“trademark”) or services (“service mark”) of an enterprise;  
“Minister” means the Minister responsible for marks, collective marks an d 
trade names;  
“Paris Convention” means the Paris Convention for the Protection of 
Industrial Property of March 20, 1883, as last revised;  
“priority date” means the date of the earlier application that serve s as the 
basis for the right of priority provided  for in the Par is Convention;  
“Register” means the Register of Marks referred to in section 2 3 of this Act;  
“Registrar” means the Registrar responsible for registering Mark s; 
“trade name” means the name or designation by which a busine ss or 
enterprise is i dentified and distinguished.  6 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
PART II  – MARKS  
3. Acquisition of exclusive right to a mark . 
The exclusive right to a mark, as conferred by this Act, sh all be acquired by 
registration in accordance with the provisions of t his Act. 
4. Registrability of mark . 
A mark shall not be registrable if it is  
(a) incapable of distinguishing the goods or services of one enterprise 
from those of other enterprises ; 
(b) contrary to public order or morality;  
(c) likely to mislead the public or trade circles, in particular, as regards 
the geographical origin of goods or services concerned or their nature  
or characteristics;  
(d) identical to, or is an imitation of, or contains as  an element, an 
armorial bearing, flag or other embl em, a name or abbreviation or 
initials of the name  of or  official sign or hallmark adopted by, any 
State, i nter-governmental Organisation or Organisation cre ated by an 
international convention, unless author ised by the competent 
authority of that State or Organisation;  
(e) identical to, or confusingly sim ilar to, or consti tutes  a translation of, a 
mark or trade name whi ch is  well known in Saint Christopher and 
Nevis  for identical or similar goods or services of an other  enterprise, 
or if it is well -known and regist ered in Saint Christopher for goods or 
services which  are not identical, or similar to those in respe ct of  
which registration is applied for, provided, i n the  latter case, that  
 (i) use of the mark in relation to those good s or services would 
indicate a connection bet ween  those goods or services an d the 
owner of the well -known mark; and  
 (ii) the interests of the owner of the well -known mark are likely to 
be prejudiced by such use; or  
(f) identical to a mark belonging to a different owner and already on the 
Register, or with an earlier filing or pri ority date, in respect of the 
same goods or services or closely related goods or services, or if it so 
nearly resembles such a mark as to be likely to deceive or cause 
confusion.  
5. Application for registration . 
(1) An application for the registration of a  mark shall be filed with the Registrar 
on the prescribed form and shall contain the following:  
(a) a request that the mark be registered;  
(b) a reproduction of the mark; and  Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  7 
Revision D ate: 31 Dec 2002  
(c) a list of the goods or services for which registration of the mark is 
request ed, listed under the applicable class or classes of the 
International Classification.  
(2) The application shall be accompanied by the prescribed application fee.  
(3) The application may contain a declaration claiming the priority, as provided 
for in the Pa ris Convention, of an earlier national or regional application filed by the 
applicant or his or her predecessor in title in or for any State party to the Convention or any 
member of the World Trade Organisation, in which case the Registrar may require that  the 
applicant furnish es, within the prescribed time limit, a copy of the earlier application, 
certified as correct by the Office with which it was filed.  
(4) The effect of the declaration shall be as provided in the Paris Convention.  
(5) Where the require ments of subsection (3) of this section and any regulations 
pertaining to that subsection have not been satisfied, the declaration shall be considered not 
to have been made.  
(6) The applicant may withdraw the application at anytime before the mark is 
regis tered.  
6. Examination of application . 
(1) The Registrar shall examine the application to determine whether it complies 
with the requirements of subsections (1) and (2) of section 5 of this Act and the 
Regulations pertaining to those subsections.  
(2) The Re gistrar shall also examine and determine whether the mark is a mark 
as defined in section 2 of this Act and complies with the requirements of paragraphs (a), 
(b), (c), (d) and (e) of section 4 of this Act.  
(3) Where the Registrar finds that the requirement s referred to in subsections (1) 
and (2) of this section are fulfilled, he  or she  shall forthwith cause the application, as 
accepted, to be published in the Gazette  in the prescribed manner.  
7. Opposition to registration . 
(1) Any interested person may, wit hin the prescribed period and in the 
prescribed manner, give notice to the Registrar of opposition to the registration of the mark 
on the ground that one or more of the requirements of section 4 of this Act and the 
regulations pertaining to that section ha ve not been fulfilled, or that the mark is not a mark 
as defined in section 2 of this Act.  
(2) The Registrar shall send forthwith a copy of the notice to the applicant who 
shall, within the prescribed period and in the prescribed manner, file, with the Reg istrar, a 
counter -statement of the grounds on which he or she relies for his  or her  application.  
(3) The applicant shall be deemed to have abandoned his  or her  application if he  
or she  fails to comply with the provisions of subsection (2) of this section.  8 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(4) Where the applicant files a counter -statement, the Registrar shall forthwith 
furnish a copy of the statement to the person who gave notice of opposition and, after 
hearing the parties, if they wish to be heard, and considering the merits of the case, s hall 
decide whether the mark should be registered or not.  
(5) After an application is published and until the registration of the mark, the 
applicant shall have the same privileges and rights as he  or she  would have if the mark had 
been registered, except that it shall be a valid defence to an action brought under this 
section in respect of an act done after the application was published if the defendant 
establishes that the mark could not validly have been registered at the time the act was 
done.  
8. Regist ration of mark . 
(1) Where the Registrar finds that the requirements for the registration of a mark 
are fulfilled, and the registration of the mark is not opposed within the prescribed time 
limit, or the registration of the mark is opposed but is decided in  the applicant’s favour, he  
or she  shall  
(a) register the mark in the Register;  
(b) publish a reference to the registration in the Gazette ; and  
(c) issue, to the applicant, a certificate of registration.  
(2) Where the requirements for registration are not satisfied or an application is 
successfully opposed, the Registrar shall refuse the application.  
9. Rights conferred by registration of mark . 
(1) No person shall use a registered mark in relation to any goods or services for 
which it is registered unless h e or she has the authorisation of the owner to do so.  
(2) The registered owner of a mark shall, in addition to any other rights, 
remedies or actions available to him  or her , have the right to institute court proceedings 
against any person who infringes the  mark by using the mark without his or her 
authorisation or who performs acts which make it likely that infringement will occur.  
(3) The right conferred under subsection (2) of this section shall extend to the 
use of a sign similar to the registered mark a nd use in relation to goods and services similar 
to those for which the mark has been registered, where confusion may arise in the public.  
(4) The rights conferred by the registration of a mark shall not extend to the use 
of the mark in respect to goods wh ich are put on the market by the registered owner or 
with his  or her  consent.  
(5) The rights in a mark may be assigned or transferred by succession.  
10. Duration and renewal of registration . 
(1) The registration of a mark shall expire ten years from the fi ling date of the 
application for registration but may, upon the written request of the registered owner and 
payment of the prescribed renewal fee, be renewed for consecutive periods of ten years.  Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  9 
Revision D ate: 31 Dec 2002  
(2) Where the period prescribed for the payment of the renew al fee expires and 
payment of the fee has not been made, the Registrar shall give the registered owner of the 
mark a period of grace not exceeding six months within which to pay the renewal fee.  
(3) The registered owner of the mark shall, when paying the r enewal fee in 
accordance with subsection (2) of this section, also pay, to the Registrar, the surcharge 
prescribed for late payment.  
11. Invalidation of mark . 
(1) The court may, on the application of any interested party, invalidate the 
registration of a m ark on the ground that  
(a) it is not a mark as defined in section 2 of this Act; or  
(b) the requirements of section 4 of this Act have not been satisfied.  
(2) Where the court invalidates the registration of a mark, the registrar shall, as 
soon as possible,  record the invalidation in the register and publish a reference thereto in 
the Gazette , and the invalidation shall be deemed to have been effective as of the date of 
the registration of the mark.  
12. Removal of mark from Register . 
(1) The court may, on th e application of any interested person, order the 
removal, from the Register, of a mark in respect of any of the goods or services in respect 
of which it is registered on the ground that up to one month prior to filing the request the 
mark had, after its r egistration, not been used by the registered owner or a licensee during a 
continuous period of three years or longer.  
(2) The court shall not order the removal of a registered mark from the Register 
if the owner shows that special circumstances existed whi ch prevented the use of the mark, 
and that there was, in relation to the goods or services referred to in subsection (1) of this 
section, no intention not to use the mark or to abandon it.  
13. Licensing of marks . 
(1) The owner of a registered mark or an ap plication for the registration of a 
mark may grant licen ces in respect of that mark.  
(2) A copy of each licence contract concerning a registered mark or an 
application for the registration of a mark shall provide for the effective control, by the 
licensor,  of the quality of the goods or services of the licensee in connection with which 
the mark is used.  
(3) Any licence contract made in relation to the registration of a mark or an 
application for the registration of a mark shall provide for the effective con trol, by the 
licensor, of the quality of the goods or services of the licensee in connection with which 
the mark is used.  
(4) Where the licence contract does not provide for the quality control or if the 
quality control is not effectively carried out, the licence contract shall be invalid.  10 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(5) A licence contract shall have no effect against third parties unless it has been 
recorded.  
PART III  – COLLECTIVE MARKS  
14. Collective marks . 
(1) Subject to subsections (2) and (3) of this section, and section 15 of th is Act, 
sections 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 shall apply to collective marks.  
(2) An application for the registration of a collective mark shall designate the 
mark as a collective mark and shall be accompanied by a copy of the regulations governing 
the use of the collective mark.  
(3) The registered owner of a collective mark shall notify the Registrar of any 
changes made in respect of the regulations referred to in subsection (2) of this section.  
(4) For the purposes of subsection (2) of this section , “regulations” means the 
regulations made by the person under whose control the collective mark may be used.  
15. Invalidation of collective mark . 
In addition to the grounds set out in section 11 of this Act, the court shall invalidate 
the registration of a collective mark if the person requesting the invalidation proves that 
only the registered owner uses the mark, or that he or she uses or permits its use in 
contravention of the regulations referred to in section 14 (2) of this Act, or that he  or she  
uses or permits its use in a manner which is liable to deceive trade circles or the public as 
to the origin or any other common characteristics of the goods or services concerned.  
16. Licensing of collective mark . 
The registration of a collective mark, or an a pplication for the registration of, may 
not be the subject of a licence contract.  
PART IV  – TRADE NAMES  
17. Trade names . 
(1) A name or designation shall not be used as a trade name if, by its nature or 
the use to which it may be put, it is contrary to publ ic order or morality and if, in 
particular, it is liable to deceive trade circles or the public as to the nature of the enterprise 
identified by that name.  
(2) Notwithstanding any law requiring the registration of trade names, such 
names shall be protected , even prior to or without registration, against any unlawful act 
committed by third parties.  
(3) The use of any trade name by a third party, whether as a trade name or a 
mark or collective mark, or the use of a similar trade name or mark, that is likely t o 
mislead the public, is unlawful.  Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  11 
Revision D ate: 31 Dec 2002  
PART V  – GENERAL PROVISIONS  
18. Where documents not in English . 
Any application or other document filed under this Act shall, if not in English, be 
accompanied by a translation thereof in English, verified by the translat or that the 
translation is, to the best of his  or her  knowledge, complete and faithful.  
19. Changes in ownership . 
(1) Any change in the ownership of the registration of a mark or collective 
mark, or in the ownership of an application therefor shall be  
(a) in writing and addressed to the Registrar;  
(b) recorded in the Register by the Registrar at the request of any 
interested party; and  
(c) published by the Registrar in the Gazette , except in the case of an 
application.  
(2) A change referred to in subsection  (1) of this section shall have no effect 
against third parties unless it has been recorded.  
(3) Any change in the ownership of the registration of a collective mark, or in 
the ownership of an application therefor shall require the prior written approval o f the 
Minister.  
(4) Any change in the ownership of a trade name shall be made with the transfer 
of the enterprise or part thereof identified by that name and shall be in writing.  
(5) A change in ownership of the registration of a mark or a collective mark 
shall be invalid if it is likely to deceive or cause confusion, particularly in regard to the 
nature, origin, manufacturing process, characteristics, or suitability for their purpose, of the 
goods or services in relation to which the mark or collective mar k is intended to be used or 
is being used.  
20. Agents . 
(1) Where an applicant’s ordinary residence or principal place of business is 
outside Saint Christopher and Nevis, he or she shall be represented by a legal practitioner 
resident and practising in Sain t Christopher and Nevis in accordance with the relevant law.  
21. Registrar . 
(1) The Registrar shall perform the functions and exercise the powers conferred 
on him or her by this Act and any other enactment.  
(2) Without derogating from the generality of sub section (1) of this section, the 
Registrar shall  
(a) perform all functions relating to the registration of marks and 
collective marks;  
(b) administer registered marks and collective marks as specified in this 
Act and the Regulations made under this Act;  12 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(c) superintend and perform all duties required by this Act and the 
Regulations made under this Act; and  
(d) carry out studies, programmes or exchanges of items or services 
recording domestic and international law on marks, collective marks, 
and trade names.  
22. Register . 
(1) The Registrar shall maintain a register, to be known as the Register of 
Marks, in which he or she shall record all matters required by this Act or the Regulations 
made under this Act to be recorded.  
(2) The registrar shall register colle ctive marks in a special section of the 
Register created for that purpose.  
(3) Any person may, upon payment of the prescribed fees and in accordance 
with the prescribed conditions, consult, inspect or make a copy of, or obtain an extract 
from, the Register . 
(4) The Register shall be prima facie  evidence of anything required or 
authorised by this Act to be registered, and shall be admissible and sufficient evidence of 
anything registered in the register.  
(5) A certificate purporting to be signed by the Regis trar and certifying that any 
entry which he  or she  is authorised to make by this Act has or has not been made, or that 
any other thing which he or she is so authorised to do has or has not been done, shall be 
prima facie  evidence, and shall be admissible a nd sufficient evidence, of the matter so 
certified.  
(6) Each of the following, that is to say, a copy of  
(a) an entry in the Register or an extract from the Register which is 
supplied under subsection (3) of this section;  
(b) any document kept in the Regis trar’s Office, or an extract from such 
document, or any matter which has been published under this Act, 
which purports to be a certified copy or a certified extract;  
shall be admitted in evidence without production of the original, and such evidence shall 
be sufficient evidence of the matters stated therein.  
(7) In this section, “certified copy” and “certified extract” means a copy and 
extract certified by the Registrar and sealed with his or her seal. 
23. Correction of errors . 
(1) The Registrar may, of his  or her own volition or upon the written request of 
any interested person, correct any clerical error or error of translation or transcription in 
any application filed under this Act, or in any document filed in pursuance of such 
application, and the Regis trar may also correct any clerical error in the Register.  
(2) Subsection (1) of this section shall not be construed as giving the Registrar 
the power to correct the register, any application or document in a material way.  Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  13 
Revision D ate: 31 Dec 2002  
24. Extension of time for applicat ions. 
(1) Where the Registrar is satisfied that the circumstances justify it, he  or she  
may, upon the written request of any interested person, and upon such terms as he  or she  
may direct, extend the time for doing any act or taking any proceeding under th is Act or 
the Regulations, and shall give written notice to the parties concerned.  
(2) The extension may be granted though the time for doing the act or taking the 
proceedings has expired.  
25. Exercise of discretionary power . 
The Registrar shall give any p arty to a proceeding before him  or her  the 
discretionary opportunity of being heard before exercising any discretionary power vested 
in him or her under this Act or the Regulations made under this Act if the exercise of the 
powers might adversely affect th at party.  
26. Jurisdiction of court. 
(1) The court shall have jurisdiction in cases of disputes relating to the 
application of this Act and the Regulations made under this Act and in matters which, 
under this Act, may be brought  before it.  
(2) Any person w ho is aggrieved by a decision of the Registrar under this Act 
may, within two months of that decision, appeal to the court. 
27. Infringement . 
(1) Subject to section 9.(4) of this Act, an infringement shall consist of the 
performance, in Saint Christopher a nd Nevis, of any act referred to in  
section 9 of this Act by a person , other than the owner of the title of protection , and 
without the agreement of the latter.  
(2) On the application of the owner of the title of protection, or of a licensee if 
he or she  has requested the owner to institute court proceedings for a specific relief and the 
owner has refused or failed to do so, the court may  
(a) grant an injunction to prevent  
 (i) infringement,  
 (ii) an imminent infringement, or  
 (iii) an unlawful act referre d to in sections 17 (2) and (3), and 28 (2) 
of this Act;  
(b) award damages;  
(c) order the seizure, forfeiture or destruction of  
 (i) any infringing product or article, or of any product or article of 
which the infringing product or article forms an insepar able 
part; and  
 (ii) any article, instrument or thing by means of which any 
infringing product or article was produced; or  
(d) grant any other remedy provided for in the general law.  14 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
28. Offences . 
(1) Any person who performs an act which constitutes an inf ringement as 
defined in section 27 of this Act or an unlawful act as defined in section 17 (3) of this Act 
commits an offence and is liable, on conviction, to a fine of not less than ten thousand 
dollars and not exceeding thirty thousand dollars, or impris onment for a term of not less 
than three years and not exceeding ten years, or both.  
(2) Any person who  
(a) forges a mark or collective mark;  
(b) makes any die, block, machine or other instrument for the purposes of 
forgoing or of being used for forgoing a  mark or collective mark;  
(c) disposes of, or has, in his  or her  possession, any such die, block, 
machine or other instrument;  
(d) sells, or has, in his  or her  possession for sale, any goods to which is 
affixed a forged mark or collective mark;  
(e) imports , into Saint Christopher and Nevis  
 (i) any product or article bearing a forged mark or collective mark; 
or 
 (ii) any other infringing product or article ; 
commits an offence, and shall be liable, on conviction, to a fine of not less than fifteen 
thousand d ollars and not exceeding forty thousand dollars, or imprisonment for a term of 
not less than five years and not exceeding twelve years, or both.  
(3) Any person who, knowing the same to be false,  
(a) makes or causes to be made a false entry in the Register;  
(b) makes or causes to be made any document falsely purporting to be a 
copy of an entry in the Register; or  
(c) produces, tenders or causes to be produced in evidence any such entry 
or copy thereof ; 
commits an offence, and shall be liable, on conviction, to a fine of not less than ten 
thousand dollars and not exceeding thirty thousand dollars, or to imprisonment for a term 
of not less than three years and not exceeding ten years, or both.  
(4) Any person who, for the purpose of  
(a) deceiving the Registrar o r any other officer in the execution of his  or 
her duties under this Act; or  
(b) procuring or influencing the doing or omission of any act under this 
Act; 
makes a false statement or representation knowing the same to be false, commits an 
offence, and shall  be liable, on conviction, to a fine of not less than five thousand dollars 
and not exceeding twenty thousand dollars, or imprisonment for a term of not less than two 
years and not exceeding five years, or both.  Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  15 
Revision D ate: 31 Dec 2002  
29. Registrar’s annual report . 
The Registrar  shall, before 1st June every year, make an annual report to the 
Minister regarding the operation of this Act and the discharge of his  or her  functions under 
this Act.  
30. Regulations . 
The Minister may generally make regulations to give effect to the provi sions of this 
Act, and without prejudice to the generality of the foregoing, he  or she  may make 
regulations providing for any matter which is to be prescribed under this Act.  
31. Application of international treaties . 
The provisions of any international tr eaty in respect of Marks, Collective Marks, 
and Trade Names to which Saint Christopher and Nevis is a party shall apply to matters 
dealt with by this Act, and, in case of conflict with the provisions of this Act, shall prevail 
over the latter.  16 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
FIRST SCHED ULE  
TRADE MARKS RULES  
(Saved by section 19 of Interpretation Act, Cap. 1.02)  
PART I  – PRELIMINARY  
1. Short title. 
These Rules may be cited as the Trade Marks Rules.  
2. Classification of Goods . 
For the purposes of these rules goods are classified in the man ner appearing in 
Schedule  1 to these Rules . 
3. Determination of Doubts as to Classes . 
If any doubt arises as to what class any particular description of goods belongs to, 
the doubt shall be determined by the Registrar.  
4. Fees . 
The fees to be charged in pu rsuance of these rules are the fees specified in Schedule  
2 to these Rules . 
5. Registration . 
A trade mark or trade marks may be registered in pursuance of the same application 
by the same person in respect of all or any goods, subject to payment of the add itional fees 
specified in Schedule  2 to these Rules  in respect of the registration of different trade marks 
or the extension of the same trade mark to goods in different classes.  
PART II  – APPLICATION FOR REGI STRATION  
6. Statement and Declaration on Applic ation for Registration . 
(1) Any person , whether a British subject or an alien, desiring to register a trade 
mark, shall employ an agent with an address in the State for the purpose of making the 
application.  
(2) The application shall be accompanied by a st atement and a declaration as is 
hereinafter mentioned.  
7. Contents of Statement . 
The statement shall contain the following particulars : 
(a) the name and address and calling of the applicant;  
(b) the description or reference to a description of the trade ma rk to be 
registered;  Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  17 
Revision D ate: 31 Dec 2002  
(c) the class or classes of goods, being some one or more of the classes 
mentioned in schedule  1, and the particular description or 
descriptions of goods in such class or classes, with respect to which 
he or she  desires the trade mark to be registered; and  
(d) in the case of a trade mark already in use , a description of the goods 
in respect of which it has been used and the length of time during 
which it has been so used.  
8. Other Requisites of Statement . 
(1) The above statement must be ar a date and be signed by the applicant.  
(2) Subject to any other directions that may be given by the Registrar, the 
statement sent to the Registrar shall be upon foolscap paper, of a size of thirteen inches by 
eight inches, and shall have on the left -hand part thereof a margin of not less than one inch 
and a half.  
9. Description of Trade Mark . 
(1) Subject to any other directions that may be given by the Registrar, a 
description of a trade mark shall be given in writing and shall be accompanied, when 
pract icable, by a drawing or other representation in duplicate, not less than three inches 
square, on foolscap paper of the size aforesaid, or by a specimen of the trade mark, pasted 
or otherwise fastened on such paper.  
(2) When a drawing or other representatio n or specimen cannot be given in 
manner aforesaid, a specimen or copy of the trade mark may be sent, either of full size, or 
on a reduced scale, and in such form as may be thought most convenient.  
(3) The Registrar may, if dissatisfied with the representat ion of a trade mark, 
require a fresh representation, either before he  or she  proceeds with the application, or 
before he  or she  registers the trade mark.  
(4) The Registrar may also, in exceptional cases, deposit in such place as the 
Ministe r shall direct a  specimen or copy of a trade mark which cannot conveniently be 
placed on his or her register, and may refer thereto in his  or her  register in such manner as 
he or she thinks advisable.  
10. Requisites of Declaration . 
The declaration must be on foolscap pape r of the above -mentioned size and must 
verify the statement and declare that, to the best of the applicant’s knowledge and belief, 
he or she  is lawfully entitled to use the trade mark, and must be made and subscribed as 
hereinafter mentioned.  
11. Applicati on by a company . 
Where an application for the registration of a trade mark is made by or on behalf of 
a corporate or quasi -corporate body of persons, the statement and declaration shall be 
made by the secretary or other principal officer of the body of per sons, and the Registrar 
may require such proof as he  or she  thinks fit that the application made is duly authori sed 
by such body of persons.  18 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
12. Acknowledgment of Application . 
On receipt of the application the Registrar shall send to the applicant an 
ackno wledgment thereof.  
PART III  – ADVERTISEMENT OF APP LICATION AND NOTICE OF OPPOSITION  
13. Advertisement of Application . 
(1) As soon as may be after the receipt of an application made as provided by 
these rules, the Registrar shall forward the same or a copy thereof of the Ministe r for 
advertisement in the Gazette , and shall require the applicant or his or her agent to insert an 
advertisement thereof in the said Gazette during such time and in such form and generally 
in such manner as the Registrar may think d esirable, and stating the length of time during 
which the mark has been used.  
(2) For the purposes of such advertisement the applicant may be required to 
furnish a wood -block or electrotype of the trade mark of such dimensions as may from 
time to time be d irected by the Registrar, or such other information or means of advertising 
the trade mark as may be allowed by the Registrar.  
14. Notice of Opposition . 
A notice of opposition may be given by sending to the Registrar, together with the 
prescribed fee, a wr itten notice in duplicate, on foolscap paper of such size as aforesaid, 
stating the grounds of the opposition , and  the applicant’s counter statement in duplicate 
shall also be written on foolscap paper of such size as aforesaid.  
PART IV  – REGISTRATION OF T RADE MARK  
15. Time for Registration . 
On the expiration of three months from the date of the first appearance of the 
advertisement in the Gazette  the Registrar may, if he  or she  is satisfied that the applicant is 
entitled to registration, register the trade  mark in respect of the descrip tion of goods for 
which he or she may be entitled to be registered, and the applicant as the proprietor 
thereof, on payment of the prescribed fee.  
16. Entries to be made in Register . 
Upon registering any trade mark the Regist rar shall enter in the register the date on 
which the statement relating to the application for registration was received by the 
Registrar (which day shall be deemed to be the date of the registration) and such other 
particulars as he or she may think nece ssary including the name and address of the 
proprietor.  
17. Notice of Registration . 
The Registrar shall send notice to the applicant of the registration of his  or her  trade 
mark.  Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  19 
Revision D ate: 31 Dec 2002  
PART V – REGISTRATION OF SUBS EQUENT PROPRIETORS  
18. Rights of Assignee . 
The p erson to whom any registered trade mark has been assigned or transmitted 
may apply to be registered as proprietor thereof.  
19. Evidence of Assignment . 
When the trade mark has been assigned, the person claiming as assignee to be 
registered shall send to the  Registrar, with his or her application, an assignment by deed, 
executed by both the assignor and the assignee, and a declaration verifying such 
assignment.  
20. Evidence of Transmission . 
(1) Where a trade mark has been transmitted, the person applying as t he 
transmittee to be registered shall send to the Registrar, together with his  or her  application, 
a statement of the manner in which such trade mark has been transmitted, and a declaration 
verifying such statement.  
(2) Any transmittee may assign his  or he r interests in the mark, notwithstanding 
that he or she has not been registered as proprietor thereof.  
(3) When the person applying to be registered claims as the transmittee of any 
registered proprietor, or as the assignee of a transmittee, there shall be  produced to the 
Registrar the following evidence:  
(a) if the business concerned in the goods with respect to which the trade 
mark is registered is carried on in the State  or in England or Ireland, 
then 
 (i) if such transmission has taken place by the deat h of any person, 
there shall be produced the probate of the will of such deceased 
person, or the letters of administration to his or her estate, or an 
official extract therefrom; and  
 (ii) if such transmission has taken place by the marriage of a female 
proprietor, there shall be produced a certified copy of the 
register of such marriage, or other legal evidence of the 
celebration thereof, and a declaration of the identity of such 
female proprietor; and  
 (iii) if such transmission has taken place by the ban kruptcy of the 
registered proprietor, or otherwise by operation of law, there 
shall be produced to the Registrar such evidence as may for the 
time being be receivable as proof of the title of the applicant; 
and 
(b) where such business is not carried on in the State  or in England or 
Ireland there shall be produced similar evidence to that hereinbefore 
prescribed, or such evidence as would be received as sufficient 
evidence in the courts of justice in the country or place at which the 
proprietor carried on bu siness.  20 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
21. Declaration of assignee of transmittee . 
Every declaration made by an assignee or transmittee shall state his  or her  name and 
address, and that he  or she  is entitled to the goodwill of the business concerned in the 
goods with respect to which th e trade mark is registered, or to some part of such goodwill.  
22. Joint proprietors . 
Where two or more persons are registered as joint proprietors of the same registered 
trade mark, those proprietors, or the survivors or survivor of them, or their or his or her 
assignee or transmittee, shall alone be recogni sed by the Registrar as having any title to the 
mark.  
23. Separate proprietors . 
(1) Where divers persons claim to be severally entitled to the goodwill of a 
business concerned in the goods with respect t o which a trade mark has been registered, 
such persons, or any of them, may, if they all consent thereto, and on the production of the 
proper evidence, and on payment of the prescribed fee, be registered separately as separate 
proprietors of such trade mar k. 
(2) If all such persons so entitled do not so consent, the Registrar shall not, 
without leave of the court, register any of them as separate proprietors of such trade mark.  
PART VI  – ALTERATION AND RECTI FICATION OF REGISTER  
24. Alteration of address . 
If the registered proprietor of a trade mark sends to the Registrar, through an agent 
with an address in the State  together with the prescribed fee, notice of an alteration in his  
or her  address, the Registrar shall alter the register accordingly.  
25. Remova l of trade mark from register . 
The court may, on the application of any person aggrieved, remove any trade mark 
from the register on the ground, after the expiration of five years from the date of the 
registration thereof, that the registered proprietor is  not engaged in any business concerned 
in the goods with respect to which the trade mark is registered.  
26. Opposition to alteration of register . 
Any person may send, with the prescribed fee, notice to the Registrar through an 
agent with an address in the State  of his  or her  desire to oppose the registration of any 
assignee or transmittee, or any alteration of the register , and in every such case the 
proceedings shall be the same as in the case of a notice of opposition to the original 
registration of a tra de mark.  
27. Publication of alteration of register . 
Whenever the register is rectified or altered in any particular in respect to any trade 
mark, the Registrar shall, if he or she thinks that such rectification or alteration should be Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  21 
Revision D ate: 31 Dec 2002  
made public, at the e xpense of any person interested, publish, by advertisement or 
otherwise and in such manner as he or she thinks fit, the circumstances attending the 
rectification.  
PART VII  – INSPECTION OF REGIST ER 
28. Inspection of register . 
On such days and during such ho urs as the Registrar may from time to time 
determine, not being less than three hours on three separate days in a week, any person 
may, on paying the prescribed fee, inspect the register of trade marks , and  the days and 
hours for such inspection shall be S aturdays from 9 a.m. to 12 noon and other week -days 
from 9 a.m. to 3.30 p.m.  
PART VIII  – APPLICATION TO THE C OURT  
29. Application to the court . 
An application to the court under the Marks, Collective Marks and Trade Names 
Act and these rules may, subject t o Rules of court, be made by motion or by application in 
chambers, or in such other manner as the court may direct.  
30. Procedure in contested claims . 
When the Registrar refuses to comply with the claims of any persons, until their 
rights have been determi ned by the court, the manner in which the rights of such claimants 
may be submitted by the Registrar, or, if the Registrar so require, by the claimants, to the 
court shall, unless the court otherwise order, be by a special case , and such special case 
shall  be filed and proceeded with in like manner as any other special case submitted to the 
court or in such other manner as the court may direct.  
31. Settlement of special case . 
The special case may be agreed to by the parties, or, if they differ, may be settl ed by 
the Registrar.  
PART IX  – DECLARATIONS AND EVI DENCE  
32. Form of declaration . 
(1) The declarations required by these rules shall be made and subscribed in the 
United Kingdom under the Statutory Declarations Acts, 1835, (5 & 6 W. 4. c. 62.), and 
may be made and subscribed before any Justice of the Peace, or any commissioner or other 
officer authori sed by law in any part of the  United Kingdom to administer an oath for the 
purpose of any legal proceeding.  22 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(2) The declaration, when taken out of the United K ingdom , shall ; 
(a) if made in any other part of the British Empire, be made and 
subscribed before any court, judge, justice of the peace, or any officer 
authori sed by law to administer an oath there for the purpose of a 
legal proceeding; and  
(b) if made ou t of the British Empire, be made and subscribed before a 
British Minister, or person exercising the functions of a British 
Minister, or a Consul, Vice -Consul, or other person exercising the 
functions of a British Consul, or a notary public, or before a Jud ge or 
magistrate.  
(3) Any document purporting to have affixed, impressed or subscribed thereto 
or thereon the seal or signature of any person hereby authori sed to take such declaration, in 
testimony of such declaration having been made and subscribed befor e him  or her , may be 
admitted by the Registrar without proof of the genuineness of any such seal or signature or 
of the official character of such person or his or her authority to take such declaration.  
33. Substitutory evidence . 
In any case in which any person is required under the Marks, Collective Marks and 
Trade Names Act or these rules to make a declaration on behalf of himself  or herself  or of 
any body corporate, or any evidence is required to be produced to the Registrar, the 
Registrar, if satisfied  that from any reasonable cause such person is unable to make the 
declaration or that such evidence may be dispensed with, may, upon the production of such 
other declaration or evidence, and subject to such terms as he or she may think fit, dispense 
with a ny such declaration or evidence.  
35. Service of documents . 
Any application, statement, notice and document to be served on or sent to the 
Registrar shall be deemed to be properly addressed, if addressed to the Registrar of Marks, 
Collective Marks and Trade  Names at his or her office; and, if required to be served on or 
sent to the proprietor of any mark shall be deemed to be properly addressed, if addressed to 
the registered proprietor at his or her registered address.  
36. Forms . 
The forms set out in Schedu le 3 or such other forms as the Registrar may direct may 
be used in all cases to which they are applicable.  
SCHEDULE  1 TO THE REGULATIONS  
(Rule 2)  
CLASSES OF GOODS  
Class I  
Chemical substances used in manufactures, photography or philosophical research, 
and anti-corrosives.  Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  23 
Revision D ate: 31 Dec 2002  
Class II  
Chemical substances used for agricultural, horticultural, veterinary and sanitary 
purposes.  
Class III  
Chemical substances prepared for use in medicine and pharmacy.  
Class IV  
Raw or partly prepared vegetable, animal and mineral su bstances used in 
manufactures, not included in other classes.  
Class V  
Unwrought and partly wrought metals used in manufacture.  
Class VI  
Machinery of all kinds and parts of machinery, except agricultural and horticultural 
machines included in Class VII.  
Class VII  
Agricultural and horticultural machinery and parts of such machinery.  
Class VIII  
Philosophical instruments, scientific instruments and apparatus for useful purposes. 
Instruments and apparatus for teaching.  
Class IX  
Musical instruments.  
Class X  
Horol ogical instruments.  
Class XI  
Instruments, apparatus and contrivances, not medicated, for surgical or curative 
purposes or in relation to the health of men or animals.  
Class XII  
Cutlery and edged tools.  
Class XIII  
Metal goods not included in other classes.  
Class XIV  
Goods of precious metals (including aluminium, nickel, Britannia metal, etc.) and 
jewellery and imitations of such goods and jewellery.  24 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
Class XV  
Glass.  
Class XVI  
Porcelain and earthenware.  
Class XVII  
Manufactures from mineral and other substances  for building or decoration.  
Class XVIII  
Engineering, architectural and building contrivances.  
Class XIX  
Arms, ammunition and stores not included in Class XX.  
Class XX  
Explosive substances.  
Class XXI  
Naval architectural contrivances and naval equipment not  included in Classes XIX 
and XX.  
Class XXII  
Carriages.  
Class XXIII  
(a) Cotton yarn and sewing cotton not on spools or reels.  
(b) Sewing cotton on spools or reels.  
Class XXIV  
Cotton piece goods of all kinds.  
Class XXV  
Cotton goods not included in Classes XX III, XXIV or XXXVIII.  
Class XXVI  
Linen and hemp yarn and thread.  
Class XXVII  
Linen and hemp piece goods.  
Class XXVIII  
Linen and hemp goods not included in Classes XXVI, XXVII and L.  Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  25 
Revision D ate: 31 Dec 2002  
Class XXIX  
Jute yarns and tissues and other articles made of jute, not inc luded in Class  L. 
Class XXX  
Silk, spun, thrown or sewing.  
Class XXXI  
Silk piece goods.  
Class XXXII  
Other silk goods, not included in Classes XXX and XXXI.  
Class XXXIII  
Yarns of wool, worsted or hair.  
Class XXXIV  
Cloths and stuffs of wool worsted or hair.  
Class XXXV  
Woollen, worsted and hair goods not included in Classes XXXIII and XXXIV.  
Class XXXVI  
Carpets, floor cloth and oil cloth.  
Class XXXVII  
Leather, skins unwrought, and wrought, and articles made of leather, not included 
in other classes.  
Class XXXVI II 
Articles of clothing.  
Class XXXIX  
Paper (except paper hangings), stationery, bookbinding.  
Class XL  
Goods manufactured from india -rubber and gutta percha, not included in other 
classes.  
Class XLI  
Furniture and upholstery.  
Class XLII  
Substances used as fo od or as ingredients in food.  26 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
Class XLIII  
Fermented liquors and spirits.  
Class XLIV  
Mineral and aerated waters, natural and artificial, including ginger beer.  
Class XLV  
Tobacco, whether manufactured or unmanufactured.  
Class XLVI  
Seeds for agricultural and horticultural purposes.  
Class XLVII  
Candles, common soap, detergents; illuminating, heating or lubricating oils; 
matches and starch, blue and other preparations for laundry purposes.  
Class XLVIII  
Perfumery (including toilet articles, preparations for the t eeth and hair and 
perfumed soap).  
Class XLIX  
Games of all kinds and sporting articles not included in other classes.  
Class L  
1. Goods manufactured from ivory, bone or wood, not included in other 
classes.  
2. Goods manufactured from straw or grass, not inclu ded in other classes.  
3. Goods manufactured from animal and vegetable substances, not included in 
other classes.  
4. Tobacco pipes.  
5. Umbrellas, walking sticks, brushes and combs.  
6. Furniture cream, plate powder.  
7. Tarpaulins, tents, rick -cloths, rope, t wine.  
8. Buttons of all kinds other than of precious metal or imitations thereof.  
9. Packing and hose of all kinds.  
10. Goods not included in the foregoing classes.  Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  27 
Revision D ate: 31 Dec 2002  
SCHEDULE  2 TO THE RULES  
(Rule 4) 
FEES  
The following fees shall be payable to the Registrar  on or for the following 
occasions or purposes  
 Item $ ¢ 
1. On application to register a trade mark or service mark for one or more 
article included in one class  ................................ ................................ ................................ ....  500.00  
2. On application to register more than one trade mark or service mark for one 
or mor e articles included in one class, for each additional trade mark or 
service mark after the first  ................................ ................................ ................................ ......  300.00  
3. On application to register a trade mark or service mark in respect of goods 
in different classes, for every class after the first to which such tra de mark 
or service mark is extended, an additional fee of  ................................ ................................ ....  50.00  
4. For registration of one trade mark or service mark  ................................ ................................ .  240.00  
5. Where the same person is registered at the same time for more than one 
mark, for registration of each additional mark after the first  ................................ ...................   100.00  
6. Where the same person is registered at the same time for the same trade 
mark or service mark in respect of goods in different classes for the 
registration of one mark in each class after the first, an additional fee of  ...............................   30.00  
7. For entering notice of opposition  ................................ ................................ ............................   250.00  
8. For registering subsequent proprietor  ................................ ................................ .....................   240.00  
9. For altering address on the register  ................................ ................................ .........................   60.00  
10. For every entry in the register of a rectification thereof or an alteration 
therein, not otherwise charged  ................................ ................................ ................................   120.00  
11. For continuance of mark at the expiration of fourteen years  ................................ ...................   400.00  
12. Additional fee where a fee is paid within three months after expiration of 
fourteen years  ................................ ................................ ................................ ..........................   240.00  
13. Additional fee for the restoration of trade mark, or service mark when 
remo ved for non -payment of fee  ................................ ................................ .............................   400.00  
14. For certificate  ................................ ................................ ................................ ..........................   240.00  
15. For inspecting register, for every quarter of an hour fifteen minutes  ................................ ......  15.00  
16. For office copy of document, $1.50 per folio but never less than certified 
copy of Document  ................................ ................................ ................................ ...................   15.00  
17. Settling a special case by Registrar  ................................ ................................ .........................   400.00  
[Substituted by SRO No. 33 of 1998]  28 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
SCHEDULE  3 TO THE R ULES  
                                                              (Rule 36)  
FORM A  
Form of statement on application for registration of one trade mark  
I ................................ ................................ ..... , of ................................ ................................ .. , 
apply to be registered as proprietor of trade mark and  ................................ ................................ ...........   
which is represented in the paper annexed hereto.  
I desire that the said trade mark may be registered in respect of the description of goods 
following, contained in Class  ................................ ..........  , that is to say,  ................................ ...............   
I have used the said trade mark in respect of the said goods for  ................................ ..... years  
before the date of this statement.  
The .......................................... day of .......................................... 20......................  
 ............................ ................................................  
 (Signature .) 
FORM B  
Form of statement on application for registration of more than one trade mark  
I ................................ ................................ ..... , of ................................ ................................ .. , 
apply to be registered as proprietor of the following trade marks, numbered  
from “1” to   ................................ ................................ ................................ ................................ ............   
The t rade marks, numbered, are described as follows, that is to say,   ................................ ....  
No. 1 is   ................................ ................................ ................................ .....  and is represented  
on Paper 1 annexed hereto.  
No. 2 is  ................................ ................................ ................................ ....... and is represented    
on Paper 2 annexed hereto.  
I desire that the said trade marks may be registered in respect of the de scriptions of goods 
following, that is to say,   ................................ ................................ ................................ ........................   
As to No. 1, in respect of the following goods contained in Class  ................................ .. , viz: 
As to No. 2, in respect of the following goods contained in Class  ................................ ... ,viz: 
I have used the trade marks numbered respectively  ................................ ..........................  and 
 ................................ ................................ ......................  in respect of the goods for which I desire them  
to be registered for  ................................ ................................ .... years before the date of this statement.  
The .......................................... day of .......................................... 20......................  
 ......................... ...................................................  
 (Signature .) Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  29 
Revision D ate: 31 Dec 2002  
FORM C  
Form of declaration to accompany statement on application for registration of trade mark  
I, ................................ ................................ .... , of  ................................ ................................ . , 
do hereby solemnly and sincerely declare, to the best of my knowledge and belief,  as follows:  
(1) The statement signed by me and dated the  ..........................  day of  ................................ ...  
and marked with the letter “A” and shown to me at the time of making this declaration is true.  
(2) The description of the trade mark in such statement is a true description of the trade 
mark for the registration of which I apply.  
(3) I am lawfully entitled to the use of the trade mark of which the said description is a 
true description.  
 ............................................................................  
 (Signature .) 
Declared before me [etc.].  
FORM D  
Form of assignment of trade mark  
Trade mark, Class  ................................ ................................ ................................ ......No.  ......................   
Name   ................................ ................................ ................................ ................................ .....................   
Place of business  ................................ ................................ ................................ ................................ ...  
I, ................................ ................................ .... , of  ................................ ................................ . , 
being registered proprietor of the trade mark ab ove particularly described, in  consideration  
of ................................ ..............................  dollars paid to me by  ................................ ...............  carrying  
on bu siness at  ................................ .... in ................................ .. under the firm of  ................................ .. , 
hereby assign the said trade mark to the said ................................ ...............................  together with the  
goodwill of the business concerned in the goods with respect to which the trade mark is registered.  
It witness whereof I have hereunto subscribed my name and affixed my  
seal, this  ................................ ................  day of  ................................ ...........  , 20 ................................ ... . 
 ............................................................................  
 (Signature and Seal ). 
Executed by the above -named   ................................ ................................ ...............................   
in the presence of  ................................ ................................ ................................ ................................ ...  
Executed by the above -named  ................................ ................................ ................................   
in the presence of  ................................ ................................ ................................ ................................ ...  
FORM E  
Declar ation by transmittee applying to be registered as proprietor  
Trade mark.  ................................ .............. Class  ................................ .......................  No. .......................   
Name of owner   ................................ ................................ ................................ ................................ ......  
Firm   ................................ ................................ ................................ ................................ .......................   
Place of business   ................................ ................................ ................................ ................................ ...  30 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
(1) I, the undersigned,   ................................ ................................ ................................ ...........    
of  ................................ ................................ ................................ ................................ ......................  , in 
the  ................................ ................................ ................................ ................................ .........................   
 ................................ ................................ ..................   of ................................ ................................ ........   
carrying on business at  ................................ ................................ ................................ ........................  in 
the ................................ ................................ ..............  of ................................ ...........  declare as follows:  
I declare that  ................................ ................................ ................................ ...... the reg istered  
proprietor of the trade mark above descr ibed, [died at  .............................  in the  ................................ ...  
of  ................................ ................................ ....... having   ................................ ................................ .......  
first made his  or her  Will dated the   ...............................   day of  ................................ ...........................  , 
whereby he  or she  appointed me executor, and I proved (or confirmed) his or her said Will on  
the ................................ ................................ ....... day of  ................................ .....................  in the Court  
of  ................................ ...... ] [or died at  ................................ ....................  in the  ................................ ...  
of ................................ ................  on the  ................................ ...................  day of  ................................ .. ,  
intestate, and letters of administration of his  or her  estate and effects were (confirmation  
as executor of the said  ................................ ................................ ................................ .....................  was)  
on the  ................................ ................................ .. day of  ................................ ...... duly granted to me by  
the court of  ................................ ................................ . ]; 
or, 
I declare, that  ................................ ................................ ..............  , the registered pr oprietor of  
the trade mark above described, was, on the  ................................  day of  ................................ ...............   
duly [adjudged a bankrupt], and that I was on the  ........................  day of  ................................ ..............  , 
appointed trustee of the estate of the said  ................................ ................................ .......................  and I  
am by law entitled to be registered as proprietor of the said trade mark in  
place of the said  
or 
I declare that on the  ................................ .day of   ................................ ................................ ...................  I 
inter-married with and am now the husband of  ................................ ................................ .....................  , 
the registered proprietor of the trade mark above described; and I declare that  
on such marriage the interest of the said  ................................ ................................ .......................  in the  
said trade mark and in the goo dwill of the business concerned in the goods in  
respect to which the trade mark is registered became by law vested in me, and that  
I am entitled to be registered as owner of the said  trade mark in the place of the  
said ................................ ................................ ...........  ; and I declare that  ................................ ...............   
is the person  referred to in the annexed certificate.  
(2) I am lawfully entitled to the goodwill of the business concerned in the goods with 
respect to which the trade mark so transmitted to me is registered.  
And I make this solemn declaration believing the same to b e true.  
 ............................................................................  
 (Signature ) 
 Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  31 
Revision D ate: 31 Dec 2002  
Dated at ................................ ........  the ..............  day of   ...............................  20 ......................  . 
Made and subscribed by the above -named   ................................ ................................ ............   
in the presence of me  
 ............................................................ ................  
 (Signed ) 
[Name of Registrar  
or Justice of the Peace.]  
SECOND SCHEDULE  
REGISTRATION OF UNITED KINGDOM  TRADE MARKS RULES  
(Saved by section 19 of th e Interpretation Act, Cap., 1.02)  
1. Short Title . 
These Rules may be cited as the Registr ation of United Kingdom Trade Marks 
Rules.  
2. Renewal of Registration . 
(1) The renewal in the United Kingdom of the registration of a Trade Mark shall 
be notified to the Registrar by the registered proprietor thereof in writing not later than 
three months after the expiration of the period fixed by section 14 of the Registration of 
United Kingdom Trade Marks Act.  
(2) The registered proprietor shall at the same time forward to the Registrar a 
certificate of the renewal of the registration of the Trade Mark s igned by the Comptroller 
General of the United Kingdom Patent Office.  
(3) Upon the renewal of such registration a notice to that effect shall be sent by 
the Registrar to the registered proprietor or his  or her  agent.  
3. Assignment of Interest, etc. 
Any per son who, by assignment or other form of transfer, becomes entitled to the 
privileges and rights conferred by a certificate of registration and who desires to have his 
or her name entered on the register as subsequent registered proprietor shall make 
applic ation in writing to that effect to the Registrar and such application shall be 
accompanied by a certificate of the Comptroller General of the United Kingdom Patent 
Office of the assignment or other mode of transfer thereof.  
4. Application by Non -Resident . 
Where the applicant for registration, renewal of registration, or registration of 
assignment of a United Kingdom Trade Mark does not reside in the State , he or she  shall 
employ, for the purpose of making the application and of doing all things necessary fo r 
obtaining the registration of the Trade Mark, an agent resident in the State , whose name 
and address shall be endorsed by him or her on the application.  32 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
5. Forms  
The forms set out in Schedule  1 to these Rules  or such other forms as the Registrar 
may dire ct shall be used in all cases to which they are applicable.  
6. Fees . 
The fees set out in Schedule  2 shall be charged in respect of the various items 
therein set out and shall be paid by the applicant or his or her agent to the Registrar who 
shall pay the s ame into the Treasury as soon as possible after the receipt thereof.  
SCHEDULE  1 TO THESE R ULE S 
(Rule  5) 
FORM A  
STATE OF SAINT CHRISTOPHER AND NEVIS  
The Registration of United Kingdom Trade Marks Act  
APPLICATION FOR REGISTRATION OF TRADE MARK  
Application is  hereby made by  ................................ ............  of ................................ ...............   
the registered proprietor of Trade Mark No.  .........................  registered in Class  ................................ ...  
in respect of  ................................ ................  under the Trade Marks Act, 1938, of the United Kingdom , 
for the registration in the State  of the same in respect of  ................................ ................................ .......  
A certified representation of the Trade  Mark together with a certificate of the  
United Kingdom Registrar of Trade Marks are submitted herewith.  
Dated this .......................................... day of .......................................... 20................... ... 
To the Registrar of  Trade Marks.  
 ................................ ................................ ..........   
 ................................ ................................ ..........   
FORM B  
STATE OF SAINT CHRISTOPHER  AND  NEVIS  
The Registration of United Kingdom Trade Marks Act.  
No. ................................ ...........   
CERTIFICATE OF REGISTRATION.  
I HEREBY CERTIFY that the United Kingdom Trade Mark No  ................................ ..........   
shown above and registered in Part A (or B) of the United Kingdom Register  
in the name of  .........................  in Class  ........................  as of the date of  ................................ ...............   
20 .............  in respect of  ................................ ..................  has this day been registered in the State  under  
the provisions of the above Act.  Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  33 
Revision D ate: 31 Dec 2002  
Dated this .......................................... day of ......................... ................. 20......................  
 ............................................................................  
 Registrar of Trade Marks  
Registrar’s Office  
 ................................ ................................ .........   
 ................................ ................................ .........   
FORM C  
STATE  OF SAINT CHRISTOPHER AND NEVIS  
The Registration of United Kingdom  Trade Marks Act  
APPLICATION FOR REGISTRATION OF REGISTERED USER.  
Application is hereby made by  ................................ ...........  of ................................ ................   
who under section 28 of the Trade Marks Act, 1938 (Imperial) is entered in the  
United Kingdom Register of Trade Marks as a registered user of Trade Mark  
No. ........................... registered in Class  .............................  in respect of  ................................ ................   
and in respect of  which said trade mark a certificate of registration is in force,  
to be registered in the State  as a registered user of the abovenamed registered  
trade mark subject to the following conditions and rest rictions:  
The proposed permitted use is to end on the  ................  day of  ...........................  20.................   
The proposed permitted use is without limit of period.  
A certificate of the United Kingdom Registrar of Trade Marks as required  
by section 12 of the Registration of United Kingdom Trade M arks Act, is  
submitted herewith.  
Dated this .......................................... day of .......................................... 20................... ... 
To the Registrar of Trade Marks.  
................................ ................................ ..........   
................................ ................................ ..........   
FORM D  
STATE  OF SAINT CHRISTOPHER  AND  NEVIS  
The Reg istration of United Kingdom  Trade Marks Act  
NOTICE OF REGISTRATION OF REGISTERED USER  
TAKE NOTICE that  ................................ .. of ................................ ...... who under section 28  
of the Trade Marks Act, 1938 (Imperial) is entered in the United Kingdom Register  
of Trade Marks as a registered user of Trade M ark No .  ................................ ...................   registered in  
Class  ................................ ..........................  in respect of  ................................ .............  has this day been  
registered in the State  as a registered  user of the said Trade Mark subject to the following conditions 
and restrictions:  34 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
Dated this .......................................... day of .......... ................................ 20......................  
 ............................................................................  
 Registrar.  
To 
FORM E  
STATE  OF SAINT CHRISTOPHER AND NEVIS  
APPLICA TION FOR TRANSFER OF TRADE MARK  
Application is her eby made by  ...............................  of ................................ ....................  to be  
entered on the register as subsequent registered proprietor of United Kingdom Trade Mark  
No. ................................ ...... registered in Class .................  in respect of   ................................ ..............   
I am (or We are) entitled to the said Trade Mark by virtue of   ................................ ...............   
 ................................ ................................ ................................ ................................ ...............................   
A certificate of the United Kingdom Re gistrar of Trade Marks as to the  
registration of the applicant(s) as registered proprietor(s) of the said Trade Mark  
is submitted herewith.  
Dated this .......................................... day of .......................................... 20....... ...............  
To the Registrar of Trade Marks.  
 ................................ ................................ ..........  
 ................................ ................................ ..........  
FORM F  
STATE  OF SAINT CHRISTOPHER  AND  NEVIS  
NOTICE OF REGISTRATION OF SUBSEQ UENT PROPRIETOR  
TAKE NOTICE that  ................................ ..............  of  ................................ .........  has this day  
been entered in the register as subsequent registered proprietor of Unite d Kingdom Trade Mark  
No. ................................ ...... registered in Class  ................  in respect of  ................................ ...............   
Dated this .......................................... day of .......................................... 20................... ... 
 ................................................................ ............  
 Registrar of Trade Marks.  
To Laws of Saint Christopher 
and Nevis  Marks, Collective Marks and  
Trade Names Act  Cap 18.22  35 
Revision D ate: 31 Dec 2002  
FORM G  
STATE  OF SAINT CHRISTOPHER  AND  NEVIS  
NOTICE OF RENEWAL OF REGISTRATION OF TRADE MARK IN THE UNITED KINGDOM  
I (or We)  ................................ ....................  of ................................ .... hereby give you notice  
that the United Kingdom Trade Mark No.  ................  registered in Class  ................................ ................   
in respect of  ................................ .......................  of which I am (or We are) the registered proprietor(s)  
in the State  was renewed in the United Kingdom on the  .............. day of   ..........................  20 ................   
and transmit herewith the prescribed fee for the renewal of the registration thereof.  
Dated this ....................... ................... day of .......................................... 20......................  
To the Registrar of Trade Marks.  
 ................................ ................................ .........   
 ................................ ................................ .........   
FORM H  
STATE  OF SAINT CHRISTOPHER AND NEVIS  
NOTICE OF RENEWAL OF REGISTRATION OF TRADE MARK IN THE STATE  
TAKE NOTICE th at the registrati on of United Kingdom Trade Mark No.............................   
regis tered in Class  ................................ ..... in respect of  ................................ ................................ ........  of 
which you are the registered proprietor has this day been renewed in the State . 
Dated this .......................................... day of ....................... ................... 20......................  
 ............................................................................  
 Registrar of Trade Marks.  
SCHEDULE  2 TO THE RULES  
(Rule 6) 
FEES  
The following fees shall be payable to the Registrar in respect o f the various items 
therein set out.  
  $ ¢ 
1. On application for registration  ................................ ................................ ................................ ..  200.00  
2. Certificate of registration of one trade mark or service mark  ................................ ....................   100.00  
3. For each additional trade mark, or service mark after the first, granted upon 
the same appl ication  ................................ ................................ ................................ ..................   50.00  
4. Where the certificate of registration is for a trade mark or service mark in 
respect of goods in different classes, for every class after the first and 
additional fee of  ................................ ................................ ................................ ........................   25.00  
5. Registering subsequent proprietor  ................................ ................................ .............................   100.00  
6. For alteri ng address in register  ................................ ................................ ................................ ..  25.00  36 Cap 18.22  Marks, Collective Marks and  
Trade Names Act  Laws of Saint Christopher 
and Nevis  
Revision Date: 31 Dec 2002  
  $ ¢ 
7. For every entry in the register of a rectification thereof or an alteration 
therein, not otherwise charged  ................................ ................................ ................................ ..  50.00  
8. For every entry of renewal of registration of trade mark or service mark  ................................ .  200.00  
9. For office copy of document, $2.00 per folio, subject to a minimum of  ................................ ...  15.00  
10. For certified copy of document, $3.00 per folio subject to a minimum of  ................................   25.00  
11. For inspecting register, for every quarter of an hour or part thereof  ................................ .........   15.00  
[Substituted by SRO 32/1998]