WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/VCT/T/1 
30 November 2009 
 (09-6021) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
SAINT VINCENT AND THE GRENADINES 
   The present document reproduces the text
1 of the Trade Marks Act No . 46 of 2003, as notified 
by Saint Vincent and the Grenadines on 14 Octobe r 2009 under Article 63.2 of the Agreement (see 
document IP/N/1/VCT/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SAINT-VINCENT-ET-LES GRENADINES 
  
 Le présent document contient le texte
1 de la Loi n° 46 de 2003 sur les marques de fabrique ou 
de commerce, notifié par Saint-Vincent-et-les Grenadines le 14 octobre 2009 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/VCT/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
SAN VICENTE Y LAS GRANADINAS 
 
  En el presente documento se reproduce el texto
1 de la Ley de Marcas de Fábrica o de 
Comercio N° 46 de 2003, notificado por San Vicente y las Granadinas el 14 de octubre de 2009 en virtud del párrafo 2 del artículo 63 del Acue rdo (véase el documento IP/N/1/VCT/1). 
                                                     
 
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/VCT/T/1 
Page 2  
 
   
 
SAINT VINCENT AND THE GRENADINES 
 
TRADE MARKS ACT, 2003 
 
[Act No. 46 of 2003 as amended by Act. No. 50 of 2004 - Unofficial Consolidation] 
 
 
ARRANGEMENT OF SECTIONS  
 
 SECTION 
 
1. Short title and commencement  
 
PART 1 
 
PRELIMINARY 
 
 2. Interpretation 
3. Authorised use of a trade mark 
4. Use of trade mark  
 
PART 2 
 
TRADE MARKS AND TRADE MARK 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 registered trade mark  
  IP/N/1/VCT/T/1 
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  PART 3 
 
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 application of Trade Marks  
17. Right to appeal  
18. Deferment of acceptance  
19. Lapsing of application  
20. Revocation of acceptance  
21. Grounds for rejecting application  
22. Trade mark that cannot be represented graphically  
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 confusion  
26. Identical trade marks  
 
PART 4 
 
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 part of trade mark  
30. Divisional application for registration of trade mark in respect of some goods  
31. Filing date  
 IP/N/1/VCT/T/1 
Page 4  
 
  PART 5 
 
APPLICATION FOR REGISTRATION OF SERIES OF TRADE MARKS 
 
 32. Application for registration of series of trade marks  
 
PART 6 
 
OPPOSITION TO REGISTRATION 
 
 
33. Opposition  
34. Circumstances in which opposition may proceed in  name of a person other than a person who 
 filed the notice  
35. Opposition proceedings  
36. Decision of the Registrar  
37. Appeal  
 
PART 7 
 
GROUNDS FOR OPPOSING REGISTRATION 
 
 
38. Opposition to registration of trade mark  
39. Application not intending to use trade mark  
40. Trade mark similar to trade mark that has acquired a reputation in Saint Vincent and the 
 Grenadines  
41. Trade mark containing or consisting of a false geographical indication  
42. Application defective  
 
PART 8 
 
AMENDMENT OF APPLICATION FOR REGISTRATION OF A TRADE MARK  
AND OTHER DOCUMENTS 
 
 43. Amendment of application for registration of trade mark  
44. Amendment before particulars of application are published  
45. Amendment after particulars of a pplication have been published   IP/N/1/VCT/T/1 
 Page 5 
 
 
  46. Amendment of other documents  
47. Appeal of decision on amendment  
 
PART 9 
 
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 expires  
60. Status of unrenewed trade mark  
 
PART 10 
 
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  
 IP/N/1/VCT/T/1 
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  PART 11 
 
AMENDMENT AND CANCELLATION OF REGISTRATION - ACTION BY COURT 
 
 65. Amendment to correct error or omission  
66. Amendment or cancellation on ground of contravention of condition  
67. Amendment or cancellation - loss or ex clusive 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 12 
 
REMOVAL OF 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 Register if application unopposed  
78. Trade mark restored to Register if noti ce of opposition filed w ithin 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 applicati on, localised use of trade mark  
83. Register to comply with order of court  
84. Appeal  
85. Certificate of use of trade mark  
  IP/N/1/VCT/T/1 
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  PART 13 
 
ASSIGNMENT AND TRANSMISSION OF TRADE MARKS 
 
 86. Assignment of trade mark  
87. Applications for record to be made of assignmen t of trade mark whose registration is sought  
88. Recording of assignment of trade mark whose registration 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 r ecorded as claiming interest in trade mark  
 
PART 14 
 
VOLUNTARY RECORDING OF CLAIMS TO INTERESTS IN AND  
 
RIGHTS IN RESPECT OF TRADE MARKS 
  
92. Object of Part  
93. Application to have claims to interest recorded  
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 recorded  
98. Record of claims to interest  
99. Regulations for the amendment a nd cancellation of particulars  
 
PART 15 
 
INFRINGEMENT OF TRADE MARKS 
 
 
100. Infringement 
101. Infringement of trade mark by breach of certain restrictions 
102. Exceptions to infringement of trade mark IP/N/1/VCT/T/1 
Page 8  
 
  103. Goods to which a registered trade mark has been  applied by or with consent of registered 
 owner 
104. Prior use of indentical trade mark 
105. Action for infringement to be brought before Court 
106. Relief to be obtained from Magistrate’s Court 
107. Special case where claimant  not entitled 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 16 
 
IMPORTATION OF GOODS INFRINGING VINCENTIAN TRADE MARKS 
 
 111. Notice of objection to importation  
112. Comptroller may seize good infringing trade mark  
113. Notice of seizure  
114. Forfeiture of goods  
115. Release of goods to owner where no action for infringement  
116. Action for infringement of trade mark  
117. Action for infringement by authorised user  
118. Disposal of forfeited goods  
119. Power of Comptroller to re tain control of goods  
120. Insufficient security  
121. Government not liable for loss suffered because of seizure  
122. Power to require information  
  IP/N/1/VCT/T/1 
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  PART 17 
 
OFFENCES 
 
 123. Falsfying, 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 marks  
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 marks matters  
133. False representation about Commerce and Intellectual Property Office  
134. Employee not to prepare documents  
135. Conduct of directors, servants and agents  
 
PART 18 
 
COLLECTIVE TRADE MARKS 
 
 
136. Application and definition  
137. Application for registration  
138. Limitation on rights given by registered collective trade mark  
139. Assignment etc. of collective trade mark  
140. Infrigement of collective trade mark  
 IP/N/1/VCT/T/1 
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  PART 19 
 
CERTIFICATION TRADE MARKS 
 
141. Interpretation  
142. Rights given by registration of a trade certification trade mark  
143. Rights of persons allowed to use certification 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 order and rules 
 
PART 20 
 
DEFENSIVE TRADE MARKS 
 
 
154. Defensive trade marks 
155. Application of Act 
156. Additional grounds for rejecting application for registration or opposing registration 
157. Amendment or cancellation of registration by order of corut 
158. Cancellation of registration by Registrar  IP/N/1/VCT/T/1 
 Page 11 
 
 
   
PART 21 
 
JURISDICTION AND POWERS OF COURTS 
 
 
159. Jurisdiction of the High Court 
160. Transfer of proceedings 
161. Appeals 
162. Registrar may appear in appeals 
163. Powers of Court 
 
PART 22 
 
ADMINISTRATION 
 
 
164. Registrar of Commerce and Intellectual Property Office 
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 functions  
 
PART 23 
 
THE REGISTER AND OFFICIAL DOCUMENTS 
 
 
170. The Register  
171. Register may be kept on computer  
172. Register  
173. Certified copies of documents  
 IP/N/1/VCT/T/1 
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  PART 24 
 
MISCELLANEOUS 
 
 174. Making and signing applications  and filing of documents  
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 Registrar  
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  
190. Regulations  
191. Repeal  
192. Transitional  
 
 
  IP/N/1/VCT/T/1 
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SAINT VINCENT AND THE GRENADINES 
 
ACT NO. 46 OF 2003 
 
 
I ASSENT 
 
  
  DR.FREDERICK BALLENTYNE  [L.S.]     Governor-General    30
th December, 2003  
 
 
 AN ACT  to repeal and replace the Registration of United Kingdom Trade Marks Act (Cap. 113) and 
the Merchandise Marks Act (Cap. 106) and to pr ovide for the promotion and protection of 
Trade Marks and for related matters.  
 
  [30
th December, 2003]  
  BE IT ENACTED  by the Queen’s Most Excellent Majesty, by and with the advice and 
consent of the House of Assembly of Saint Vincen t and the Grenadines and by the authority of the 
same as follows:  
 
Short title and commencement 
 
1. 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 different purposes.  
 
PART I 
 
PRELIMINARY 
 
 
Interpretation 
 
2. (1)  In this Act  
 “applicant” means the person in whose name an application is for the time being proceeding;  
 
 “approved form” means a form approved by th e Registrar of the Commerce and Intellectual 
  Property;  
 “assignment” in relation to a trade mark means an assignment by act of the parties  concerned;  
 IP/N/1/VCT/T/1 
Page 14  
 
  “attorney at law” means a person duly admitted and entitled to practise law in Saint Vincent 
 and the Grenadines;   “authorised user of trade mark” means a pers on who uses the trade mark under the control of 
 the owner of the trade mark;  
 
“authorised use of a trade mark” means the use of the trade mark  to the extent only that the 
 user uses the trade mark under the contro l of the owner of the trade mark ;  
 “Comptroller” means the Comptroller of Cust oms appointed under the Customs (Control and 
 Management) Act 1999;  
 “Convention Country” means a country which is a party to the Paris Convention for the  Protection of Industrial Property 1883;   
“Court” means High Court;  
 “covering” includes packaging, frame, wra pper, container 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 taken effect under section 52;  
 “designated owner” in relation to goods impor ted 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;  
 
“existing registered trade mark” means a mark  that was registered under Registration of 
 United Kingdom Trade Marks Act Cap. 113 a nd whose registration is due to expire 
 after the coming into force of this Act;   “file” means to lodge with the Commerc e and Intellectual Property Office;  
 
“filing date” means  
 
 (a) in relation to an application for the registration of a trade mark other than a 
  divisional application, 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 rela tion to goods originating in a par ticular country or in a region 
or locality of that country, means a sign recognised in that country as a sign 
indicating 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 d ealt with or provided by the person in the course of trade;  
  IP/N/1/VCT/T/1 
 Page 15 
 
 
  “label” includes a band or ticket;  
 “limitations” means limitations of the exclusiv e right to use a trade mark given by the 
registration of the trade mark including limitations of that right as to  
 
(a)  mode of use; or  
 (b)  extent of use in Saint Vincent and the Grenadines;   (c)  use in relation to goods or services to be exported;  
 
“Minister” means the Minister with responsibility for Intellectual Property;   “notified trade mark” means a trade mark in resp ect of a notice under section 1 is in force;  
 
“objector” in relation to seized goods, mean s any person who has given a notice under 
 section 33 that is in force;   “official journal” means a publication issued by or at the direction of the Commerce and 
 Intellectual property Office containing the ma tters that are required by this Act to be 
 advertised and included advertisement in the Gazette;  
 
“old register” means the Register of Trade Marks kept under the Registration of United  Kingdom Trade Marks Act;   “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 pers on in whose name the notice of opposition 
is taken to have been filed;  
 
“originate” in relation to wine, has the meaning given by section 2 (7) (1) (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 w ho 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 person 
before it was assigned or transmitted to th e first-mentioned person, that other 
person or any one of those other persons; or  
 (b)  if paragraph (a) does not apply, th e person who assigned the trade mark, or 
from whom the trade mark was transmitte d, to the first-mentioned person;  
 
“priority date” has the meaning given by section 2 (6);  
 “Register” means the Register of Trade Marks kept under section 170;   IP/N/1/VCT/T/1 
Page 16  
 
  “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 w hose particulars are entered in the Register 
under this Act;  
 
No. 43 of 2003  
 
“Registrar” means the Registrar of Commerce and Intellectual Property designated under the 
Commerce and Intellectual Property Office Act;  
 
“registration number” in relation to a regist ered 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, num eral, device, brand, heading, label, ticket, 
aspect of packaging, shape, colour or sound and any combination thereof;  
 
“State” means the state of Sain t Vincent and the Grenadines;  
 “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 provided by any other person;  
 “transmission” means  
 
(a)  transmission by operation of law; or   
(b)  devolution on the personal representative of a deceased person; or  
 (c) any other kind of transfer except assignment;  
 
“use of trade mark in relation to goods” means u se of the trade mark upon, or in physical or 
other relation to, the goods , including secondhand 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, impressed 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, label, 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   IP/N/1/VCT/T/1 
 Page 17 
 
 
   
(ii)  used in a manner likely to lead persons to believe that it refers to, 
describes or designates the goods or services; and  
 
(c) a trade mark is taken also to be app lied in relation to goods or services if it is 
used  
 
(i) in an advertisement including an advertisement by electronic means;   (ii) in an invoice, wine list, catalogue, business letter, business paper, 
price list or other commercial document;  
 
and goods are delivered, or services provided, as the case may be, to a person following a request or order made by refe rring to the trade mark as so used.  
 
 (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 registrati on 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 allowed for the appeal; 
or  
 (c)  the Registrar refuses  to register the trade mark; and  
 
(i)  there is an appeal against the decision; and   
(ii)  the decision is confirmed on appeal;  
    the day on which the decision is confirmed on appeal; or     (d)  the trade mark is registered.  
 
  (2)  An application for the registration of a trade mark under the Registration of United Kingdom Trade Marks Act Cap. 113 is pending  if immediately before the commencement date 
of this Act the application had not been withdrawn;    (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 registration 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 would be the 
date of registration of the trade mark in respect of those goods or services if 
the trade mark was registered.  
 IP/N/1/VCT/T/1 
Page 18  
 
   (6)  A trade mark is taken to have been re moved from the Register if the Registrar makes 
an entry in the Register to the effect that all entri es in the Register relating to the trade mark are taken 
to have been removed from the Register.    (7)  (1)  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 description as that of the other goods;  
 
 (b)  services are similar to other services  
 
 (i)  if they are the same as the other services; 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 region or locality.  
 
Authorised use of a trade mark  
 
3. (1) If the owner of a trade mark exercises quality control over goods or services  
(a)  dealt with or provided in the c ourse 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 subsec tion (1), to use the trade mark in relation to the 
goods or services under 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 activities;  
 the other person is taken, for the purposes of section 4 (3), to use th e trade mark in relation to the 
goods or services under the control of the owner.  
  (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 of a trade mark” under section 2.   IP/N/1/VCT/T/1 
 Page 19 
 
 
   
Use of trade mark  
 
4. (1)  If the Registrar or the Court, having rega rd to the circumstances of a particular case, 
thinks fit, the Registrar or the Court may decide th at a person has used a trade mark if it is established 
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 re presented graphically if it can be represented on 
paper.   
 (3)  A person is an authorised user of a tr ade 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 2 
 
TRADE MARKS AND TRADE MARK RIGHTS 
 
Categories of trade marks which may be registered  
 
5. (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 more than 
one class.   
Rights accrued by registered trade mark  
 6. (1)  If a trade mark is registered, the register ed 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 respect  of which the trade mark is registered,  
 (c)  to obtain relief under this Act if the trade mark has been infringed.  
  (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 restricted  by those conditions or limitations.  
 IP/N/1/VCT/T/1 
Page 20  
 
   (4)  If the trade mark is registered in the na me of two or more persons as joint owners of 
the trade mark, the rights granted to those persons u nder this section are to be exercised by them as if 
they were the rights of a single person.   
Nature of registered trade mark as property  
 
7. 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 enfo rceable in the same way as rights in respect of any 
other personal property.  
Power of registered owner deal with trade mark  
 
8. (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 ab solute owner and give in good faith discharges for 
any consideration for that dealing.  
 (2)  Subsection (1) applies only to a pers on who deals with the registered owner as a 
purchaser in good faith for value, and without no tice of any fraud on the part of the owner.  
 
Limitation of rights for similar trad e marks registered by different persons  
 
9. 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 ma rk except to the extent that the first-mentioned 
owner is authorised to do so under the registration of his trade mark.  
Trade mark as a sign describing article  
 10. (1)  This section shall apply if a registered trad e mark  consists of, or contains, a sign that, 
after the date of registration of the trade mark, b ecomes generally accepted within the relevant trade as 
the sign that describes or is the name of an article, substance or service.  
 (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 determined 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 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   IP/N/1/VCT/T/1 
 Page 21 
 
 
   
(b)  is taken to have ceased to ha ve those exclusive rights from the day 
determined by the court under subsection (4).  
  (4)  For the purposes of subsection (2) and (3 ), the Court may determine the day on which 
a sign first became generally accepted within the rele vant trade as the sign that describes or is the 
name of the article, substance or service.   
Trade mark relating to article fo rmerly manufactured under patent  
 11. (1)  This section shall apply if  
(a)  a registered trade mark consists of, or contains, a sign that describes or is the 
name of  
 
(i)  an article or substance that was formerly 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 onl y commonly known way to descr ibe or identify the article, 
 substance or service.  
  (2)  If the trade mark consists of the sign re ferred 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 ha ve those exclusive rights from the end of 
the period of two years after the patent has expired or ceased.  
 
Powers of authorized user of registered trade mark  
 
12. (1)  Subject to any agreement made between the registered owner 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 th e goods or services in respect of which the 
trade mark is registered, subject to any conditions or limitations made when the trade mark was registered;  
 
(b)  subject to subsection (2), bring an ac tion 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 prescribed period;  
 
(c)  cause to be displayed on goods in respect of which the trade mark is 
registered, or on their package, or on th e container in which they are offered IP/N/1/VCT/T/1 
Page 22  
 
  to the public, a notice prohibiting any act that is under section 101 a 
prohibited act in relation 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 give n under sub-section (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 registered;  
 
(f)  give permission to any person to appl y the trade mark to goods, or in relation 
to goods or services, in respect of which the trade mark is registered.  
  (2)  Subject to subsection 3 if the authorised  user of the trade mark brings an action for 
infringement 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 liabl e for costs if he does not take part in the 
proceedings for an action brought pursuant to subsection (2).    
PART 3 
 
APPLICATION FOR REGISTRATION 
 
Making of application  
 
13. (1)  A person may apply to the Registrar for th e registration of a trade mark in respect of 
goods or services if:  
(a)  the person claims to be the owner of the trade mark; and  
 (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 relation to the goods or services; or  
  IP/N/1/VCT/T/1 
 Page 23 
 
 
  (iii) intends to assign the trade mark to a body corporate that is about to 
be constituted so that the trade ma rk could be used by the body 
corporate in relation to goods or services.  
  (2)  The application shall:  
 
(a)  be in accordance with the regulations; and   (b)  be filed, together with any pr escribed document, in accordance with the 
regulations.  
 
 (3)  Without limiting the particulars that may be included in an application, the application shall:   
(a)  include six representations of the trade mark; and  
 
(b)  specify, in accordance with the regul ations, the goods or services in respect 
of which it is sought to register the trade mark.  
 
 (4)  An application other than an appli cation 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.  
 
Application by joint owners  
 
14. 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 either of them is connected in the course 
of trade;  
 
 they may together apply for its registration under section 13 (1).  
 
Claim for right priority  
 
15. (1)  If:  
(a)  a person has made an application for th e registration of a trade mark in one or 
more than one Convention country; and  
 (b)  within six months after the day on which that application, or the first of those 
applications was made, that person or his successor in title applies to the 
Registrar for the registration of the trad e mark in respect of which registration 
was sought in that country or those countries;  
 
the person or his successor in title may, when  filing the application, or within the 
prescribed period after the filing the application but before the application is accepted, claim a right of priority for the re gistration of the trade mark in respect of 
any or all of those goods or services in accordance with the regulations.  
 IP/N/1/VCT/T/1 
Page 24  
 
   (2)  Pursuant to subsection (1) the priority cl aimed 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 Convention 
country from and including the day on which the application 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 applications were made.  
 
Duties of the Registrar with respect to application of Trade Marks  
 
16. (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, examine 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 application.  
  (2)  If a question 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 proceedings under this Act.  
  (3)  The Registrar shall, after the examina tion made pursuant to subsection (1), accept the 
application made pursuant to secti on 13 unless he is satisfied that:  
 
(a)  the application has not been made  in accordance 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 opportunity of being heard.    (5)  The Registrar shall;   
(a)  notify the applicant in writing of his decision under subsection (3);  
 (b)  publish notice of the decision in the official journal.  
 
Right to appeal  
 
17. 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   IP/N/1/VCT/T/1 
 Page 25 
 
 
   
 (b)  to reject an application.   
Deferment of acceptance  
 18. The Registrar may defer the acceptance of an a pplication in the circumstances, and for the 
period, provided for in the Regulations.  
Lapsing of application  
 
19. (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 with in 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 extended period.  
 
Revocation of acceptance  
 
20. (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 c onditions or limitations;  
 
the Registrar may revoke the acceptance of the application.   
 (2)  If the Registrar revokes the acceptance of the application  
 
(a)  the application shall be deemed to have never been accepted; and  
 (b)  the Registrar shall examine, and re port on the application as necessary under 
section 16; and  
 (c)  section 16 shall again apply in relation to the application.  
 
Grounds for rejection application  
 21. (1)  An application for the registration of a tr ade mark shall be rejected if the trade mark 
contains or consists of a sign that is prescribed for 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:  
 IP/N/1/VCT/T/1 
Page 26  
 
  (a)  a sign that is prescribed for the purpose 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.   Trade mark that cannot be represented graphically  
 
22. An application for the registration of a trade mark  shall be rejected if the trade mark cannot be 
represented graphically.  
Trade mark not distinguishing applicants goods or services  
 
23. (1)  For the purposes of this section, the use of  a trade 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 tr ade mark shall be rejected if the trade mark 
is not capable of distinguishing 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 
goods or services of the applicant from the goods or services of any other person, the Registrar shall first take into account the extent to which the trad e mark is inherently adapted to distinguish the 
designated goods or services of the applicant from the goods or services of the other person.  
  (4)  Pursuant to subsection (3), if the Registra r finds that the trade mark is to some extent 
inherently adapted to distinguish the designated goo ds or services from the goods or services of other 
persons but is unable to decide, on that basis alone th at 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 which the trade mark  is inherently adapted to distinguish 
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 desi gnated goods or services 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 distinguishing the applicant’s goods or services from the goods or services 
of any other person; and  
  IP/N/1/VCT/T/1 
 Page 27 
 
 
  (c) if the Registrar is not satisfied that the trade mark does or will so distinguish 
the designated goods or services, the trade mark shall not be deemed to be capable of distinguishing the applicant’s goods or services from the goods or services of any other person.  
 
 (5)  If the Registrar finds that the trade mark  is not inherently adapted to distinguish the 
designated goods or services of the applicant fro m the goods or services of any person, the following 
provisions shall apply:   
(a)  if the applicant establishes that, becau se of the extent to which the applicant 
has used the trade mark before the filing date in respect of the application, it 
does distinguish the designated goods or services of the applicant as being those of the applicant, the trade mark is taken to be capable of distinguishing the designated goods or services from the goods or services of any other person;  
 
(b)  in a case other than paragraph (a) the trade mark is taken not to be capable of 
distinguishing the designated goods or services of the applicant from the goods or services of any other person.  
 
Trade mark scandalous or it s use contrary to law  
 
24. An application for the registration of a trade mark shall be rejected if:  
 (a)  the trade mark contains or c onsists of scandalous matter; or  
  (b)  its use would be contrary to law.  
 
Trade mark likely to deceive or cause confusion  
 
25. An application for the registration of a trade ma rk 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 servi ces would be likely to deceive or cause confusion.  
Identical trade marks  
 
26.  (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 subs tantially identical with, or deceptively 
 similar to:  
 
(i)  a trade mark registered by another person in respect of similar goods 
or closely related services; or  
 (ii)  a trade mark whose registration in respect of similar goods or closely 
related services is being 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 th e priority date for the registration of 
the other trade mark in respect of the similar goods or closely related 
services.  
 IP/N/1/VCT/T/1 
Page 28  
 
   (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 registered by another person in respect of similar 
services or closely related goods; or  
 (ii)  a trade mark whose registration in respect of similar services or 
closely related goods is being so ught by another person; and  
 
(b)  the priority date for the registration 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 case is satisfied   
(a)  that there has been honest concurre nt 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 app licant’s trade mark has been used only in a 
particular area, the limitations may include that the u se of the trade mark is to be restricted 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 services; or   
(ii)  the similar services or closely related goods; and  
 (b)  ending on the priority date for the re gistration of the applicant’s trade mark;  
 
the Registrar may not reject the application because of the existence of the other trade 
mark.  
 
  IP/N/1/VCT/T/1 
 Page 29 
 
 
  PART 4 
 
DIVISIONAL APPLICATIONS 
 
Making a Divisional Application  
 
27. (1)  A person who has made an application for the registration of a trade mark in respect 
of certain goods or services or both may, in accord ance with this Part, make another application  
(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 ma rk in 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 registration 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 a pplication shall be taken to be the application 
of which particulars have been published by the Registrar under section 16.  
  (3)  For the avoidance of doubt a divisional a pplication is an application made under this 
Part.   
 (4)  A divisional application for the registration of a trade mark may be made only if the 
initial application for the registration of the trade mark is pending.   
Divisional application for registration of part of trade mark  
 
28. (1)  This section provides for the making of a divisional application for the registration 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 th e prescribed period but subject to subsection (3), 
make a divisional application for the registration of that  part as a trade mark in respect of any or all of 
the goods or services or both specified in the initial application.  
 
 (3)  If the initial application has been acce pted, the divisional application may not be 
made after the acceptance is advertised in the official journal pursuant to section 16 (5).  
 
Divisional application for registration of trade mark in respect of part of trade mark  
 29. (1)  This section provides for the making of a divisional application for the registration of 
a trade mark in respect of some of the goods or servi ces or both in respect of which registration of the 
trade mark is being sought by the initial application.  
 (2)  The applicant for the registration of a tr ade 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  IP/N/1/VCT/T/1 
Page 30  
 
   
(b)  if the initial application 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.  
 
 (3) If the initial application has been acce pted, the divisional application may not be 
made after the acceptance is advertised in th e official journal pursuant to section 16.  
 
Divisional application for registration of  trade mark in respect of some goods  
 30. (1)  This section shall  
(a)  apply if the initial application for th e registration of a trade mark is amended 
to exclude some of the goods or servic es or both specified in that application 
before its amendment; and  
 
(b)  provide for the making of a divisional application 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 section 16; or  
 
(b)  if the initial application is accepted be fore its acceptance is advertised in the 
official journal, pursuant to section 16  
 
the applicant may, within the prescribed pe riod but subject to subsection (3), 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 b een excluded from the initial application.  
  (3)  If the initial application has been acce pted, the divisional application may not be 
made after the acceptance is advertised in th e official journal, pursuant to section 16.  
 
 (4)  If the initial application whether it has al ready 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 registrati on of the trade mark in respect of any or all of 
the goods or services or both that have been ex cluded from the application whose acceptance was 
advertised in the official journal, pursuant to section 16.  
 
Filing date  
 
31. A divisional application shall be taken to ha ve been filed on the day on which the initial 
application concerned was filed.  
  IP/N/1/VCT/T/1 
 Page 31 
 
 
  PART 5 
 
APPLICATION FOR REGISTRATION OF SERIES OF TRADE MARKS 
 
Application for registration of series of trade marks  
 
32. (1)  A person may make a single application under section 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 particulars 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 ad apted to distinguish the goods or services 
and does not substantially affect the identity of the trade marks.  
  (2)  If:  
 
(a)  the application meets all the requirements of this 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 6 
 
OPPOSITION TO REGISTRATION 
 
Opposition  
 
33. (1)  If the Registrar has accepted an applica tion for the registration of a trade mark, a 
person may oppose the registration by  filing a notice of opposition.  
 (2)  The notice of opposition shall be in a prescr ibed form and shall be filed within that 
period as extended in accordance with th e regulations made hereunder.  
  (3)  The opponent shall serve a copy of the notice of the opposition filed pursuant to 
subsection (1) on the applicant.   
 (4)  The registration of a trade mark may be opposed only on  the grounds specified under 
Part 7 and no other grounds.    (5)  If:   
(a)  a person is granted an extension of time in which to file a notice of 
opposition; and  
 IP/N/1/VCT/T/1 
Page 32  
 
  (b)  before the notice of opposition is file d, the right or interest on which the 
person could have relied to file the notice of opposition become vested in 
another person; and  
 (c)  the other person notifies the Registrar in writing that the right or interest is 
vested in him;  
 then:   (d)  the other person is taken to have b een granted an extension of time in which 
to file the notice of opposition; and  
 (e)  that extension ends when the extens ion stipulated pursuant to paragraph (a) 
ends.  
 Circumstances in which opposition may proceed in name of a person other than a person who filed the notice   
34. 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.  
 
Opposition proceedings  
 
35. (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 pr ocedure for hearing opposition proceedings.  
 
Decision of the Registrar  
 
36. Unless the proceedings are discontinued or dismis sed, 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 conditions 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 on which the application was opposed has been 
established.  
  IP/N/1/VCT/T/1 
 Page 33 
 
 
  Appeal  
 
37. An applicant or opponent may appeal to th e Court from a decision of the Registrar under 
section 36.  
 
PART 7 
 
GROUNDS FOR OPPOSING REGISTRATION 
 
Opposition to registration of trade mark  
 
38. 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 ma y be rejected under Part 3, except the ground that 
the trade mark cannot be represented graphically.  
Application not intending to use trade mark  
 
39. 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 
Grenadines; 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.   
Trade mark similar to trade mark that has ac quired a reputation in Saint Vincent and the 
Grenadines  
 40. 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 priority 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 Grenadines; 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 confusion.  
 
Trade mark containing or consisting of a false geographical indication  
 
41. (1)  The registration of a trade mark in resp ect of particular goods may be opposed on the 
ground that the trade mark contains or consists of  a sign that is a geographical indication for other 
goods originating in  IP/N/1/VCT/T/1 
Page 34  
 
  (a)  a country, or in a region or locality in a country, other than the country in 
which the relevant 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 originated.  
 
 (2)  An opposition on a ground referred to in subsection (1) shall fail if the applicant 
establishes that   
(a)  the relevant goods originated in the country, region or locality identified by 
the geographical indication;  
 (b)  the sign has ceased to be used as a geographical indication for the designated 
goods in the country in which the designated goods originated; 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 mark in respect of the relevant goods, before  
 
(i)  the commencement of this Act;   
(ii)  the day on which the sign was recognized as a geographical 
indication for the designated goods in their country or origin;  
    whichever is the later; or   
(d)  if the registration 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 originated, the customary name of a variety of grapes used in the production of the relevant wine or spirits.  
 
 (3)  An opposition on a ground referred to in s ubsection (1) shall also fail if the applicant 
establishes that:   
(a)  although the sign is a geographical indication for the designated goods, it is 
also a geographical indication for the relevant goods; and  
 
(b)  the applicant has not used, and does not intend to use, the trade mark in 
relation to the relevant goods in a way that is likely to deceive or confuse 
members of the public as to the origin of the relevant goods.  
  (4)  For the purpose of this section;  
 
“relevant goods” means the particular goods for which registration is opposed 
pursuant to subsection (1); and  
 “designated goods” means the other goods referred to in subsection (1).  
 
Application defective  
 
42. The registration of a trade mark may be opposed on any of the following grounds:   IP/N/1/VCT/T/1 
 Page 35 
 
 
  (a)  that the application, or a document filed in support of the application, was 
amended contrary to this Act;  
 (b)  that the Registrar accepted the application for registration on the basis of 
evidence or representations that were false in material particulars.  
 
 
PART 8 
 
AMENDMENT OF APPLICATION FOR REGISTRATION OF  
A TRADE MARK AND OTHER DOCUMENTS 
 
Amendment of application for registration of trade mark  
 
43. (1)  The Registrar may, at the written request  of the applicant or his agent, amend an 
application for the registration of a trade mark in accordance with section 44 or 45.  
 (2)  If:  
 
(a)  an application for the registrati on of a trade mark may be amended under 
section 45; and  
 
(b)  the applicant has not asked in writi ng that the application be amended;  
 the Registrar may, on his own initiative but in acco rdance with the regulations, amend the application 
as necessary to remove any ground on which the applica tion could be rejected so as to ensure that the 
application is made in accordance with this Act.  
 
Amendment before particulars of application are published  
 
44. If:  
(a)  the particulars of the applica tion 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. If the particulars of an application have been published under section 16 (1), an amendment 
may be made:  
(a)  to the representation of the tr ade mark if the amendment does not 
substantially affect the identity the trade mark as at the time when the 
particulars of the application were published;  
 
(b)  to correct a mistake of fact or an error in the classification of any goods or 
services specified in the application;  
 (c)  to change the type of regist ration sought in the application;  
 
(d)  to any other particular specified in the application other than that referred to 
in part (c) unless the amendment would have the effect of extending the IP/N/1/VCT/T/1 
Page 36  
 
  rights that, apart from the amendment, the applicant would have under the 
registration if it were granted.  
 
Amendment of other documents  
 46. 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 purposes of this Act or at the written request of the person’s ag ent, amend the application, notice or document  
(a)  to correct a clerical erro r or an obvious mistake; 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.  
 
Appeal of decision on amendment  
 47. An appeal lies to the Court from a deci sion of the Registrar under this Part.  
 
PART 9 
 
REGISTRATION OF TRADE MARKS 
 
Duty of Registrar to register  
 
48. (1)  The Registrar shall, within the period pr escribed, register a trad e mark that has been 
accepted for registration:  
(a)  if there has been no opposition to the registration; or  
 
(b) if there has been opposition, and if th e Registrar’s decision or in the case of 
an appeal against the Registrar’s decisi on, the decision on appeal, is that the 
trade mark should be registered.  
  (2)  Upon registration of a trade mark, pursuan t to subsection (1) the Registrar shall give 
it a number by which it may be identified.  
 
Registration – how effected  
 
49. (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 registration; and  
 (c)  subject to the conditions, and the limit ations if any imposed by the Registrar 
in accepting the application for registrati on 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:  IP/N/1/VCT/T/1 
 Page 37 
 
 
   
 
(a)  a graphical representation of the trade mark;   (b)  its registration number; and  
 
(c)  any other particulars that are requi red by this Act to be entered in the 
Register.  
  (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.  
 
Colours in registered trade marks  
 
50. (1)  A trade mark may be registered with limitations as to colour.  
 (2)  The limitations may be in respect of the whole, or a part, of the trade mark.  
  (3)  To the extent that a trade mark is re gistered without limitations as to colour, it is 
taken to be registered for all colours.   
Notification of registration  
 
51. When a trade mark has been registered, the Registrar shall  
(a)  advertise the registration in the official journal; and  
 (b)  give to the registered owner of the trade mark a certificate of registration in a 
prescribed form.  
 
Date and term of registration  
 
52. (1)  The registration of a trade mark in respect 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 respec t of those goods or servi ces is taken to have 
had effect, if an application to register the trade mark was made in only one 
Convention country from and including the da y in which the application was made in 
that country, or if applications to register the trade mark were made in more than one 
Convention country from and including th e day on which the earliest of those 
applications were made.  
 IP/N/1/VCT/T/1 
Page 38  
 
   (3)  Unless it is earlier cancelled, or the trade mark is earlier removed from the Register, 
the registration of  the trade mark expires ten years af ter the filing date in respect of the application for 
its registration.   
Ceasing of registration  
 
53. The registration of a trade mark ceases if:  
(a)  the trade mark is removed from the Register under section 58 or under 
Part 12; or  
 
(b)   the registration of the trade mark is cancelled.  
 
Disclaimers  
 
54. (1)  An applicant for the registration of a trade mark, or the registered owner of a 
registered trade mark, may, by notice in writing give n to the Registrar, disclaim any exclusive right to 
use, or authorise the use of, a sp ecified 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 trade 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 not be revoked.   
Request for renewal of registration  
 
55. (1)  Any person may, within the prescribed pe riod before the registration of a trade mark 
expires, file a request with the Regist rar seeking renewal of the registration.  
 (2)  The request under subsection (1) sh all be filed in the prescribed form.  
 
Notice of renewal due  
 
56. If, within the prescribed period, the Registrar h as not received a request for the renewal of the 
registration of the trade mark, the Registrar sha ll, in accordance with the regulations, notify the 
registered owner of the trade mark that the renewal is due.  
Renewal before registration expires  
 
57. (1)  If a request for the renewal of the regist ration of a trade mark is made in accordance 
with section 55, the Registrar shall renew the regi stration for a period of ten years from the day on 
which the registration of the trade mark woul d have expired if it were not renewed.  
 (2)  The Registrar shall give notice in the pr escribed form, of a renewal to the registered 
owner of the trade mark in acco rdance with the regulations.  
  IP/N/1/VCT/T/1 
 Page 39 
 
 
  Failure to renew  
 
58. If the registration of a trade mark is not renewed under section 55, then:  
(a)  subject to sections 59 and 60, the re gistration 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 Regist er twelve months after the day on 
which the registration expired.  
 Renewal within twelve months after registration expires  
 
59. If, within twelve months after the registration of a trade mark has expired, a person makes a 
request to the Registrar, in accord ance with section 55, to renew the registration of the trade mark, the 
Registrar shall renew the registration of the tr ade mark for ten years from the day on which the 
registration expired. 
Status of unrenewed trade mark  
 
60. If:  
(a)  the registration of a trade mark has not been renewed; and  
 
(b)  within twelve months after the regi stration expired, an application for the 
registration of a trade mark is made, by person other than the person who was 
registered as the owner of the unrenewed trade mark;  
 the unrenewed trade mark shall be deemed to be a registered trade mark for the 
purposes of the application.  
  
PART 10 
 
AMENDMENT AND CANCELLATION OF REGISTRATION – ACTION BY REGISTRAR 
 
Correction of Register  
 
61. 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.  
Adaptation of classification  
 
62. The Registrar may, in accordance with the regulations, amend the Register whether 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 registered  to reflect any change that has occurred in the 
classification of goods or services for the purposes of this Act.  
Amendment of particulars of trade mark entered in Register  
 
63. (1)  Subject to Part 14, the Registrar may, at the written request of the registered owner of 
a registered trade mark:  IP/N/1/VCT/T/1 
Page 40  
 
   (a)  amend the representation of the trade mark as entered in the Register if the 
 amendment 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 entered in the Register relating to any goods or 
 services in respect of which the trade mark is registered if the amendment 
 does not have the effect of extending the rights that apart from the  amendment, the owner has under the registration; or  
 
  (c)  amend, or enter in the Register, any other particular 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 the Court from a de cision of the Registrar under subsection (1).  
 
Cancellation of registration  
 
64. (1)  The Registrar shall cancel the registra tion of a trade mark in accordance with the 
regulations if the registered owner asks in writing that it be so cancelled.  
 (2)  Before cancelling the registration of the trade mark, the Registrar shall notify in 
accordance with the Regulations   
(a)  any person recorded under Part 14 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 entered in the Register pursuant to section 89; and  
 
(ii)  the assignment or transmission has not yet been recorded,  
    the person to whom the trade mark has been assigned or transmitted.   
 
PART 11 
 
AMENDMENT AND CANCELLATION OF REGISTRATION - ACTION BY COURT 
 
Amendment to correct error or omission  
 
65. The Court may, on the application of an aggrieve d person, order that the Register be rectified 
by  
(a)  entering in the Register particul ars that were wrongly omitted from it; or  
 
(b)  correcting any error in an entry in the Register.  
  IP/N/1/VCT/T/1 
 Page 41 
 
 
  Amendment or cancellation on ground of contravention of condition  
 
66. The Court may, on the application of an aggrieve d 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 Register relating to the trade mark;   on the ground that a condition or limitation en tered in the Register in relation to the 
trade mark has been contravened.  
 
Amendment or cancellation – loss or ex clusive rights to use trade mark  
 
67. (1)  If section 10 or 11 applies in relation to a registered trade mark, the court may, on the 
application of an aggrieved person, but subject to subsection (2) and section 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 Register 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 trad e mark, or any sign that is part of the trade mark, in relation to 
particular goods or services.    (2)  If section 10 or 11 applies in relatio n 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 formerly 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 sub section (1) and allow the trade mark to remain on 
the Register in respect of the article or substan ce or goods of the same description or the service or 
services of the same description or subject to any condition or limitation that the Court may impose.  
 
Amendment or cancellation: other specified grounds  
 
68. (1)  Subject to subsection (2) and section 69, the Court may, on the application of an 
aggrieved person, order that th e Register be rectified by  
(a)  cancelling the registration of a trade mark; or  
 (b)  removing or amending any entry wrongly made or remaining on the Register; 
or  
 IP/N/1/VCT/T/1 
Page 42  
 
  (c)  entering any condition or limitation a ffecting the registration of a trade mark 
that ought to be entered.  
  (2)  An application referred to under subs ection (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 under Part 7;  
 (b)  an amendment of the application fo r the registration of the trade mark was 
obtained as a result of fraud, or misrepresentation;  
 (c)  because of the circumstances applyi ng at the time when the application for 
rectification is filed, the use of the tr ade 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 the trade mark could have been opposed under 
section 40;  
 
(d)  the application in respect of an en try in the Register has been previously 
amended as a result of fraud, false suggestion or misrepresentation.  
 
Rectification may not be granted in certain cases if registered owner not at fault  
 
69. (1)  The Court may not  grant an application for rectification 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 not 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 relevant.  
 Duties and powers of Registrar  
 
70. (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.  
  IP/N/1/VCT/T/1 
 Page 43 
 
 
   (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.  
 
Amendment of certificate of registration  
 71. If the Registrar amends any particular entry in the Register in respect of a trade mark, the 
Registrar may also amend the certificate of registra tion if he thinks it is appropriate to do so.  
 
PART 12 
 
REMOVAL OF TRADE MARK FROM REGISTER FOR NON-USE 
 
Application for removal of trade mark from Register  
 
72. (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 th e trade mark to be removed from the Register.  
 (2)  An application 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 Registrar under 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 subsection (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 Sa int 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 application 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 Vincent and the Grenadines in re lation to those goods or services or both at any 
time before the period of one month ending on th e day on which the application is filed or;  
 
(b)  the trade mark has remained registered  for a continuous period of three years 
ending one month before the day on whic h the non-use application is filed, 
and at no time during that period the person who was then the registered 
owner;  
 
(i)  used the trade mark in Sain t Vincent and the Grenadines; or  IP/N/1/VCT/T/1 
Page 44  
 
   
(ii)  used the trade mark in good faith in Saint Vincent and the  Grenadines;  
 in relation to the goods or services or bot h 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 Registrar or the 
Court as the case requires, be substituted for th e first-mentioned person as the applicant.  
 
Time for making application  
 
73. (1)  Subject to subsection (2), an applica tion for the removal 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) 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.   
Referral to court  
 
74. 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 decided 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).   
Notification of application  
 75. (1)  If an application has been made to the Registrar under section 72 (1), the Registrar 
shall give notice of the application in accordance with the Regulations.  
 (2)  If the application is in respect of a trade mark already entered on the Register, the 
Registrar shall advertise the application in the official journal.   
 (3)  If the application referred to in subsec tion (1) is in respect of a trade mark whose 
registration is being sought, the Registrar is to advert ise the application in the official journal only if 
the trade mark is registered.   
Notice of opposition  
 76. (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 requires. 
 (2)  The notice of opposition  
   (a)  shall be in a form approved by the Registrar or by the Court; and  
  IP/N/1/VCT/T/1 
 Page 45 
 
 
  (b)  shall be filed in accordance with the regulations or the rules of the Court as 
the case may be.  
 
Removal of trade mark from the Register if application unopposed  
 77. (1)  If there is no opposition to an application to the Registrar under section 72 (1), the 
Registrar shall remove the trade mark from the Re gister in respect of the goods or services or both 
specified in the application.  
 (2)  If there is no opposition to an applica tion to a court under sectio n 72 (3), the Court 
shall order the Registrar to remove the trade ma rk from the Register in respect of the goods or 
services or both specified in the application.  
  (3)  The Court shall cause a copy of the order to be served on the Registrar and the 
Registrar shall comply with the order.   Trade mark restored to Register if notice of opposition filed within extended time  
 
78. 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 extended period;  
 
the Registrar shall restore the trade mark to the Re gister and the trade mark shall be deemed not to 
have been removed from the Register.   
Proceedings before Registrar  
 79. If an application to the Registrar is opposed, th e Registrar shall deal with the matter in 
accordance with the regulations.  
Burden on opponent to establish use of trade mark  
 
80. (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 the day on which the 
application for the registration of the tr ade mark was filed, the applicant for 
registration had no intention in good faith:  
 
(i)  to use the trade mark in Sain t 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;  
 IP/N/1/VCT/T/1 
Page 46  
 
   in relation to goods or services or both which the opposed application related; 
or  
 (b)  any allegation 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 re levant goods or services or both; or  
 (c)  any allegation made under 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 th e relevant goods or services 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 tim e before the period referred to in that subsection, 
been used, or been used in good faith, by its re gistered owner in relation to the relevant good or 
services or both if   
(a)  the opponent has established that th e trade mark or the trade 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 before 
that period; or  
 (b) in a case where the trade mark h as been assigned but a record of the 
assignment has not been entered in the Register  
 
(i)  the opponent has established that the trade mark, or the trade mark 
with additions or alterations not s ubstantially 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 accordance with the terms of the assignment; and  
 
(ii)  the Registrar or the Court is of the opinion that it is reasonable, 
having regard to all the circumstanc es of the case, to treat the use of 
the trade mark by the assignee 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 dur ing 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 th e trade mark, or the trade 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 period; or  
 
(b)  in a case where the trade mark h as been assigned but a record of the 
assignment has not been entered in the Register:  
 
(i)  the opponent has established that the trade mark, or the trade mark 
with additions or alterations not s ubstantially affecting its identity,  IP/N/1/VCT/T/1 
 Page 47 
 
 
  was used in good faith by the assignee of the trade mark in relation to 
those good or services or both during that period and that that use was in accordance with the terms of the assignment; and  
 (ii)  the Registrar or the court is of the opinion that it is reasonable, 
having regard to all the circumstanc es of the case, to treat the use of 
the trade mark by the assignee durin g 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 tho se goods or services or both during that 
period because of circumstances, whether affecting traders generally or only the registered owner of the trade mark th at were an obstacle to the use of the 
trade mark during that period.  
 
Determination of opposed application  
 
81. (1)  Subject to subsection (3) and to section 82, if  
(a)  the proceedings relating to an opposed application have not been 
discontinued or dismissed; and  
 
(b)  the Registrar is satisfied that th e grounds on which the application was made 
have been established;  
 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 to section 82, if, at the end of the proceedings relating to an opposed application, the Court is satisfied th at the grounds on which the application was made 
have been established, it may order the Registrar 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.   Determination of opposed application, localized use of trade mark  
 
82. (1)  This section shall apply if an applicat ion for the removal of a trade mark from the 
Register is made on the ground referred to in section 72 (4) (b) and  
(a)  the applicant is the registered owne r 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 subject 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 Gren adines otherwise than for export 
from Saint Vincent and the Grenadines; or  
 IP/N/1/VCT/T/1 
Page 48  
 
  (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 condition or limitation.  
 
 (2)  If the Registrar or the Court is satisfied   
(a)  that the challenged trade mark has re mained 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 faith, of the 
challenged trade mark in relation to:  
 
(i)  goods or services dealt with or provided in the particular place 
referred to in subsection (1); or  
 (ii)  goods or services to be exported to the particular market referred to 
in subsection (1),  
 the Registrar 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 consider s 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 “challe nged trade mark” means the trade mark in 
relation to which an application for remova l is made pursuant to subsection (1).  
 
Registrar to comply with order of court  
 
83. If the Court makes an order under section 81 or 82, it shall cause copy of the order to be 
served on the Registrar and the Registrar shall comply with the order.  
Appeal  
 
84. An appeal lies to the Court from a decision of the Registrar under section 81 or 82.  
Certificate of use of trade mark  
 
85. (1)  If in any proceedings relating to an oppo sed application the Registrar or the Court has 
found that  
(a)  a trade mark has been used in good faith during a particular period; or  
 (b)  a trade mark has not been used dur ing 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 registered owner of the trade mark, give to the 
registered owner a certificate of those findings.    IP/N/1/VCT/T/1 
 Page 49 
 
 
   (2)  In any subsequent proceedings in wh ich non-use of the trade mark is alleged  
 
(a)  the certificate shall be, on being prod uced, evidence of the facts stated in it; 
and  
 
(b) if the proceedings are determined in fa vour of the opponent and, on or before 
filing the notice of opposition, the opponent notified the applicant of the contents of the certificate, the opponent is entitled, unless the Registrar or the Court otherwise directs, to have the opponent’s full costs paid by the applicant.  
 
 
PART 13 
 
ASSIGNMENT AND TRANSMISSION OF TRADE MARKS 
 
Assignment of trade mark  
 
86. (1)  A registered trade mark, or a trade ma rk whose registration is being sought, may be 
assigned or transmitted in accordance with this section.  
 (2)  An assignment or transmission may be par tial, that is it may apply 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 particular area.    (3) An assignment or transmission may be w ith or without the goodwill of the business 
concerned in the relevant goods or services or both.  
 
Applications for record to be made of assignment  of trade mark whose registration is sought  
 
87. (1)  If a trade mark whose registration is being sought is assigne d 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 assignm ent or transmission to be recorded.  
  (2)  The application shall  
 
(a)  be on a prescribed form; and   (b)  be filed, together with any pr escribed document, in accordance with the 
regulations.  
 Recording of assignment of trade ma rk whose registration is sought  
 
88. (1)  If an application pursuant to section 87 co mplies 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 no t the Register, the particulars of the 
assignment or transmission; and  
 IP/N/1/VCT/T/1 
Page 50  
 
  (b)  publish the particulars of the assignment or transmission in accordance with 
the regulations.  
 
 (2) On and after the day on which the Regist rar records the particulars of the assignment 
or transmission, the person to whom the trade mark  has been assigned or transmitted is taken, for the 
purposes of this Act, to be the applicant for the registration of the trade mark.  
 
Application for record of assignment of regist ered trade mark to be entered in Register  
 
89. (1)  If a registered trade mark is assigned or transmitted,  
(a)  the person registered as the owner of the trade mark; or  
 (b)  the person to whom the trade ma rk 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.   
Recording of assignment of registered trade mark  
 
90. (1)  If the application made pursuant to secti on 89 complies with this Act, the Registrar 
shall, at, or within, the time provided for in the Regulations  
(a)  enter the particulars of the assignment or transmission in the Register; and  
 
(b)  register the person to whom the tr ade mark has been assigned or transmitted 
as the owner of the trade mark in relati on to the goods or services or both in 
respect of which the assignment or transmission has effect.  
  (2)  The particulars pursuant to subsection (1 ) (a) are taken to have been entered in the 
Register on the day on which the application was file d, and the registration of the beneficiary as the 
owner of the trade mark pursuant to subsection 1 (b ) is taken to have had effect from and including 
that day.   
Notice of application to be given to person re corded as claiming interest in trade mark  
 91. If an application made under section 87 or 89 in  relation to the assignment or transmission of 
a trade mark complies with this Act, the Registra r shall notify in accordance with the regulations any 
person recorded under Part 14 as claiming an interest  in, or a right in respect of, the trade mark.  
  IP/N/1/VCT/T/1 
 Page 51 
 
 
  PART 14 
 
VOLUNTARY RECORDING OF CLAIMS TO INTERESTS IN AND RIGHTS  
IN RESPECT OF TRADE MARKS 
 
Object of Part  
 
92. 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 another Part; and  
 
(b)  for the Registrar to keep a record of claims to interests in, and rights in 
respect of, trade marks for which registration is sought.  
 
Application to have claims to interest recorded  
 
93. (1)  If  
(a)  a person other than the registered owner of a trade mark, claims to have an 
interest in, or a right in respect of, a registered trade mark; and  
 (b)  this interest or right may not be recorded in the Register under Part 13;  
 
the person and the registered owner of the trade mark may together apply to the Registrar to have particulars of th e claim recorded in the Register.  
  (2)  The application shall be in a prescribed form and shall be filed in accordance with the 
Regulations.  
 
Record of claims to interest  
 
94. (1)  If an application has been made in a ccordance with section 93, the Registrar shall 
enter in the Register the particulars 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 section 93 and 95;  
 the Registrar shall enter those particulars in the Register.   
Amendment and cancellation  
 95. Regulations may provide for the amendment a nd cancellation of particulars entered in the 
Register under this Part.  IP/N/1/VCT/T/1 
Page 52  
 
  Record not proof of existence of right  
 
96. The fact that a record has been  made in the Register under 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.  
Application to have claims to interest recorded  
 
97. (1)  If  
(a)  a person has applied for the registration of a trade mark; and  
 
(b)  another person claims to have an intere st in, or a right in respect of, that trade 
mark;  
 they may together apply to the Registrar for a reco rd 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.   
Record of claims to interest  
 
98. If an application has been made in accordance with section 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 application.  
Regulations for the amendment and cancellation of particulars  
 
99. Regulations may provide for the amendment a nd cancellation of particulars recorded under 
this Part.  
 
PART 15 
 
INFRINGEMENT OF TRADE MARKS 
 
Infringement  
 
100. (1)  A person infringes a registered trade mark  if that person uses as a trade mark a sign 
that is substantially identical with, or deceptively similar to, the trade mark in relation to goods or 
services in respect of which the trade mark is registered.  
 (2)  Subject to subsection (3) a person infring es a registered trade mark if the person uses 
as a trade mark a sign that is substantially identical with, or deceptively similar to, the trade mark in 
relation to   
(a)  goods of the same description as that of registered goods;   
(b)  services that are closely related to registered goods; or  
 
(c)  services of the same description as that of registered services; or   (d)  goods that are closely related to registered services.   IP/N/1/VCT/T/1 
 Page 53 
 
 
   
 (3)  A person shall not be taken to have in fringed the trade mark if the person establishes 
that his using the sign is not likel y 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  
 (b)  the person uses as a trade mark a sign th at 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 registered, 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 
indicating a connection between the unrelated goods or services and the 
registered owner of the trade mark; and  
 (d)  for that reason, the interests of the registered owner are likely to be adversely 
affected.  
 
 (5)  In deciding, for the purposes of subsec tion (4) (a), whether a trade mark is well 
known in Saint Vincent and the Grenadines, the exte nt 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.   
Infringement of trade mark by breach of certain restrictions  
 
101. (1)  This section 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 subsection (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 trade 
mark applied to registered goods or used in physical relation to them;  
 (c)  if the trade mark has been applied to registered goods, or use in physical 
relation to them, together with other matter indicating that the registered 
owner or authorised user has dealt with the goods,  removing or obliterating, totally or in part, any representation of the trade mark without totally 
removing or obliterating the other matter;  IP/N/1/VCT/T/1 
Page 54  
 
   
(d)  applying another trade mark to regi stered goods or using another trade mark 
in physical relation to them;  
 (e)  if the trade mark has been applied to  registered 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 infri nges 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 dealing with the goods in the course 
of trade  
 
(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 
prohibited; or  
 (b)  became the owner of the goods by virtue of a title derived from a person who 
had so acquired them.  
 
Exceptions to infringement of trade mark  
 
102. (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 predecessor’s place of business; or  
 
(b) the person uses a sign in good faith to indicate   
(i)  the kind, quality, intended purpose, value, geographical origin, or 
some other characteristic, 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 go od faith to indicate the intended purpose 
of goods or services; or  
 
(d)  the person uses the trade mark for the purposes of comparative advertising; or  
 (e)  the person exercises a right to use a trade mark given to the person under this 
Act; or   IP/N/1/VCT/T/1 
 Page 55 
 
 
   
(f)  the Court is of the opinion that th e 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 mark and the court is of the 
opinion that the person would obtain registration of the substantially identical 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 subsection (1), (2), or (3) 
in a manner referred to in that subsection, does not, because of a condition or limitation subject to which the trade mark  is registered, infringe the exclusive 
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.  
 
Goods to which a registered trade mark has been a pplied by or with consent of registered owner  
 
103. (1)  Notwithstanding section 100 a person who uses a registered 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 
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 registered services in respect of 
which the trade mark is registered do es not infringe the trade mark if the 
trade mark has been applied in relation to the services by, or with the consent 
of, the registered owner of the trade mark.  
 
Prior use of identical trade mark  
 
104. (1)  A person does not infringe a registered trade mark by using an unregistered trade 
mark that is substantially identical with, or deceptiv ely similar to, the registered trade mark in relation 
to  
(a)  goods similar to registered goods;  
 
(b)  services closely related to registered goods; or   (c)  services similar to registered services; or   (d)  goods closely related to registered services;  
 
if the person, or the person and his predecessor in ti tle, have continuously used in the course of trade 
the unregistered trade mark in relation to those go ods or services from a time before the date of the 
registration 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 regist ered user of the trade mark under the repealed 
Acts, first used the trade mark, whichever is earlier.  
 IP/N/1/VCT/T/1 
Page 56  
 
   (2)  If the unregistered trade mark has conti nuously been used only in a particular area in 
Saint Vincent and the Grenadines sub section (1) shall apply only to th e use of the trade mark by the 
person in that area.   
Action for infringement to be brought before Court  
 
105. (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 (1) may grant in an action for 
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  
 
106. Deleted by Act No.50//2004.  
Special case where claimant no t entitled to damages  
 
107. 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 defendant has infringed 
the trade mark; and  
 (b)  the defendant has applied under sec tion 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 trad e mark has not during a particular period 
been used in good faith by its register ed owner in relation to those goods or 
service, there are grounds under section 72 (4) for so removing the trade mark from the Register;  
 
the Court may not grant relief to the plaintiff by way of damages or an account of profits in respect of 
any infringement of the trade mark that happened during the particular period.   
Circumstances in which action may not be brought  
 
108. If the registration of a trade mark is renewed under section 59 within tw elve 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 renewed.  
 
Groundless threats of legal proceedings  
 
109. (1)  If a person threatens to bring an action against another person on the ground that the 
threatened person has infringed   IP/N/1/VCT/T/1 
 Page 57 
 
 
    (a)  a registered trade mark; or  
   (b)  a trade mark alleged by the person to be registered;   any person aggrieved by the threat may bring an action in the Court.  
 
 (2)  The purpose of the action pursuant to subsection (1) shall be to   
(a)  obtain from either court a declaration that the defendant has no grounds for 
making the threat; and  
 
(b)  obtain from either court an injunction restraining the defendant from 
continuing to make the threat;  
 (c)  recover any damages that the person aggrieved has sustained because of the 
conduct of the defendant.  
  (3)  An action may be brought whether or no t the respondent 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 
threatened to bring an action constitute  an infringement of the trade mark.  
  (5)  An action may not be brought, or if br ought may not proceed, under this section if the 
registered owner of the trade mark, or an authorised  user of the trade mark having power to bring an 
action for infringement of the trade mark, with due diligence, begins and pursues an action against the 
threatened person for infringement of the trade mark.  
 
Counterclaim by defendant in action on groundless threats  
 
110. If the respondent in an action brought under sec tion 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 Cour t a counterclaim against the claimant for 
any relief to which the respondent w ould 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 action brought by 
the respondent against the claimant.  
  IP/N/1/VCT/T/1 
Page 58  
 
  PART 16 
 
IMPORTATION OF GOODS INFRINGING VINCENTIAN TRADE MARKS 
 
Notice of objection to importation  
 
111. (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 or 
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 trade 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 request within the prescribed period, 
the authorised user may give the noti ce to the Comptroller 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, before the end of that period by notice in writing given to the Comptroller  
 
(a)  if the authorised user has power to revoke the notice, by the authorised user; 
or  
 
(b)  in any other case, by the person who is  then the registered owner of the trade 
mark.  
 
Comptroller may seize good infringing trade mark  
 
112. (1)  This section shall apply to goods manufactured outside Saint Vincent and the 
Grenadines that:  
(a)  are imported into Saint Vincent and the Grenadines; and  
 (b)  are subject to the control of the cu stoms within the meaning of the Customs 
(Control and Management) Act.  
  IP/N/1/VCT/T/1 
 Page 59 
 
 
   (2)  If the goods to which this section applies  
 
(a)  have applied to them or in relation to them a sign that, in the opinion of the 
Comptroller, is substantially identi cal 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 that there are reasonable grounds for 
believing that the notified trade mark is not  infringed by the importation of the goods.  
 
 (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, secur ity in an amount that he considers sufficient to 
repay to the Government the expense that may be  incurred by the Government if the goods were 
seized.  
 
 (4)  Goods seized under this section must be kept in a secure place as directed by the Comptroller.   
Notice of seizure  
 113. The Comptroller shall, as soon as practicable  
(a)  give, either personally or by regist ered post to the designated owner of any 
seized goods a notice in writing identifying the goods and stating that they have been seized under section 112; and  
 
(b)  give, either personally or by regi stered post to the objector, or to each 
objector, a notice in writing:  
 
(i)  identifying the goods and stating that they have been seized under 
section 112; and  
 
(ii)  giving the full name and a ddress 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 re leased 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 in 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 
subsection 116 (1), within the extended period.  
 
Forfeiture of goods  
 
114. (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 Comptroller.  
 (2)  If the designated owner gives such a noti ce, the goods shall be forfeited to the State.  IP/N/1/VCT/T/1 
Page 60  
 
   
Release of goods to owner where no action for infringement  
 
115. (1)  The Comptroller shall release the seized goods to their designated owner if,  within 
the action period, the objector has not, or none of the objectors has  
(a)  brought an action for infringement of the notified 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 sei zed goods to their designated owner if  
 
(a)  before the end of the action period, the objector or each of the objectors has, 
by notice in writing to the Comptroller consented to the release 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 seized 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 
knowledge after the goods were seized, is satisfied that there are no 
reasonable grounds for believing that the notified trade mark has been infringed by the importation 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 purpose 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 of goods under section 116 (1); or  
 (b)  if there is more than one objector to the importation of the goods, the period 
beginning on the earliest day on which an objector may bring an action for 
infringement of the registered trade mark in respect of the goods under section 116 (1) and ceasing at the end of the last day on which an objector may bring such an action under section 116 (1).  
  IP/N/1/VCT/T/1 
 Page 61 
 
 
  Action for infringement of trade mark  
 
116. (1)  An objector may bring an action for infri ngement of a notified trade mark in respect 
of seized goods and give notice of it to the Comptroller  
(a)  if paragraph (b) does not apply with in the period of one month from the date 
of the notice given to the objector in respect of the goods under section 113;  
 (b)  if   
(i)  the objector has, before the end of the period, applied in writing to 
 the Comptroller 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 number 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 the action; and  
   (b)  shall allow the Comptroller to appear and be heard.    (3)  In addition to any relief that the cour t 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 considers 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 infringed 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 desi gnated owner or other defendant compensation, in 
the 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.    (5)  If, after twenty working days from the day on which the action was brought, there is not in force at any time an order of either  court preventing the goods from being released, the 
Comptroller shall release the goods to their designated owner.  
  (6)  If either court orders that the goods be released, the Comptroller must, subject to section 119, comply with the order.  IP/N/1/VCT/T/1 
Page 62  
 
   
Action for infringement by authorised user  
 
117. 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 infringe ment of the trade mark in respect of the goods 
within the required period without first ascertaini ng whether the registered owner is willing to bring 
the action.  
Disposal of forfeited goods  
 
118. 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. 
 Power of Comptroller to retain control of goods  
 
119. 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 
either court under section 116; 
if the Comptroller is required or allowed to reta in control of the goods under any other law of the 
State.   
Insufficient security  
 
120. 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 suffici ent 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 between those expenses and the amount of security  
(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.  
 
Government not liable for loss suffered because of seizure  
 
121. The State shall not be liable for any loss or damage suffered by a person:  
(a)  because the Comptroller seized, or failed to seized, goods under this Part; or  
 (b)  because of the release of any seized goods.  
  IP/N/1/VCT/T/1 
 Page 63 
 
 
  Power to require information  
 
122. (1) If goods that may be seized under this Part are imported into Saint Vincent and the 
Grenadines, and the Comptroller, relying on inform ation received, is satisfied on reasonable grounds 
that the use of a trade mark applied to or in re lation 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 in hi s 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 Vincent and the Grenadines; and   (ii)  the name and address of the person in Saint Vincent and the  Grenadines 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 ag ent commits an offence and shall be liable on 
conviction to a fine of ten thousand dollars.    
PART 17 
 
OFFENCES 
 
Falsifying, etc. a registered trade mark  
 
123. (1)  No person shall, intentionally or recklessl y, falsify or unlawfully remove a trade mark 
that has been applied  
(a)  to any goods that are being, or to be, dealt 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 person;  
 
(a)  alters or defaces it; or   (b)  makes any addition to it; or   
(c)  partly removes, erases or obliterates it;  
 without the permission of the registered owner, or an authorised 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.  
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Page 64  
 
   (3)  A person unlawfully removes a registered trade mark if the person wholly removes, 
erases or obliterates 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.  
 
Falsely applying a registered trade mark  
 124. (1)  A person shall not, intentionally or reckl essly 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; or  
 
(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.  
  (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 Registrar 
 or an order of the Court.  
 
Manufacture and possession of fie, etc.  for use in commission of offence  
 
125. (1)  A person shall not make a die, block, machine or instrument  
(a)  knowing that it is likely to be used for, or in the course of, committing an 
offence against section 123 or 124 or; 
 (b)  reckless as to whether or not it is lik ely to be used for, or in the course of, 
committing an offence against section 123 or 124.  
  (2)  A person shall not draw, or program a computer or other device 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 offe nce against section 123 or 124; or  
 (b)  reckless as to whether or not the trade mark or part of a trade mark is likely to 
be used for, or in the course of, comm itting an offence against section 123 or 
124.  
  IP/N/1/VCT/T/1 
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   (3)  A person shall not intentionally have in his possession, 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 registered trade mark; or  
 (c)  a representation of a registered trade mark or of part of a registered trade  mark  
 
knowing that, or reckless as to whether or not, the di e, 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.   
Selling, etc. goods with false marks  
 
126. 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  
 (d)  imports goods into Saint Vincent and the Grenadines for the purpose of trade or 
manufacture;  
 
knowing that, or reckless as to whether or not a falsifie d registered trade mark is applied to them or in 
relation to them or a registered trade mark has been unlawfully removed from them, or a registered 
trade mark is falsely applied to them or in relation to them.   
Penalty for offences  
 127. A person who contravenes section 123, 124, 125 or 126 commits an offence and shall be 
liable upon conviction to a fine not exceeding two hundred and fifty thousand dollars.  
False representations regarding trade marks  
 
128. (1)  A person shall not intentionally or reckl essly make representation to the effect that a 
trade mark is registered as a trade mark unl ess 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 reck lessly make representation to the effect that a 
part of a registered trade mark is registered as a trade mark unless the person knows, or has reasonable 
grounds to believe, that the part is registered as a trade mark in Saint Vincent and the Grenadines.  
 
 (3)  A person shall not intentionally or reck lessly make representation to the effect 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 registered  in Saint Vincent and the Grenadines in respect of 
those goods or services.   
 (4)  A person shall not intent ionally or recklessly make representation to the effect that 
the registration of a trade mark give exclusive right s to the use of the trade mark in circumstances in IP/N/1/VCT/T/1 
Page 66  
 
  which, having regard to conditions  or limitations 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 ta ken 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 regist ered 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 th at the trade mark is registered 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 tr ade mark is registered in that other 
country or in a country 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 country.  
 
 (6)  A person who contravenes a provision of this section commits an offence and upon 
conviction shall be liable to a fine of ten thousand dollars.  
 
False entries in Register  
 129. (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 that falsely purports to be a copy of, or an 
extract from, an entry in the Regist er 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.  
 
Disobeying summons 
 
130. (1)  A person  
(a)  who has been summoned to appear as a witness before the Registrar; and  
 
(b)  to whom a reasonable sum has been tendered in payment for expenses;  
 shall not, without reasonable excuse, fail to appear in answer to the summons.  
  (2)  A person  
 
(a)  who has been required by the Regist rar to produce a document or any other 
thing; and   IP/N/1/VCT/T/1 
 Page 67 
 
 
   
(b)  to whom a reasonable sum has been tendered in payment for expenses;  
 shall not, without reasonable excuse, 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.   
Refusing to give evidence 
 131. (1)  A person appearing before the Registra r 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 th at he is lawfully required to produce.  
  (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.   Unauthorised persons not to act in the trade marks matters 
 
132. (1)  A person shall not  
(a)  apply for, or obtain, on behalf of another person  
(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 another person to obtain or oppose  
 
(i)  the registration of a trade mark;   
(ii)  the making of an entry in the Register;  
 
(iii) the amendment, cancellation, removal or restoration of any entry in 
the Register; or  
 (c)  give advice to another person about th e validity of the registration of a trade 
mark or the infringement of a trade mark,  
 unless the person is an attorney-at-law.    (2)  A person who contravenes subsection (1) commits an offence and upon summary 
conviction shall be liable to a fine of ten thousand dollars.  
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Page 68  
 
  False representation about Commerce and Intellectual Property Office  
 
133. (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 business; or   
(iii) place on a document, as a description of his office or business;  
 the words “Commerce and Intellectual Property Offi ce” or words of similar import whether alone or 
together 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 connected with, the Commerc e 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.  
 
Employee not to prepare documents  
 
134. (1)  A public officer employed in the Commerce and Intellectual Property Office shall not 
prepare, or help to prepare, a document to be f iled under this Act unless requi red or authorised to do 
so by a written direction of the Registrar or an order of the Court.  
 (2)  A public officer who contravenes subsec tion (1) shall be liable to disciplinary action 
by the Public Service Commission.   
Conduct of directors, servants and agents  
 135. (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 
particular conduct, it sha ll 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 apparent authority; and  
 (b)  that the director, servant or agent had the state of mind.  
  (3)  Any conduct engaged in on behalf of a body corporate by a director, servant, agent of the body corporate within the scope of his actual or apparent authority is take n 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 mi nd of an individual in re lation to a particular 
conduct, it shall be enough to show  
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 Page 69 
 
 
  (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 act ual or apparent authority is taken to have been engaged in also by 
the individual, unless the individual establishes that  he took reasonable precautions and exercised due 
diligence to avoid the conduct.   
 (6)  For the purposes of this section;  
 
“director” in relation to a statutory body th at is constituted by one or more members 
 mean 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 inte ntion, opinion, belief or purpose.  
  
PART 18 
 
COLLECTIVE TRADE MARKS 
 
Application and definition  
 
136. (1)  For the purposes of this Part  
“collective trade mark” means a si gn 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 
distinguish 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 13 shall apply to 
collective trade marks and so apply as if  
 
(a)  a reference to a trade mark included a reference 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 do ing that thing for the registration of 
 the collective trade mark; and  
 (c)  a reference to a trade mark register ed by a person includes a reference to a 
 collective trade mark registered by an association.  
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Page 70  
 
   (3)  For the purposes of this Act  
 
(a)  the use of collective trade mark by a member of the association that is the 
 applicant for the registration of the coll ective trade mark is taken to be a use 
 of the collective trade mark by the applicant; and  
 
(b)  the use of a registered collective tr ade mark by a member of the association 
 that is the registered owner of the coll ective trade mark is taken to be a use of 
 the collective trade mark by the registered owner.  
 
 (4)  Section 23 applies in relation to a collec tive trade mark as if reference to the applicant 
were a reference to the members of the association th at applied for registration of the collective trade 
mark.   
Application for registration  
 
137. An application for the registration of a collectiv e trade mark shall be made by the association 
to which the mark belongs.  
Limitation on rights given by registered collective trade mark  
 
138. A member of an association in whose name a co llective 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.  
Assignment etc. of collective trade mark  
 
139. A collective trade mark may not be assigned or transmitted.  
Infringement of collective trade mark  
 
140. 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 members of the association as a 
result of the infringement.  
PART 19 
 
CERTIFICATION TRADE MARKS 
 
Interpretation  
 
141. (1)  For the purposes of this Part, “certif ication trade mark” means a sign used, or 
intended to be used to distinguish goods or services:  
(a)  dealt with or provided in the course of trade; and  
 (b)  certified by a person, the owner of th e certification trade mark, or by another 
person approved by that person, in rela tion 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 certified.   IP/N/1/VCT/T/1 
 Page 71 
 
 
   
 (2)  Subject to this Part, the provisions of th is Act relating to trade marks, other than the 
following shall apply to certification trade marks a nd so apply as if a reference to a trade mark 
included a reference to a certification trade mark:   
(a)  under section 2 of the definition of “authorised user of trade marks”;  
 (b)  section 3 subsection (1), (2) and (3);  
 
(c)  section 4 subsection (5);  
 
(d)  section 13 (1)   (e)  section 16 subsection (3), (4) and (5);   
(f)  section 23;  
 (g)  section 68;   (h)  section 101 and 107;   
(i)  Part 12.  
 
Rights given by registration of a trade certification trade mark  
 
142. (1)  If a certification trade mark is registered , the registered owner shall have subject to 
Part 2 and not withstanding subsection (1) of section 6, the exclusive rights to use, and to allow other 
persons to use, the certification trade mark, in rela tion to the goods or services or 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 th e use of the certification trade mark.  
 
 (3)  The rights pursuant to subsection (1) and (2) shall be deemed to have accrued to the 
registered owner as from the date of registration of the certification trade mark.    (4)  If a certification trade mark is regist ered under this Act subject to conditions or 
limitations, the rights of the registered owner shall be restricted by those conditions or limitations.  
 
 (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 t hose persons under this section shall be exercised by 
them as if they were the rights of a single person.   
Rights of persons allowed to use certification trade mark  
 
143. (1)  Where the registered owner of a registered certification trade mark allows another 
person to use the certification trade mark in relatio n 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 governin g the use of the certification trade mark.  
 (2)  For the purposes of the section “approve d user” means the person allowed to use a 
registered certification trade mark pursuant to subsection (1).   IP/N/1/VCT/T/1 
Page 72  
 
  Rules governing the use of certification trade marks  
 
144. (1)  A person who has filed an application for the registration of a certification trade mark 
shall file in accordance with the Re gulations, 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 which an approve d user is to be allowed to use the 
certification trade mark in relation to goods or services;  
 
(d)  the use of the certification trade mark by the owner, if he intends to use it, 
and any approved user; and  
 (e)  the settlement of any dispute arising from refusal  
 
(i)  to certify goods or services; or  
 
(ii)  to allow the use of the certification trade mark; and any other 
condition that the Registrar may permit.  
  (3)  For the purposes of this section “acquire d certifier” means a person approved for the 
purpose of certifying goods or services or both pursuant to subsection (2).  
 
Grant of application to register  
 
145. (1)  If after examining an application made pursu ant to this Part, the Registrar is satisfied 
that  
(a) the application has been made  in accordance with this Act;  
 (b)  subject to subsection (2), th e 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 the approved certif iers 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 distin guishing goods or services certified by the 
 applicant or an approved certifier from the goods or services not so certified;   
(e)  there are no other grounds for rejecting the application,  
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  the Registrar shall register the certification trade ma rk and issue a certificate to that effect to the 
applicant and shall publish notice 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 certifier, the 
Registrar shall take into account the extent to which 
 
(a)  the certification trade mark is inhe rently adapted so to distinguish those 
goods or services; or  
 
(b)  because of its use or any other circumstances the certification trade mark has 
become adapted so to distinguish those goods or services.  
  (3)  The Registrar may require the applican t to make amendments to any of the rules 
referred to in section 144 as the Registrar considers necessary.  
 
Refusal to Register  
 
146. (1)  The Registrar may, subject 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 applica tion made pursuant to this Part without giving 
the applicant an opportunity to be heard.  
 
Variation of rules  
 
147. (1)  Subject to subsection (2), the rules gove rning the use of a registered certification 
trade mark may be varied in accordance with the Regulations.  
 (2)  The rules governing the use of a certification trade mark shall not be varied without 
the approval of the Registrar.    (3)  Before dealing to approve a variation in  the rules governing the use of a certification 
trade mark the Registrar shall be satisfied that the rules as varied  
 
(a)  would not be detrimental 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 approve or not to approve the variation of rules governing the use of a certification and trade mark; and  
 
(b)  cause notice, if applicable, of any vari ation in the rules, to be published in the 
official journal.  
 
Rules to be available for inspection  
 
148. Rules governing the use of a registered certif ication trade mark shall be available for 
inspection at the same time and in the same manner as the Register.  IP/N/1/VCT/T/1 
Page 74  
 
  Assignment of registered certification trade mark  
 
149. (1)  A registered certification trade mark may be assigned only with the consent of the 
Registrar.  
 (2)  An application to the Registrar for hi s consent to the assignment of a registered 
certification trade mark shall be in the prescribed form.  
  (3)  In deciding whether or not give her c onsent, the Registrar may have regard to the 
matters provided for under the regulations.   
 (4)  A person aggrieved by a decision of the Registrar pursuant to this section may appeal 
to the High Court.   
Assignment of registered certification trade mark  
 150. (1)  A registered certification trade mark shall not be assigned unless with the consent of 
the Registrar.  
 (2)  An application to the Registrar for hi s 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 Regulations, 
grant or refuse consent.  
  (4)  A person aggrieved by a decision of the Registrar pursuant to this section may appeal 
to the Court.   Rectification of Register by order of Court  
 
151. (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 made or remaining on the Register;  
 (c)  entering any condition or limitation a ffecting the registration of a trade mark 
that ought to be entered.  
 
 (2)  An applicant, referred to in subsec tion (1) may be made on any of the following 
grounds:   
(a)  any of the grounds on which the registration of the trade mark should have 
been opposed under Part 7 or on the grounds that the trade mark is capable of distinguishing goods or services certified by the applicant or an approved 
certifier from goods or services not so certified;  
 (b)  an amendment of the application fo r the registration of the trade mark was 
obtained as a result of fraud, false suggestion or misrepresentation;  
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 Page 75 
 
 
  (c)  because of the circumstances applyi ng at the time when the application for 
rectification is filed, the use of the tr ade 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 the trade mark could have been opposed under 
section 40.  
 
 (3)  The Court may on the application of a pe rson aggrieved, order that the Register be 
rectified by cancelling the registration of a certifica tion trade mark, or removing or amending an entry 
in the Register relating to the certification trade mark, on the ground that   
(a)  the registered owner or approved cer tifier 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 governing the use of the certification trade mark are detrimental to 
the public; or  
 
(c)  the registered owner or an appr oved user has failed to comply with a 
provision of the rules governing the use of the certification trade mark.  
  (3)  Notice of an application to the Court pursuant to subsection (1) shall be given to the Registrar.  
 
 (4)  Except for cases in which the Court dire cts the Registrar to appear, the Registrar may 
appear before the High Court and be heard at his discretion.    (5)  A copy of any order made by the C ourt under this section shall be given to the 
Registrar and the Registrar shall comply with the order.  
 
Variation of rules by order of Court  
 
152. (1) The Court may, on the application of a pe rson 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.  
 
Copy of order and rules  
 
153. (1) A copy of any order made by the Cour t under this section shall be given to the 
Registrar.  
 (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.    IP/N/1/VCT/T/1 
Page 76  
 
  PART 20 
 
DEFENSIVE TRADE MARKS 
 
Defensive trade marks  
 
154. (1)  If, because of the extent to which a regist ered trade mark has been used in relation 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 indicat e that there is a connection between those other 
goods or services and the registered owner of the trad e mark, the trade mark may, on the application 
of the registered owner, be registered as a defensiv e trade mark in respect of any or all of those other 
goods or services.  
 (2)  A trade mark may be registered as a de fensive trade mark in respect of particular 
goods or services even if the registered owner does no t use or intend to use the trade mark in relation 
to those goods or services.  
 
 (3)  A trade mark may be registered as a de fensive trade mark in respect of particular 
goods or services even if it is already registered othe rwise than a defensive trade mark in the name of 
the applicant in respect of those goods or services.    (4)  A trade mark that is registered as a defe nsive trade mark in respect of particular goods 
or services may be subsequently registered otherwi se than as a defensive trade mark in the name of 
the registered owner in respect of the same goods or services.   
Application of Act  
 155. Subject to this Part, the provisions of this Act, other than section 6 (1), 13 (1) (b), 23, 39, 101 
and 107, Part 12 and Part 19 apply to defensive trad e marks and so apply as if a reference to a trade 
mark included a reference to a defensive trade mark.  
Additional grounds for rejecting application for registration or opposing registration  
 
156. In addition to any ot her ground on which  
(a)  an application for the registration of a trade mark as a defensive trade mark may be 
rejected; 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 opposed;  
 
(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 of the trade mark 
in relation to the goods or services in respect  of which its registration as of defensive 
trade mark is sought will be taken to indicat e that there is a c onnection between those 
goods or services and the registered owner.  
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 Page 77 
 
 
  Amendment or cancellation of registration by order of court  
 
157. Section 68 applies in relation to a defensive trade mark as if “or under section 156” were 
added at the end of subsection (2) (a).  
Cancellation of registration by Registrar  
 
158. 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 21 
 
JURISDICTION AND POWERS OF COURTS 
 
Jurisdiction of the High Court  
 159. (1)  The High Court has jurisdiction with respect to matters arising under this Act.  
 (2)  The jurisdiction of the High Court to hear and determine appeals against decisions, 
directions or orders of the Registrar shall be ex clusive of the jurisdiction of any other court.  
  (3)  A prosecution for an offence against this  Act may not be started in the High Court.  
 Transfer of proceedings  
 
160. (1)  A Magistrate’s Court in which an action or proceeding under this Act has been started 
may, on the application of a party made at any stage,  by an order, transfer the action or proceeding to 
another court having jurisdiction to hear and determine the action or proceeding.  
 (2)  When a court transfers an ac tion or proceeding to another court  
 
(a)  all relevant documents of record file d in the transferring court shall be sent to 
the other court by the Registrar or other appropriate officer of the transferring 
court; and  
 
(b)  the action or proceeding shall continue in the other court as if  
 
(i)  it had been started there; and   (ii)  all steps taken in the transferring court had been taken in the other 
court.  
 
Appeals  
 
161. (1)  An appeal lies to the High Court against a judgement or order of lower court 
exercising jurisdiction under this Act.  
 (2)  Except with the leave of the Court of A ppeal, an appeal does not lie to the Court of 
Appeal against a judgment or order of a single judge of the High Court in the exercise of its jurisdiction to hear and determine appeals from decisions or directions of the Registrar.  
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   (3)  With the special leave of the High Cour t, an appeal lies to the High Court against a 
judgement or order referred to in subsection (1).    (4)  Except as otherwise provided by this section, an appeal does not lie against a judgment or order referred to in subsection (1).  
 
Registrar may appear in appeals  
 
162. The Registrar may appear and be heard at the hearing of an appeal to the High Court against a 
decision or direction of the Registrar.  
Powers of Court  
 
163. On hearing an appeal against a decision or di rection of the Registrar, the Court may do any 
one or more of the following:  
(a)  admit further evidence orally, or on affidavit or otherwise;  
 
(b)  permit the examination and cross-ex amination 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 decision or direction;  
 (e)  give any judgment, or make any order, th at, in all the circumstances, it thinks fit;  
 (f)  order a party to pay costs to another party.  
 
 
PART 22 
 
ADMINISTRATION 
 
Registrar of Commerce and Intellectual Property Office  
 
164. The Registrar shall have the powers and functi ons that are given to him under this Act and 
any other Act and shall be responsible for the administration of this Act.  
Registrar’s powers  
 
165. 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 articles; and  
 (d)  award costs against a party to proceed ings 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.   IP/N/1/VCT/T/1 
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Exercise of power by Registrar  
 
166. The Registrar may not exercise a power under this Act in any way that adversely affects a 
person applying for the exercise of that power  without first giving that person a reasonable 
opportunity of being heard. 
Registrar to act as soon as possible  
 
167. If  
(a)  the Registrar is required under this Act to 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.   Deputy Registrar  
 
168. (1)  Subject to any direction by the Registra r, a Deputy Registrar has all the powers and 
functions of the Registrar, 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 opinion, 
belief or state of mind of the Registrar in relation to  a matter, that power or function 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 Ac t or another Act is dependent on the opinion, 
belief or state of mind of the Registrar in rela tion to a matter, that provision may operate on the 
opinion, belief or state of mind of a Deputy Registrar in relation to that matter.  
 
Delegation of Registrar’s powers and functions  
 
169. (1)  The Registrar may by signed instrument delegate all or any 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 Property 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 th e instrument of delegation, exercise or perform a 
delegated power or function under th e direction or supervision of  
 
(a)  the Registrar; or  
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  (b)  a person specified in the instru ment, being a person referred to in 
 subsection (1) (a) or (b).  
  
PART 23 
 
THE REGISTER AND OFFICIAL DOCUMENTS 
 
The Register  
 170. (1)  A Register of Trade Marks is to be kept at the Commerce and Intellectual Property 
Office.  
 (2)  The Registrar shall enter in the Register in accordance with this Act  
 
(a)  all particulars of registered trade ma rks, 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, certifi cation 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.  
  (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.  
 
Register may be kept on computer  
 
171. (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.  
 
Register  
 
172. (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 certified by the Registrar to be a 
true record or extract is admissible 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 co mputer 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.  
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  Certified copies of documents  
 
173. (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 specified 
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 publ ic inspection at the Commerce and 
Intellectual Property Office on a specified date or during a specified period;  
 shall be prima facie evidence of the matters so state.   
 (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 admissible in any 
proceedings as if it were the original.    
PART 24 
 
MISCELLANEOUS 
 
Making and signing applications and filing of documents  
 174. An application, notice or request required or pe rmitted 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.  
Withdrawal of application etc.  
 
175. (1)  A person who has filed an application,  notice or request 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 pe rson relied to file the application, notice 
or request has become vested in another person; and  
 
(b)  the other person notifies the Registrar in writing that the right or interest is 
vested in him;  
 the other person may withdraw the application, no tice or request as provided in subsection (1).  
 Address for service  
 
176. (1)  The address for service of a person who has filed an application, notice or request is  
(a)  the address for service stated in th e application, notice or request; or  
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  (b)  if the person subsequently notifies in writing another address to the Registrar, 
that other address.  
  (2)  Where a trade mark is registered, or a clai m to an interest in, or to a right in respect 
of, a registered trade mark that a person has is record ed in the Register, the Re gistrar 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, th e 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 th e 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 hi s or her address 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 respect of, a trade mark is recorded in the Register, shall notify the Registrar 
in writing of any change in his address for service 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 trade mark 
is recorded in the Register;  
 
is the address set out from time to time in the Register as being the address for service of the 
registered owner or of the person.    (5)  An address for service shall be an a ddress 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 person 
 
(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 a ddress for service, the document may be 
served on an agent of the person in Saint Vincent and the Grenadines.  
 
Change of name  
 
177. (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 change.  
 (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 a right in respect of, a trade mark 
is recorded in the Register;  
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  the registered owner or the person shall notify the Re gistrar in writing of the change and the Registrar 
shall amend the Register accordingly.   
Death of applicant etc.  
 178. (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 regist ered, the Registrar is satisfied that the person 
in whose name the trade mark is registered had di ed, or, in the case of a body corporate, had ceased to 
exist, before registration was granted, the Regist rar may amend the Register by substituting for the 
name entered in the Register the name of the person who should be th e registered owner of the trade 
mark.   
Description of registered trade mark  
 179. In an indictment, information, pleading or pro ceeding 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.  
Evidence of usage of trade mark  
 
180. In an action or proceeding relating to a trade ma rk, evidence is admissibl e of the usage of the 
trade concerned and of any relevant trade mark or  trade name legitimately used by other persons.  
Death of party to proceeding before Registrar  
 
181. If a person who is party to a proceeding pending before the Registrar dies, the Registrar may  
(a)  on being asked, substitute in the proc eeding another person in the place of the 
deceased party if the Registrar is satisfied that the interest 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.  
 
Costs awarded by Registrar  
 
182. (1)  The Registrar may award costs in respec t of the matters, and in the amounts, provided 
for in the Regulations against any party to proceedings brought before him.  
 (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.   Security for costs  
 
183. If a person who neither resides nor carries on bus iness in Saint Vincent and the Grenadines  
(a)  gives notice of opposition under this Act; or  IP/N/1/VCT/T/1 
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(b)  applies to the Registrar under Part 12 for a trade mark to be removed from the 
Register;  
 the Registrar may require the person to give secur ity for the costs of the proceeding and may, if 
security is not given, dismiss the proceeding.  
 
Fees  
 
184. (1)  The Minister responsible for trade marks may make Regulations prescribing the fees 
to be paid for the purposes of this Act and may presc ribe different fees in respect of the doing of an 
act according to the time when the act is done.  
 (2)  Prescribed fees shall be payabl e in accordance with the Regulations.  
  (3)  If a fee is payable in respect 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 Comptroller; 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 notif ies the person concerned or his or her agent, 
in accordance with the Regulations, 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.  
 
Extension of time  
 
185. (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 sha ll extend the time for doing the 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 person 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 applica tion made by the person concerned in accordance with 
the Regulations, extend the time for doing the act.    (3)  If   
(a)  a relevant act that a person is require d by this Act to do within a certain time 
is not, or cannot be, done within that time; and  
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  (b)  on application made by that pers on in accordance with the Regulations, the 
Registrar is of the opinion that special  circumstances exist that justify an 
extension of that time;  
 the Registrar may extend 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, the Registrar shall publish notice of the application in the official journal.  
  (6)  A person may, as prescribed, oppose the granting of the application.    (7)  An appeal against the decision of the Regi strar not to extend the time for the doing of 
an act, lies 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 prescribed document; or   (c)  any proceedings, other than court proceedings.  
 
Publication of documents  
 
186. The Registrar may prepare, publish and sell documents relating to trade marks as the 
Registrar thinks fit.  
Use of trade mark for export trade  
 
187. (1)  If  
(a)  a trade mark is applied in Saint Vincent and the Grenadines -  
 
(i)  to, or in relation to goods that are to be exported from Saint Vincent 
and the Grenadines;  
 (ii)  in relation to services that are to be exported from Saint Vincent and 
the Grenadines; or  
 (b)  any other act is done in Saint Vi ncent and the Grenadines to goods to be 
exported from Saint Vincent and the Grenadines or services to be exported 
from Saint Vincent and the Grenadines whic h, if done in relation to goods or 
services to be dealt with or provided in  the course of trade in Saint Vincent 
and the Grenadines, would constitute a u se of the trade mark in Saint Vincent 
and the Grenadines;  
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  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 from Saint Vincent 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.  
 
Passing off actions 
 
188. (1)  Except as provided in subsection (2), th is 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 owne r 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 defendant if the defendant  satisfies the Court or Magistrate’s Court  
 
(a)  that, at the time when the responde nt began using the trade mark, he was 
unaware, and had no reasonable means of finding out, that the trade mark of 
the claimant was in use; and  
 (b)  that, when the defendant became aw are of the existence and nature of the 
person aggrieved’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 aggrieved.  
 
Expenses 
 
189. Any expenses incurred pursuant to this Act sha ll be a charge on the Consolidated Fund.  
Regulations  
 
190. (1)  The Minister may after consultation w ith the Registrar, make Regulations -  
(a)  prescribing matters required or permitted by this Act to be prescribed;  
 
(b)  prescribing matters necessary or conve nient to be prescribed for carrying out 
or giving effect to this Act;  
 (c)  prescribing matters necessary or c onvenient to be prescribed for the conduct 
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 Regulations;  
 
(b)  require persons to make statutory decl arations in support of any application, 
notice or request filed under this Act;   IP/N/1/VCT/T/1 
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(c)  provide for the making of a declaration, or the doing of an act, under this Act 
on behalf of a person who, because of  infancy or physical or mental 
disability, is unable to make the declaration or do the act;  
 
(d)  provide for the refund, in specific circumstances, of the whole or part of a fee 
paid under this Act;  
 (e)  provide for the remission of, or the ex emption of specified classes of persons 
from the payment of, the whole or part of a Registrar;  
 
(f)  provide for the expenses and allowanc es to be paid to witnesses or persons 
attending at proceedings before the Registrar;  
 (g)  give power to the Registrar - 
 
(i)  to require, in specified circ umstances, a person applying under 
Part 12 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 relating 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 
exceeding two hundred and fifty dollars;  
 (j)  make transitional or consequen tial provision as necessary or convenient 
because of the repeal of the repealed Ac ts and the enactment of this Act.  
 
Repeal  
 
191. The Registration of United Kingdom Trade Ma rks Act and the Merchandise Marks Act are 
hereby repealed.  
Transitional  
 
192. (1)  A trade mark that, immediately before the date of commencement of this Act, was 
registered under the Registration of United Kingdom Tr ade Marks Act is a registered trade mark for 
the purposes of this Act.  
 (2)  The registration of an existing trade ma rk 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.  
  (3)  Part 9 sections 55 to 60 shall apply in re lation to the renewal of the registration of an 
existing trade mark.  
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   (4) (1)  Subject to subsection (3),  an application or request that:  
 
 (a) was lodged with the Registrar in accordance with the Registration of 
 United Kingdom Trade Marks Act; and  
 
 (b) was pending immediately before th e 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.  
 
  (2)  Subject to subsection (3), the filing date in respect of an application referred 
 to in subsection (1) is the day on wh ich the application was lodged with the 
 Trade Marks Office under the Registration of United Kingdom Trade Marks  Act.  
 
  (3)  If an application for the registration in the old register of the assignment or 
 transmission of an existing registered mark was pending immediately before  the commencement date of this Act, th is Act shall apply in relation to the 
 application as if:  
 
(a)  it were an application under section 89 for a record of the assignment 
 or transmission to be entered in the Register; and  
 (b) that application was filed after th e commencement date of this Act.  
  (5) The Registrar shall continue to keep in  accordance with this Act all documents that, 
immediately before the commencement date of th is Act, were kept by a registrar under the 
Registration of United Kingdom Trade Marks Act.    (6) If, immediately before the commencement date of this Act, the proprietor of an 
existing registered mark had appointed an agent in Saint Vincent and the Grenadines, the business 
address of that agent is the address for service of th e registered owner of the mark for the purposes of 
this Act until the registered owner notifies a nother address to the Registrar under section 176.  
 If immediately before the commencement date of this  Act, the proprietor of an existing registered 
mark had not appointed an agent in Saint Vincent and the Grenadines, and the address then entered in 
the old register as the address of the proprieto r 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 address of in Saint 
Vincent and the Grenadines as his address for service.    
Passed in the House of Assembly this 16
th day of October 2003.  
  
  NICOLE HERBERT  
  Clerk of the House of Assembly (Ag.)  
 
 
__________