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Design Registration Trinidad and Tobago

 Design Registration Trinidad and Tobago

Design Registration Trinidad and Tobago

Here you can mandate us to obtain design protection in Trinidad and Tobago. We will prepare and file your design application in Trinidad und Tobago. Our offer includes the fees of the intellectual property office for the application, publication and registration of your design. You will find more information below.

$1,100.00  incl. official fees

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$1,100.00  incl. official fees
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Details Design Registration Trinidad and Tobago

Protection Period (years) 5
max period of protection maximum (years) 15
Power of Attorney must be legalised/apostilled/notarized Yes
legal advice by phone or email Yes
miscellaneous No
Annuities N/A
Price includes trademark office fees Yes
Here you can mandate us to obtain design protection in Trinidad und Tobago. We will prepare and file your design application in Trinidad und Tobago and inform you about the progress of proceeding.

The design of a product is one of the decisive factors for its market success. It can become an important asset of your company, particularly if it is a bestseller. We protect your design and file a request for a registered industrial design in Trinidad und Tobago. Our offer includes the fees of the patent office for registration, publication and registration.

The registered industrial design will give the excluive right of exploitation of a registered industrial design what means the making, selling, importing or otherwise distributing, for commercial purposes, articles bearing or embodying a design which is a copy, or substantially a copy, of the industrial design. The exploitation of a registered industrial design in Trinidad and Tobago by persons other than the registered owner shall require the agreement of the latter.

A registered design right in Trinidad und Tobago will be established through a registration.

In Trinidad and Tobago any composition of lines or colours, any three-dimensional form or any material whether or not associated with lines or colours, is deemed to be an industrial design where such composition, form or material gives a special appearance to a product of industry or handicraft, can serve as a pattern for a product of industry or handicraft and appeals to and is judged by the eye.

An industrial design is registrable if it is new.

An industrial design is new if it has not been disclosed to the public anywhere in the world by publication in tangible form or by use or in any other way, prior to the filing date or, where applicable, the priority date of the application for registration. A disclosure to the public of an industrial design shall not be taken into consideration if the disclosure occurred within 12 months preceding the filing date (or priority date) of the application; and was by reason or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title.

The maximum term of protection in Trinidad und Tobago is 15 years provided the registration is renewed 2 times for periods of 5 years each.

The first term of design protection in Trinidad und Tobago will be five years calculated from the date of filing. In certain cases the date of filing starts 6 months before the actual application date, namely if an application for an industrial design was filed before in a foreign country but not longer than 6 months before the application in Trinidad and Tobogo and if the priority of this foreign application date for the new application in Trinidad and Tobogo was claimed.

The registered design in Trinidad und Tobago is an unexamined industrial property right. Neither the office nor we will examine the novelty and individual characteristic of your design. Both, novelty and the individual characteristic of the design, will statutorily be presumed because of the registration. These provisions will optimize your legal position: every third person contesting the registered industrial design has the burden of proof that the design had not been known to the public before the priority date.

The right to registration of an industrial design shall belong to the creator. Where the applicant is not the creator, the request shall be accompanied by a statement justifying the applicant’s right to registration of the industrial design. Where two or more persons have jointly created an industrial design, the right to registration of the industrial design shall belong to them jointly. Where an industrial design is created in execution of an employment contract, the right to registration of the industrial design shall belong, in the absence of contractual provisions to the contrary, to the employer.

Two or more industrial designs may be the subject of the same application if they relate to the same class of the International Classification or to the same set or composition of articles.

An application, at the time of filing, may contain a request that the publication of the industrial design, upon registration, be deferred for a period not exceeding twelve months from the date of filing, or if priority is claimed, from the date of priority, of the application. During the period of deferment of publication, legal proceedings on the basis of a registered industrial design may not be instituted unless the information contained in the Register and in the file relating to the application has been communicated to the person against whom the action is to be brought. At the expiry of the period of deferment, the Controller shall publish the registered industrial design.

Opposition cannot be filed by a third party in Trinidad und Tobago during registration process.

Where the Controller is satisfied that the application complies with the legal requirements he shall register the industrial design, publish a reference to the registration and issue to the applicant a certificate of registration of the industrial design.

After registration everybody has the right to start an action for annulment in case he may give proof of lack of novelty and lack of individuality of the registered design.

In Trinidad und Tobago multiple design application are possible if the multiple designs belong into the identic Locarno class. Such a multiple application will affect the reduction of the office fees. One design may be shown by several pictures or drawings, but for each view beyond the first one separate fee shall be paid for due to the costs of publication.

For the registration of a design in Trinidad und Tobago you need:

- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);

- drawings, photographs or other adequate graphic representations of the article embodying the industrial design only; views shall show your design in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); please note that the protection will rest on what can be seen in the views only.

- contact details of the client;

- contact details of the to be registered owner of the design right and

- if the registered owner shall be a juristical person we need a copy of the commercial register;

- name of the natural person(s) who created the design; where the applicant is not the creator the request shall be accompanied by a statement justifying the right of the applicant to the registration of the industrial design.

- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;

- in case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.

If you engage us we will render the following services :

- Preparation of the filing including selection of the classes of goods (Locarno-classification);

- Examination of the images in regard to the formal requirements (we do not review if the design has novelty and individual characteristic);

- requesting additional documents or new images;

- legal advice with regard to the filing process and documents;

- sending the prepared filing details to you for review;

- Filing the application at patent office;

- Representation of the applicant in front of the office;

- Payment of the office fee (application fee, registration fee, publication fee);

- Transmission of office documents as well as the letter confirming the application;

- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application;

- Receipt, checking and forwarding of the registration certificate (if available) and a copy of an extract from the register;

- Receipt and transmission of all documents sent from the patent office after the registration;

- docketing and deadline, renewal time monitoring.

Our offer does not include services in regard to oppositions or office actions.

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