Trademark registration in Saint Kitts and Nevis. Saint Kitts and Nevis, officially the Federation of Saint Christopher and Nevis, is an island country in the West Indies. Saint Kitts and Nevis is a twin-island federation whose economy is characterized by its dominant tourism, agriculture, and light manufacturing industries. St. Kitts and Nevis is heavily dependent upon tourism to drive its economy, a sector that has expanded significantly since the 1970s. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of trademark registration in Saint Kitts and Nevis.
Trademark in Saint Kitts and Nevis
St. Kitts and Nevis follows the first to file principle. Accordingly, in order to obtain trademark protection in this country, the applicant needs to file for trademark registration.
However, there are some rare cases in which a trademark can be protected even if it isn’t registered in St. Kitts and Nevis.
The signs which can be registered as a trademark in St. Kitts and Nevis are:
- Company name or the name of the person with registration in uppercase letters, in block letters, or in some other distinctive style;
- Signature in writing;
- Picture, distinctive symbol, logo;
- Hologram, packaging, label, slogan;
- Any original words;
- Word or text that is not relevant to the quality or nature of the product and is not a geographical name.
Necessary documents for trademark registration in Saint Kitts and Nevis
Necessary documents for trademark registration in Saint Kitts and Nevis include:
- The application for trademark registration in St. Kitts and Nevis;
- Detailed information of the applicant (name, nationality, and address, etc.);
- Detailed information of the representative or attorney (name, nationality, and address, etc.);
- Classification of goods and/or services;
- Trademark sample;
- Priority documents (If any);
- The prescribed fee;
- Other necessary documents.
The procedure of trademark registration in Saint Kitts and Nevis
To establish ownership of a trademark in Saint Kitts and Nevis, the applicant needs to file their trademark application to the Intellectual Property Office (IPO) of the Ministry of Justice and Legal Affairs of Saint Kitts and Nevis.
If there are no errors detected, the trademark will be published in the Gazette of the Registrar.
After the publication, the trademark will be opened for a 3 month oppositions period in which any third parties who feel like their rights are violated may file for the opposition of the registration of the trademark.
The protection period of a trademark
After registration, the trademark will have a protection period of 10 years from the filing date.
Every 10 years, the trademark owner may file for renewal of the trademark to extend the protection period for another 10 years.
If the trademark owner misses the deadline for the extension of the trademark, he/she can still file for trademark renewal during the 6 months grace period after the expiration date.
Use requirement of a trademark in Saint Kitts and Nevis
A trademark in this country doesn’t need to be in use at the time of filing for its trademark registration.
However, the trademark must not be unused for more than 3 years after the registration or it will become vulnerable to cancellation actions for lack of use
Notes when filing for trademark registration in St. Kitts and Nevis
Saint Kitts and Nevis is a member of the Paris Convention. Accordingly, the applicant can claim priority under the Paris Convention if the trademark is in dispute with other parties.
However, this country is not a member of the Madrid System. Accordingly, the applicant can’t file for trademark registration through the Madrid System to obtain trademark protection in this country.
You can see a list of Saint Kitts and Nevis IP firms here.