TRADEMARKS AND PATENTS
The new trademarks and patents acts
Recently the Intellectual Property laws in Grenada got a makeover. Essentially, our IP laws became less reliant on prior registrations in the UK and become more independent. Both the Trademarks Act and the Patents Act have been revamped, providing the legal framework for these changes.
Now more than ever, applicants for Trademarks and/or Patents need to rely on the help of legal professionals to navigate through the process.
Afi Ventour & Co. are highly experienced with these new legal regimes and pride ourselves on our expertise in the area.
We are proud to be the legal editors for Grenada’s IP laws in the prestigious Kluwer Law International Encyclopedia of Laws for Intellectual Property Law.
Afi Ventour & Co. were honoured to be selected as editors for Grenada by Kluwer Law International and we know that this is as a result of our level of professionalism and diligence in meeting our clients’ needsand a showcase for our expertise in the field of IP law.
From our experience, we have advised and assisted both multinational corporations wishing to register Trademarks in Grenada and small local businesses wishing to do the same. Afi Ventour & Co. is always glad to ensure that our clients’ needs are met by offering the highest quality of service.
A Trademark is any sign (capable of being represented graphically), which is distinguishingcapable goods and services of one company, individual or partnership, from those of another.
In Grenada, the exclusive right to a Trademark is acquired by registration of the Trademark in the Register of Trademarks maintained at the Office of the Registrar of Trademarks, in the Corporate Affairs and Intellectual Property Office (‘CAIPO’) of Grenada.
Trademark applicants who have their ordinary residence or principal place of business outside of Grenada must be represented in the process by a local agent or an Attorney at Law. Afi Ventour & Co. are qualified local agents for the purpose of Trademark applications.
Afi Ventour & Co. will advise and provide assistance to our clients on matters relating to:
- Completion and filing of the application for registration of Trademarks;
- Whether a mark is capable of registration in the Trademarks Register;
- Filing any required statements or counterstatements and/or defences to an opposition to the registration of your Trademark; and
- Liaising with the Office of the Registrar of trademarks on your behalf.
In addition to guiding and assisting our client’s in registering their Trademarks, Afi Ventour & Co. provide continued servicing of the Trademarks as registered, including:
- Changes in name or address of the Trademark holder;
- Merger and/or assignment of your Trademark;
- Licensing your Trademark to another person and drafting licensing agreements;
- Advise on any changes in the law;
- Prosecuting infringements of your Trademark; and
- Renewal of the Trademark registration upon expiration of the term (10 years).
We also advise and provide services to our clients wishing to oppose the registration of a Trademark by another person, or instituting invalidation proceedings against a Trademark registered by another person.
A Patent secures the patent holder the sole right and privilege, during the term of the Patent, of making, using, exercising, and selling the patented invention within Grenada.
In other words, during the term of the Patent, no one else within Grenada shall directly or indirectly make use of the patented invention or imitate the same without the consent, licence or agreement of the Patent holder.
In Grenada, a Patent has effect throughout the country. The duration of a Patent is fourteen (14) years. However, a Patent will cease if the Patent holder fails to make certain payments within prescribed times. Every Patent is granted for one (1) invention only.
An applicant for a Patent may be any person, including a corporation. However, if the applicant does not reside in Grenada, he or she must give a postal address within Grenada. Afi Ventour & Co., in addition to providing other services in the application of a Patent, may offer our office address for use to by our clients where necessary, ensuring that our clients never miss any official communications.
An application for a Patent must be accompanied by a specification. A specification describes and/or explains the nature of the invention, what the invention does and how it is used. A specification includes tracings, drawings and diagrams.
Successful applicants will be granted a Patent for their invention.
Applications for Patents may be opposed on the grounds that the invention was obtained by the applicant from the person opposing the application, or on the ground that the invention has been previously patented in Grenada.
Afi Ventour & Co. offer a full spectrum of services aimed at securing Patents for our clients including:
- Advising on the process of application;
- Completion of application forms;
- Advising on the schedule of fees payable and any pertinent dates;
- Serve as your postal address in Grenada; and
- Liaise with the Office of the Registrar on your behalf.