Trinidad and Tobago: Trade Marks Act, 2015 (Act No. 8 of 2015)

June 25, 2020

Trinidad and Tobago: The Trade Marks Act, 2015 (Act No. 8 of 2015) was passed on June 12, 2015, and entered into force on June 25, 2020.

The Act has modernized the trademark law system, including inter alia:

(i) Recognizing international registrations obtained under the provisions of the Madrid Protocol;

(ii) Introducing a broader definition of trademarks;

(iii) Expanding protection of well-known marks;

(iv) Allowing the registration for collective marks;

(v) Eliminating the previous division of the trademark registry into separate categories for marks that are "distinctive" and those that are "capable of distinguishing". All trademarks now appear in a single register;

(vi) Revising the rules on the revocation of trademarks on the grounds of non-use;

(vii) Providing an electronic system relating to trademarks records, which are detailed in the Trade Marks Regulations, 2020, and which are made in tandem to the deposit of the instrument of accession by Trinidad and Tobago to the Singapore Treaty on the Law of Trademarks on October 4, 2019; and

(viii) Enhancing border enforcement protection against counterfeit trademarks goods; which are specified in the Trade Marks (Border Enforcement Measures) Regulations, 2020.