Trademarks & Patents Overview

The Trademark Ordinance 1981 regulates the Registration of Trademark services in the Turks and Caicos Islands. The Registrar of Trademarks is responsible for all Registrations of marks and services in the Financial Services Commission.

Trademarks

Trademarks are registered in the class of goods or services as described in the International Nice agreement. These goods or services are classified in legislation from classes 1-45.

Registrable Trademarks or Services

A registrable trademark or service must consist of the following particulars:

  1. Name of a company, individual services mark of the company or firm represented in a special or particular manner
  2. The signature of the applicant for registration or some predecessor in his business
  3. An invented word or words
  4. A word or words having no direct reference to the character or quality of the goods or services being according to its signification a geographical name or surname
  5. Any other distinctive mark, but a name, signature or word or words, other than such as fall within the descriptions in the forgoing paragraphs, shall not be deemed to be a distinctive mark except by order of the court

Registered trademarks are registered for 10 years from the expiration of the original registration or the last renewal of registration.

Trademarks can be assigned, transmitted, associated, combined and one proprietor can also acquire a series of trademarks in accordance with the legislation.

Right to Register

The Proprietor of any Trademark registered in the United Kingdom upon payment of the prescribed fee is entitled to registration of such mark or service in the Islands upon the production of a certificate of registration of such mark or services in the United Kingdom.

Other Countries

Trademarks registered in other countries may be accepted for registration as long as the Governor is satisfied that suitable procedures exist in the other country for Registration of Trademarks.