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Newsletters and Bulletins / March 1999 / Trinidad & Tobago |
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Trinidad & Tobago - New Trademark Law Supplementing the report in our July 1997 Newsletter (N.S. 188),
we have been advised that the expected Trade Marks (Amendment)
Act and implementing Trade Marks (Amendment) Rules have entered
into force in Trinidad & Tobago, and their principal features
are summarized below.
1. A single application may cover several classes of goods and/or
services.
2. Where an agent or representative of a trademark owner registers such mark without the owner's consent, the owner shall have 3 years within which to apply for a declaration of invalidity or rectification of the Register to substitute his name as owner of the registered mark. No injunction will be granted to restrain use of the mark by an agent or representative where the trademark owner has acquiesced in such use for a continuous period of 3 years or more. 3. The owner of a registered trademark, or registered user under certain circumstances, may give Notice to the Comptroller of Customs and Excise objecting to the importation of goods that infringe the trademark. Such Notice remains in force for 2 years, unless revoked before the end of this period. Goods manufactured outside and imported into Trinidad & Tobago, which bear an infringing mark, may be seized by Customs. The Comptroller may require security to be furnished by the objector to the importation of the infringing goods. The Act also contains provisions for the forfeiture and release of seized goods. |
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