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Montserrat

Montserrat

Trademarks - General Information

  • Filing System: Multi-Class Filing System.
  • Classification of goods/services: national classsification.
  • Registrables: trademarks, collective marks, 3D marks, quality marks (certification marks).
  • Member of Paris Convention: no.
  • Claiming priority under Paris Convention: no.
  • Filing international registration under Madrid Agreement: no.
  • Filing international registration under Protocol to Madrid Agreement: no.
  • Protection (registration) duration: 10 years from registration date.
  • Examination type: formal and substantive examination.
  • Publications: in the Official Gazette after acceptance.
  • Opposition period: 3 months.
  • Time limit to pay publication fees after acceptance: no time restriction.
  • Time limit to pay registration fees after the end of the opposition period: no time restriction.
  • Use: a registered mark may be subject for a cancellation action by any interested party if it has not been used for 5 consecutive years.
  • Renewal application can be made within: 12 months before expiry.
  • Renewal duration: 10 years.
  • Grace period to renew after expiration: 6 months with penalty.
  • Method of conducting the search: official search only.
  • Search for a device: possible.
  • Time required to complete the search: 3 days.
  • Claiming goodwill upon assignment: optional.
  • Time period of the license: can be decided by parties.

It usually takes six months or less for the Registry of Trade Marks in the Colony of Montserrat to process a local application for registration. A UK-based application usually takes about two months to be processed.

Service marks are permitted but are currently being registered under local class 50 (10).

A UK based application is restricted to the number of classes specified in the UK certificate.

Renewal of a local trade mark registration is valid for 10 years after which it can be renewed for like periods however a UK-based trade mark registration is valid for the same period that is shown on the UK Certificate and can be renewed once the underlying UK registration has been renewed.

Trademarks