Corporate Affairs & Intellectual Property Office

©2011

A trademark is a visible sign used on goods or services to distinguish, in the course of trade or business, the goods or services or one person from those of another person.

Examples:

Chefette Nike

Coca Cola Kodak

A trademark can consist of words, designs, letters, numbers or the shape of goods or their packaging.

In Barbados trademarks are governed by the TRADEMARKS ACT, Cap. 319 of the Laws of Barbados.

Unlike copyright which arises by operation of law trademarks are required to be registered.

The registration of a trademark gives the owner of the mark the exclusive right to prevent any other person from using the trademark or any sign which is so similar that the public is likely to be misled.

Registration is valid for 10 years and is renewable for the further consecutive periods of 10 years each.

*You have the exclusive right to use the trade mark as a brand name, for the goods or services specified in the registration.

*You have the exclusive right to authorise others under a licence-contract to use the trade mark for the goods or services specified in the registration.

*The registered trade mark is personal property which can be sold.

*You can stop other people from using the trade mark as their brand name on the goods or services of your trade mark registration.

If Tom registers the trademark “TShine & Design” for use on t-shirts and represents it as follows:

TShine

The TRADEMARKS ACT makes it an offence for a person to do any of the following, with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the registered owner of a trademark:

*Apply to goods or packaging their, a sign identical to, or likely to be mistaken for, a registered trade mark;

*Sell or let for hire, offer or expose for sale or hire, or distribute goods which bear, or the packaging of which bears, a sign identical to, or likely to be mistaken for, a registered trade mark;

*Have in possession, custody or control in the course of business, any goods with a sign identical to, or likely to be mistaken for, a registered trade mark with a view to selling or letting the goods for hire or offering or exposing for sale or hire or distributing the goods.