Trademarks in Grenada

Competent Authority

• Office Name: Corporate Affairs and Intellectual Property Office (CAIPO) / Supreme Court Registry.
• Working Language: English. All official filings and documentation must be submitted in English.
• System Type: National system.

International Treaties

• Paris Convention: Member. Priority can be claimed within 6 months from the initial foreign filing date.
• Madrid Protocol: Not a member. International registrations under the Madrid System cannot designate Grenada. Trademark protection must be obtained via a direct national application filed through CAIPO.

Applicant Eligibility & Representation

• Eligible Applicants: Natural persons and legal entities (both domestic and foreign).
• Local Representation / Agent Requirements:
• Foreign applicants without a residence or principal place of business in Grenada must appoint an authorized local trademark agent or representative to file and manage the application.
• Power of Attorney (POA): Required. An Authorization of Agent form signed by the applicant (bearing the company seal or notarized as applicable) must be submitted.
• Late Submission: The POA can typically be submitted post-filing within a statutory period granted by the Registry upon formal request.

Online Application & Search Database

• Electronic Filing: Applications are handled through physical submissions and administrative processing channels managed by CAIPO via local agents.
• Public Search Database: Official pre-filing availability searches are conducted directly through registry search requests submitted to CAIPO.

Registrable Mark Types

• Standard & Non-Traditional Marks: Words, figurative/logo designs, letters, numerals, 3D shapes/packaging, color combinations per se, and sound marks.
• Translation & Transliteration: Applications incorporating non-English words or non-Latin scripts require an accurate certified English translation and phonetic transliteration.

Classification System

• Classification Standard: Nice Classification system.
• Multi-Class Applications: Allowed under the Trademarks Act, No. 1 of 2012.
• Class Headings: Class headings are accepted provided the scope of goods/services is clear; specific itemization matching standard Nice terminology is recommended to prevent clarity objections.
• Class Fees: Per-class official fee structure applies.

Examination

• Examination Sequence: CAIPO conducts Formal Examination followed by Substantive Examination (absolute and relative grounds) prior to authorizing publication.
• Absolute Grounds: Examined for inherent distinctiveness, generic terms, descriptiveness, deceptiveness, public order, and morality.
• Relative Grounds (Prior Rights): Examined ex officio for likelihood of confusion against prior registered marks or pending applications.
• Office Actions: Applicants are granted a statutory response period to respond to official examination objections or examiner refusals.

Publication & Opposition

• Publication: Once approved by the examiner, the application is published in the official gazette or registry bulletin.
• Opposition Period: 1 month starting from the date of publication.
• Eligible Opponents: Any interested third party claiming prior rights, likelihood of confusion, or statutory absolute grounds.

Timeframe & Acceleration

• Average Timeframe: A smooth, un-opposed trademark application typically takes 12 to 18 months from filing to registration certificate issuance.
• Expedited Examination: No official fast-track fee mechanism is provided; applications are examined strictly in chronological order.

Official Fees

(Official administrative fees payable to CAIPO in Eastern Caribbean Dollars - XCD or US Dollars - USD equivalent; fixed exchange rate 1 USD ≈ 2.70 XCD)

• Application Filing Fee (First Class): Applicable base fee per class.
• Additional Class Fee: Per-class official surcharge applies for multi-class filings.
• Registration / Grant Certificate Fee: Included in initial processing fees or payable upon final acceptance.
• Renewal Fee (10 Years / First Class): Applicable upon renewal.
• Notice of Opposition Fee: Applicable per opposition action filed before the Registry.

Term of Protection & Renewal

• Protection Period: 10 years calculated from the registration date.
• Renewal Requirements: Renewable for consecutive 10-year terms indefinitely. Renewal applications can be submitted within the 6 months prior to the expiration date.
• Grace Period: A 6-month grace period is granted following the expiration date to file for late renewal, subject to an official late fee surcharge.

Use Requirements & First-to-File vs. First-to-Use

• First-to-File System: Grenada operates primarily on a First-to-File principle, while recognizing common law passing off protections based on prior market reputation.
• Declaration of Use: Not required prior to registration or during routine 10-year renewal filings.
• Non-Use Cancellation: A registered trademark becomes vulnerable to non-use cancellation (revocation for non-use) by an interested third party if it has not been genuinely used in trade within Grenada for a continuous period of 5 years following registration, without valid reasons for non-use.

Post-Registration Transactions

• Assignments & Transfers: Assignments must be officially recorded with CAIPO to produce legal effect against third parties. A notarized Deed of Assignment and POA are required.
• Licensing: Trademark license agreements should be officially recorded with CAIPO to produce legal effect against third parties.
• Changes of Name/Address: Official recording with CAIPO is required to maintain accurate title on the register.

Enforcement & Legal Remedies

• Tribunals & Courts:
• Corporate Affairs and Intellectual Property Office (CAIPO): Administrative authority managing filings, search requests, and recordals.
• Supreme Court of Grenada: Holds jurisdiction over judicial trademark infringement suits, common law passing off actions, permanent injunctions, commercial damage claims, and appeals from registry decisions.
• Well-Known Marks: Protected under the Trademarks Act, No. 1 of 2012 and Article 6bis of the Paris Convention.
• Customs Enforcement: Brand owners can coordinate with Her Majesty's Customs and Excise of Grenada to inspect, detain, and seize suspected counterfeit imports at ports of entry.

Country-Specific Risks & Practical Notes

• Madrid Protocol Exclusion: Grenada is not a Contracting Party to the Madrid System. Foreign brand owners must secure protection through direct national applications filed via local counsel.
• Local Representation Mandate: Foreign applicants cannot file directly at CAIPO and must instruct an authorized local agent.
• Strict Documentation Standards: Powers of Attorney and assignment deeds must satisfy local legalization/notarization requirements to prevent processing delays at CAIPO.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.