Trinidad y Tobago’s new Trademark draft bill
On April 13, 2015, a new Trademarks Bill went before the Senate of Trinidad and Tobago for consideration. If this bill passes into law, it would replace the current legislation.
Up until now, Trinidad & Tobago is not a member of the Madrid Agreement or the Madrid Protocol but clearly is getting close to implementation. It would be one of the first Commonwealth Caribbean countries to implement the treaty.
Some relevant regulations of this draft bill are the following:
– provisions that allow the responsible parties for intellectual property rights to make regulations giving effect to the provisions of the Madrid Protocol.
– greater protection of well-known trademarks.
– regulations regarding border enforcement measures, including allowing trademark owners to alert customs in cases of potentially infringing goods transited to or through the country.
– conversion of pending applications to be examined under the new law. This conversion will be possible only for six months after the new law is in force.
– goods and services “shall be classified … according to a prescribed system of classification,” giving the possibility to implement the most recent version of the Nice Classification (the tenth edition).