 
  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/LCA/T/2 
1 September 2004 
 (04-3623) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
SAINT LUCIA 
   The present document reproduces the text
1 of the Trademarks Regulations Statutory 
Instrument Nº 17 of 2003, as notified by Saint Lucia under Article 63.2 of the Agreement (see 
document IP/N/1/LCA/2). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
SAINTE-LUCIE 
   Le présent document contient le texte
1 du Règlement sur les marques de fabrique ou de 
commerce - Texte réglementaire n° 17 de 2003, notifié  par Sainte-Lucie au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1/LCA/2). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
SANTA LUCÍA 
   En el presente documento se reproduce el texto
1 del Reglamento de Marcas de Fábrica o de 
Comercio - Instrumento Nº 17 de 2003, que Santa Lucía ha notificado en virtud del párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/LCA/2). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/LCA/T/2 
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 Trade Marks Regulations 
 
SAINT LUCIA 
———— 
No. 17 of 2003 
 
ARRANGEMENT OF REGULATIONS 
 
PART I 
PRELIMINARY 
Regulation 
1. Citation 
2. Commencement 3. Interpretation 
 
PART 2 
TRADE MARKS AND TRADE MARK RIGHTS 
 4. Classification of goods and services 
5. Period in which action for infringement may be brought 
 
PART 3 
APPLICATION FOR REGISTRATION 
 
6. Applications: approved form 
7. Applications: requirements for filing 8. Representation of trade marks 9. Specification of goods or services or both 10. Period for claiming priority for an application 11. How to claim priority 
12. Publication of particulars of application 
13. Examination of application: report to applicant 14. Examination: applicant’s response to report 15. Examination: further report to applicant 16. Examination: additional requirements 
17. Periods after which applications lapse 
18. Deferment of acceptance 19. Period for which acceptance is deferred 20. Trade marks containing etc. certain signs 21. Divisional applications 22. Applications under Part 4 
23. Request for expedited examination of application 
24. Expedited examinations  
PART 4 
OPPOSITION TO REGISTRATION 
 
25. Time for filing notice of opposition 26. Extension of time for filing: grounds 27. Extension of time for filing: application 28. Extension of time for filing: grant of extension 29. Copy of earlier application to be available to opponent  IP/N/1/LCA/T/2 
 Page 3 
 
 
 30. Opposition proceedings 
31. Evidence in support 32. Notice that opponent will not rely on evidence in support 33. Failure to file 34. Evidence in answer 
35. Period for service of a copy  of the evidence in answer 
36. Notice that applicants will not rely on evidence in answer 37. Failure to file 38. Evidence in reply to  evidence in answer 
39. Notice that opponents will not rely on evidence in reply to evidence in answer and failure to file 
40. Hearing of opposition 
41. Extension of period to serve evid ence and service of further evidence 
42. Conduct of opposition proceedings generally 43. Registrar to give notice of dismissal of proceedings  
PART 5 
AMENDMENT OF APPLICATION FOR REGISTRATION OF A 
TRADE MARK AND OTHER DOCUMENTS 
 44. Amendment of applications by Registrar 45. Request to amend befo re publication of details 
46. Filing of declarations 
47. Notification of amendments  
PART 6 
REGISTRATION OF TRADE MARKS 
 
48. Period in which a trade mark can be registered 49. Particulars to be entered in the Register 50. Period for request for renewal 51. Notice of renewal due: when and how given 52. Notice of renewal 
 
PART 7 
AMENDMENT AND CANCELLATION OF REGISTRATION 
 53. Notice of cancellation 
54. Amendment or cancellation: matters for the court 
 
PART 8 
REMOVAL OF TRADE MARK FROM REGISTER FOR NON-USE 
 55. Applications for removal etc. 
56. Notification of applications 
57. Notice of opposition to removal 58. Opposition proceedings before the Registrar  
PART 9 
ASSIGNMENT AND TRANSMISSION OF TRADE MARKS 
 59. Applications for assignment et c. to be recorded or entered 
60. Recording of assignment etc. : trade marks not registered 61. Particulars of recorded assignment or transmission to be published IP/N/1/LCA/T/2 
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 62. Recording of assignment etc. of registered trade marks 
63. Notice to persons recorded as claimi ng right or interest in trade marks 
 
PART 10 
VOLUNTARY RECORDING OF CLAIMS TO INTERESTS IN AND 
RIGHTS IN RESPECT OF TRADE MARKS 
 64. Amendment of particulars: claimed interests or rights 65. Amendment of name, address and address for service: claims not in Register 66. Cancellation of particulars: claimed interests or rights 
 
PART II 
IMPORTATION OF GOODS INFRINGING SAINT LUCIAN TRADE MARKS 
 67. Notice of objection to importation: accompanying documents 
68. Notice of objection to importation: authorized users 
69. Period for compliance with Comptr oller’s request for information etc. 
 
PART 12 
CERTIFICATION TRADE MARKS 
 
70. Copy of rules to be filed 
71. Applications to vary rules 72. Assignment of registered certification trade marks  
PART 13 
DEFENSIVE TRADE MARKS 
 73. Evidence in support of applications  
PART 14 
ADMINISTRATION 
 
74. Registry and sub-offices: business hours 75. Delegates of the Registrar  
PART 15 
MISCELLANEOUS 
 
Division I 
Applications and other documents 
 
76. Compliance with instructions on approved forms 
77. Filing of documents: requirements as to form 
78. Filing of documents: common requirements 79. Filing of documents: treatment of non-complying documents 80. Filing of documents: date of receipt to be marked 
81. Declarations 
82. Declarations: additional material 
83. Notification of service 84. Notice of withdrawal of applications etc. 85. Withdrawal of application etc.: Registrar’s notice to applicants 86. Change of address for service: notice to interested persons  IP/N/1/LCA/T/2 
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 Division 2 
Proceedings before the Registrar 
 
87. Applications for costs 88. Determination of costs 
89. Conduct of proceedings generally 
90. Hearings by Registrar 91. Registrar not required to hold hearings 92. Evidence in proceedings 93. Documents not in English 
94. Registrar may use information available 
95. Statements of reasons for decision  
Division 3 
General 
 
96. Fees are payable 97. How fees are to be paid 98. Notice of non-payment fee 99. Refunds etc. of fees 100. Extension of time: application 
101. Extension of time: notice of opposition 
102. Extension of time: opposition proceedings 103. Extension of time: prescribed acts and documents 104. Incapacity of certain persons 105. Destruction of documents 
106. Directions not otherwise presented 
107. Requirements cannot be complied with for reasonable cause 108. Forms generally 109. Form of documents 110. General  
PART 16 
TRANSITIONAL PROVISIONS 
 111. Application of the Act 112. Certain extensions of time continue 
 
SCHEDULE 1 : Signs that may not be registered as Trademarks SCHEDULE 2: Prescribed Offices SCHEDULE 3: Form of Documents SCHEDULE 4: Costs, Expenses and Allowances SCHEDULE 5: Fees 
SCHEDULE 6: Forms 
    
 
   IP/N/1/LCA/T/2 
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 SAINT LUCIA 
STATUTORY INSTRUMENT, 2003, No. 17 
 
[ 24th February, 2003 ] 
 
In exercise of the power conferred by section 200 of the Trade Marks Act 2001, No. 22, the 
Minister responsible for Intellectual Property makes these Regulations:  
PART I 
P
RELIMINARY 
 
Citation 
1. These Regulations may be cited as th e Trade Marks Regulations 2003. 
 
Commencement 
2. These Regulations shall come into force on the 1st day of April, 2003. 
 
Interpretation 
3. In these Regulations — 
“Act” means the Trade Marks Act 2001, No. 22; “certificate of verification” means a statement — (a) that a document to which the statement relates — 
(i) has been translated by a person who is profic ient in both the language from which the document 
has been translated into English, and English; and 
(ii) is a true and complete translation of the accompanying document to the best of the knowledge 
of the person who signs the statement; and 
(b) that is dated and signed; 
“earlier application”, in relation to an application fo r the registration of a trade mark for which a right 
of priority is claimed, means an application for the registration of that trade mark in a Convention 
country— 
(a) that was filed, at the trade marks office, or its  equivalent, of that Convention country before the 
application for which the right of priority is claimed; and 
(b) on which the claim for the right of priority is based; 
“National Archives Authority of St. Lucia” mean s the National Archives Authority of St. Lucia 
established under the National Archives Authority of St. Lucia Act 1993, No. 16; 
“trade marks officer” means any officer  so designated by the Registrar; 
“working day” means a day other than a Saturday, a Sunday or a public holiday.  
PART 2 
T
RADE MARKS AND TRADE MARK RIGHTS 
 
Classification of goods and services 
4.—  (1) For the purposes of section 11 (2) (6), and section 11 (3) of the Act (which deals with the 
classification of goods and services) an application for registration of a trade mark must specify the goods or services and the class or classes in respect of which the trade mark is sought to be registered 
in accordance with the Nice Classification. 
 
Period in which action for infringement may be brought 
5. For the purposes of section 10(1) ( b) of the Act (which deals with powers of the authorised user of 
a trade mark), the prescribed period is 2 months from the day on which the authorised user of a trade 
mark asks the registered owner of the trade mark to  bring an action for infringement of the trade mark. 
 
  IP/N/1/LCA/T/2 
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 PART 3 
APPLICATION FOR REGISTRATION 
 
Applications: approved form 
6.—  (1) For the purposes of section 11 (1) of th e Act (which deals with applications for 
registration) and Parts 15,16 and 17 of the Act (whi ch deal with collective trade marks, certification 
trade marks and defensive trade marks respectively), an  application for the registration of a trade mark 
shall be in the form prescribed in Form 1 of Schedule 6. 
(2) Any material that is intended by the app licant to form part of the application for 
registration of a trade mark — (a) must be attached to the application; and 
(b) is taken to be part of the application. 
 
Applications: requirements for filing 
7.—  (1) In order for an application for registration of a trade mark to be taken to be filed, the 
applicant must — (a) state that the application is for registration of th e trade mark, or contain a clear indication to that 
effect; 
(b) include a representation of the trade mark th at is sufficient to identify the trade mark; 
(c) specify the goods or services or both in re lation to which the application is made; 
(d) specify the name of the applicant; 
(e) contain sufficient information to enable the Registrar to contact the applicant; and 
(f) be accompanied by an authorisation of agent. 
(2) If the application does not meet a requir ement referred to in sub-regulation (1) (( a), (b), 
(c) or ( d), the Registrar must give to the applicant written notices of the requirement. 
(3) If the applicant meets the requirement referred to in subregulation (2) within a period of 3 
months from the date of the notice, the applica tion is taken to be filed on the day on which the 
requirements is met. 
(4) If the applicant does not meet the requiremen t referred to in sub-regulation (2) within the 
period referred to sub-regulation (3), the app lication is taken not to have been filed. 
 
Representation of trade marks 
8.—  (1) If practicable, the representation of a trade mark included in an application for registration 
of the trade mark must not exceed 8 centimete rs by 8 centimeters (3 inches by 3 inches). 
(2) In an application for the registration of two or more trade marks as a series, the 
representation of each trade mark in the series mu st, if practicable, not exceed 8 centimetres by 8 
centimetres ( 3 inches by 3 inches). 
 (3) In an application for the registration of a trade mark that contains, or consists of, a 3 
dimensional shape — (a) if practicable, the representation of the trade ma rk in the application must be illustrated in a 
perspective that shows each feature of the trade mark; and 
(b) otherwise, the representation of the trade mark in  the application must include views of the trade 
mark that are necessary to show each feature of the trade mark. 
(4) If the Registrar reasonably believes that the views of a trade mark to which sub-regulation 
(3) (a) or ( b) applies are not sufficient to allow all featur es of the trade mark to be properly examined, 
the Registrar may, by notice in writing, require th e applicant to give to the Registrar up to six 
additional views of the trade mark that show the features sufficiently to permit proper examination of 
the trade mark. 
(5) If the representation of a trade mark in an application for registration of the trade mark 
includes words of a language other than English, the a pplicant must file in support of the application a 
translation of the words into English. IP/N/1/LCA/T/2 
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 (6) If the representation of a trade mark in an application for registration of the trade mark 
includes characters constituting words, being character s that are not roman letters, the applicant must 
file in support of the application — (a) a transliteration of the characters into roman le tters, using the recognised system of romanisation 
of the characters, if any; and 
(b) a translation of the words into English. 
(7) If a trade mark for which registration is sought  contains or consists of a sign that is a 
colour, shape, or an aspect of packaging, or any combination of those features, the application for 
registration of the trade mark must include a c oncise and accurate description of the trade mark. 
(8) If the Registrar reasonably believes that th e description or representation of a trade mark 
in an application for registration of the trade mark does not — 
(a) demonstrate the nature of the trade mark sufficiently; or 
(b) show each feature of the trade mark sufficiently; 
to permit proper examination of the trade mark, the Re gistrar may require the applicant to give to the 
Registrar a description, or further description, of the trade mark and a specimen of the trade mark. 
(9) lf representation of a single trade mark ex ceeds, or the representations of the trade marks 
in a series of trade marks together exceed 8 centim etres by 8 centimetres ( 3 inches by 3 inches), the 
representation or representations — (a) must be attached to the application for regi stration of the trade mark or trade marks; and 
(b) shall be taken to be part of the application. 
(10) The representation of a trade mark in an application for registration of the trade mark 
must be of a kind and quality that — 
(a) ensures that the features of the trade mark will be preserved in the course of time; and 
(b) is suitable for reproduction. 
 
Specification of goods or services or both 
9.—  (1) For the purposes of section 11 (3) of the Act, the following sub-regulations set out the 
manner of specifying, in an application for the registration of a trade mark, the goods or services or both in respect of which registration is sought. 
(2) The expression “all goods”, “all services”, “all other goods”, or 
“all other services” must not be used in an applicati on for registration of a trade mark to specify the 
goods or services or both in respect of which registration is sought. 
(3) The goods or services or both must be grouped according to the appropriate classes as 
detailed in the Nice Classification. 
(4) The applicant must nominate the class number that is appropriate to the goods or services 
in each group. 
(5) The groups must be listed in the order of their class numbers. (6) The goods or services or both must, as far as practicable, be specified in terms appearing 
in any listing of goods and services that is — (a) published by the World Intellectual Property Organisation in the Nice Classification; and 
(b) made available for inspection by the public at th e Registry of Companies and Intellectual Property 
and its sub-offices. 
(7) If any of the goods or services or both cannot be  specified using terms referred to in sub-
regulation (6), the applicant must provide sufficient information to enable the Registrar to decide the 
classification of the goods or services or both. 
 
Period for claiming prio rity for an application 
10. For the purposes of section 13(1) of the Act (which deals with claims for pr iority), the prescribed 
period in relation to a claim for a right of priority for an application is 6 months after filing the application. 
 
   IP/N/1/LCA/T/2 
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 How to claim priority 
11.—  (1) For the purposes of section 13(1) of the Act ( which deals with claims for priority), an 
applicant must claim a right of priority for an application by filing notice of the claim. 
(2) Any notice under sub-regulation (1) must specify, in respect of the earlier application or, if 
there is more than one earlier application,  in respect of each earlier application — 
(a) the Convention country in which the earlier applica tion was filed at the trade marks office, or its 
equivalent, of that Convention country; and 
(b) the date on which the earlier application was filed; and 
(c) if a number is allocated to the earlier application in  the trade marks office, or its equivalent, of that 
Convention country, that number. 
(3) If, as a result of a claim for a right of prio rity, more than one priority date applies in 
relation to an application, a person who claims a ri ght of priority under section 13(1) of the Act must 
specify the goods or services or both to which each priority date relates. 
 
Publication of particulars of application 
12.—  (1) For the purposes of section 14 of the Ac t (which deals with publishing particulars of 
applications), the Registrar must publish the following particulars of the application— 
(a) if a number has been allocated to the applicati on in the Registry of Companies and Intellectual 
Property – the number; 
(b) the applicant’s name; 
(c) the date of filing the application; 
(d) if the application is a divisional applica tion – particulars of the initial application; 
(e) particulars of any claim for a right of priority for the application; 
(f) the class number or numbers for the goods or services or both in respect of which registration of 
the trade mark is sought. 
(2) The particulars must be published in one, or more than one, of the following ways — 
(a) publication in the Gazette ; 
(b) listing in a computer database maintained by the Registry of Companies and Intellectual Property; 
(c) making a record of the application available, in electronic or other form, in each of the sub-offices 
of the Registry of Companies and Intellectual Property . 
 
Examination of application: report to applicant 
13.—  (1) For the purposes of section 15 of the Act (w hich deals with examination and reporting), if 
in the course of an examination of an appli cation the Registrar reasonably believes that — 
(a) the application has not been made in acco rdance with the Act or these Regulations; or 
(b) there are grounds under Division 2 of Part 4 of the Act for rejecting it; 
the Registrar must report that belief in writing to the applicant. 
(2) A report under sub-regulation (1) must include  notice of the date on which the application 
will lapse if it is not accepted earlier. 
(3) If the Registrar reasonably suspects that the provisions of section 11(1) ( b) of the Act do 
not apply in relation to all of the goods or services or both specified in an application for registration 
of a trade mark, the Registrar may require the appli cant to make a declaration to the Registrar that 
those provisions apply to all of those goods or services or both. 
 
Examination: applicant’ s response to report 
14.—  (1) An applicant may respond in writing to  the Registrar’s report under regulation 13. 
(2) The response may — 
(a) contest a belief of the Registrar that is expressed in the report; and 
(b) contest another matter that is  mentioned in the report; and 
(c) provide further documents or eviden ce in support of the application; and 
(d) request that the application be amended in accordance with the Act. 
 
 IP/N/1/LCA/T/2 
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 Examination: further report to applicant 
15.—  (1) On receipt of a response under regulation 14, the Registrar must consider the response. 
(2) If the Registrar continues to believe that — 
(a) the application has not been made in acco rdance with the Act or these Regulations; or 
(b) there are grounds under Division 2 of Part 4 of the Act for rejecting it; 
the Registrar must report that belief in writing to the applicant. 
(3) Unless acceptance of an application is deferred, a report under sub-regulation (2) in 
relation to that application must include notice of the date on which the application will lapse if it is 
not accepted earlier. 
(4) Regulation 14 and this regulation apply to a report under subregulation (2) as if it were a 
report under regulation 13. 
 
Examination: addi tional requirements 
16.—  (1) In the course of an examination of an app lication for which a right of priority is claimed, 
the Registrar may, in writing, require the applicant to file — (a) a copy of any earlier application certified in th e trade marks office, or its equivalent, of the 
Convention country in which it was filed; and 
(b) if the earlier application is not in English: 
(i) a translation of the earlier application into English; and 
(ii) a certificate of verification relating to the translation. 
(2) If the applicant is the succes sor in title to the person who made the earlier application, the 
Registrar may, in writing, require the applicant to  file documentary evidence that is sufficient to 
establish the passing of title to the applicant. 
 
Periods after which applications lapse 
17.—  (1) For the purposes of section 21(1) of the Ac t (which deals with lapsing), the prescribed 
period, for an application in respect of wh ich a report is made under regulation 13 is — 
(a) except as provided by paragraph ( b), 12 months from the date of that report whether or not a 
further report is made under regulation 15; or 
(b) if a further report raises grounds under Division 2 of Part 4 of the Act for rejecting the application 
that were not raised in the report made under regul ation 13, 12 months from the date of the further 
report, 
(2) In determining the period of 12 mont hs for the purposes of subregulation (1) ( a) or ( b) in 
relation to an application, no account is to be ta ken of a period in which acceptance of the application 
is deferred under regulation 18. 
(3) An applicant may, before the end of a pe riod prescribed in subregulation (1), or that 
period as extended under section 195 of the Act or as a result of a previous application of sub-
regulation (4), request the Registrar in writing to extend the period. 
(4) The Registrar must, in accordance with a re quest made under sub-regulation (3), extend a 
period, unless — (a) the period; or 
(b) that period as extended under section 195 of the Act or as a result of a previous application of this 
sub-regulation; would be extended for more than 6 months after the end of the relevant period 
prescribed in sub-regulation (1). 
 
Deferment of acceptance 
18.—  (1) The Registrar may, at the request of th e applicant in writing, defer acceptance of an 
application for registration of a trade mark, if— 
(a) the request is made within a period prescribed in sub-regulation 17 (1); and 
(b) the Registrar reasonably believes that there ar e grounds for rejecting the application under section 
28 ( 1) or (2) of the Act because of another trade mark — 
(i) that is registered by another person; or (ii) in respect of which an application for re gistration has been made by another person; and  IP/N/1/LCA/T/2 
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 (c) the applicant— 
(i) is awaiting the finalization of proceedings in respect of the application for registration of the 
other trade mark; or 
(ii) is seeking to satisfy the Registrar as to a matter mentioned in section 28 (3) ( a) or ( b) of the 
Act or as to the matters mentioned in section 28 (4) of the Act in relation to the applicant’s 
trade mark and the other trade mark; or 
(iii) has filed an application under section 76 of the Act (which deals with the removal of trade 
marks), in respect of the other trade mark, and is awaiting the finalisation of proceedings in 
respect of that application; or 
(iv) has begun proceedings to have the Register r ectified in respect of the other trade mark and the 
proceedings have not been determined or otherwise disposed of; or 
(v) is awaiting renewal of the registration of the other trade mark in the period of 12 months after 
registration of the other trade mark has expired,  or removal of the other trade mark from the 
Register. 
(2) The Registrar may, on his or her own initiativ e, defer acceptance of the application within 
a period that is prescribed in regulation 17(1) or  that is extended under section 195 of the Act or 
regulation 17 (4), if— (a) the time within which proceedings mentioned in paragraph (b) may be begu n, or an application 
mentioned in paragraph (c) may be made, has not ended; or 
(b) appeal proceedings under a provision of the Act have begun in a prescribed court in relation to the 
application; or 
(c) the Registrar is informed in wr iting that the applicant has died. 
(3) The Registrar must notify an applicant in writing — 
(a) if the applicant requests the Registrar to defe r acceptance of an application-of the Registrar’s 
decision to defer, or not to defer, acceptance of the application; and 
(b) if the Registrar otherwise defers acceptance of an application of the provision under which 
acceptance of the application is deferred. 
 
Period for which acceptance is deferred 
19.—  (1) The period for which acceptance of an a pplication is deferred (i n this regulation called 
“the deferment period”) begins immediately after the date of the notice of deferment issued under 
regulation 18 (3). 
(2) The deferment period ends — 
(a) when the application is withdrawn; or 
(b) if paragraph ( a) does not apply-when the Registrar is reasonably satisfied that there are no longer 
grounds for rejecting the application under section 28(1) or (2) of the Act; or 
(c) if paragraphs ( a) and ( b) do not apply-in accordance with subregulation (3). 
(3) For the purposes of paragraph (2) ( c), the deferment period ends— 
(a) if acceptance is deferred because of regulation 18(1) ( c) (i), when proceedings relating to the 
registration of the other trade mark are finalised; and 
(b) if acceptance is deferred because of regulation 18(1) ( c) (ii), at the end of 6 months from the date 
of the notice of deferment; and 
(c) if acceptance is deferred because of regulation 18 (1) ( c) (iii), when proceedings under Part 9 of 
the Act in respect of the other trade mark are finalised; and 
(d) if acceptance is deferred because of regulation 18(1) ( c) (iv), when the proceedings to have the 
Register rectified in respect of the other trade ma rk are determined or otherwise disposed of; and 
(e) if acceptance is deferred because of regulation 18 (1) ( c) (v), when the registration of the other 
trade mark is renewed or the other trad e mark is removed from the Register; and 
(f) if acceptance is deferred because of regulation 18 (2) ( a), at the end of 2 months after the 
beginning of the period in which— (i) proceedings mentioned in regulation 18 (2) ( a) may be begun; or 
(ii) an application mentioned in regulation 18 (2) ( a) may be made; and 
(g) if acceptance is deferred because of regulation 18 (2) ( b), at the end of— IP/N/1/LCA/T/2 
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 (i) 3 months after the determination, or othe r disposal, of the pro ceedings or review; or 
(ii) such time as the court to which any appeal is brought allows; 
(h) if acceptance is deferred because of regulation 18 (2) ( c),at the end of a period after the death of 
the applicant that the Registrar reasonably re gards as sufficient in the circumstances; and 
(4) If acceptance of an application is deferred as a result of the operation of more than one of 
the provisions of regulation 18(1) ( c) and regulation 18(2), the deferment period ends in accordance 
with the relevant provision of sub-regulation (3) under which the deferment pe riod ends later or last, 
as the case requires. 
(5) The Registrar must notify the applicant in writing of — 
(a) the end of a period of deferment; and 
(b) if acceptance is deferred under regulation 18 (1), th e last day of the relevant period prescribed by 
regulation 17(1) ( a) or ( b). 
 
Trade marks containing etc. certain signs 
20.—  (1) For the purposes of section 23 (2) ( a) of the Act (which deals with signs), the signs in 
Schedule I are prescribed. 
(2) A list of the marks mentioned in Schedule I must be available at the Registry of 
Companies and Intellectual Property and sub-offices. 
 
Divisional applications 
21. — (a) For the purposes of section 31 (2) of the Act (whi ch deals with divisional applications), the 
period in relation to a divisional application for the registration of part of a trade mark is 6 months 
after filing the initial application for the registration of the trade mark. 
(b) For the purposes of sections 33 (2) and (4) of the Act (which deal with divisional applications), the 
period in relation to a divisional application for the registration of the trade mark in respect of goods or services or both excluded from the initial application is 1 month from the date of the notice of the amendment of the initial application fo r the registration of the trade mark given under 
regulation 45. 
 
Applications under Part 4 
22. An Application under Part 4 Division 3 of the Act shall be in the form prescribed in Form 3 of 
Schedule 6. 
 
Request for expedited examination of application 
23.—  (1) A person who applies, or has applied, for the registration of a trade mark — 
(a) may request in writing expedited ex amination of the application; and 
(b) must include with the request a declar ation stating the reasons for the request. 
(2) As soon as practicable after making a decision in relation to a request, the Registrar must 
give written notice of the decision to the person who made the request. 
 
Expedited examinations 
24.—  (1) The Registrar must, to the extent that  is practicable, examine applications for the 
registration of trade marks in relation to which requests under regulation 23 are granted — 
(a) in the order in which the requests are filed; and 
(b) before examination of an application for regi stration of a trade mark in relation to which— 
(i) a request under regulation 23 is not made; or (ii) a request made under that regulation is not granted. 
(2) In the absence of a request for expedited ex amination of an application for registration of 
a trade mark, the Registrar may expedite examina tion of the application if he or she reasonably 
believes that expedited examination is warranted. 
(3) The relationship of an application mentione d in sub-regulation (2) to another application 
for registration of a trade mark is a relevant ci rcumstance for the purposes of that sub-regulation. 
  IP/N/1/LCA/T/2 
 Page 13 
 
 
 PART 4 
OPPOSITION TO REGISTRATION 
 
Time for filing notice of opposition 
25.—  (1) For the purposes of section 36 (2) of the Act (which deals with notice of opposition), the 
period for filing a notice of opposition is 3 months from the day on which the acceptance of the application is advertised in the Gazette . 
(2) For the purposes of section 36 (2) of the Act,  a notice of opposition shall be in the form as 
prescribed in Form 4 of Schedule 6. 
(3) The opponent shall within 2 days after the service of the copy of the notice of opposition 
on the applicant file a statement setting out the date, place and manner of service on the applicant. 
 
Extension of time for filing; grounds 
26.—  (1) A person may apply to the Registrar for an extension of time in which to file a notice of 
opposition. 
(2) An application for an extension of time ma y be made within the period for filing a notice 
of opposition referred to in regulation 25 on one, or  more than one, of the following grounds and on 
no other ground — 
(a) an error or omission by a member of staff of th e Registry of Companies and Intellectual Property; 
(b) an error or omission by the person applying for the extension of time, or by the person’s agent; 
(c) circumstances beyond the control of the pe rson applying for the extension of time; 
(d) the conduct of genuine negotiations between th at person and the applicant for registration; 
(e) the undertaking of genuine research to decide — 
(i) whether opposition is justified; or 
(ii) on the grounds of opposition. 
(3) If the period for filing a notice of opposition has ended, an application for extension of 
time may be made at any time before the trade mark  is registered on one, or more than one, of the 
grounds set out in sub-regulation (2) ( a), (b) or ( c) and on no other ground. 
 
Extension of time for filing: applications 
27. An application for an extension of time in which to file a notice of opposition must — 
(a) be in writing; and 
(b) be accompanied by a declaration stating — 
(i) the facts on which the grounds specifi ed in the application are based; and 
(ii) if the period for filing a notice of opposition has ended-the reason why the application was not 
made before the end of that period. 
 
Extension of time for filin g: grant of extension 
28.—  (1) Subject to sub-regulations (2) and (4), if  the Registrar is reasonably satisfied as to the 
grounds set out in an application for an extension of time to file a notice of opposition, the Registrar must grant the extension of time. 
 (2) The Registrar must not grant the extension of time, unless the Registrar— 
(a) is reasonably satisfied that the person applying for the extension of time has served a copy of the 
application, and the accompanying declaration, on the applicant for registration of the trade mark; 
and 
(b) has given to both the person applying for the exte nsion of time and the applicant for registration of 
the trade mark a reasonable opportunity to make representations concerning the application for 
extension of time. 
(3) For the purposes of sub-regulation (2) ( b), the representations may be made in writing or 
at a hearing or by such other means as the Registrar reasonably allows. 
(4) If an application for extension of time is made after the period for filing a notice of 
opposition has ended, the Registrar must not grant the extension unless the Registrar is reasonably 
satisfied that there is sufficient reason for the appli cation not being made before the end of that period. IP/N/1/LCA/T/2 
Page 14  
 
 (5) An extension of time must be for such period — 
(a) in the case of an extension of time that is granted on a ground set out in regulation 26 (2) ( a), (b) 
and ( c), as the Registrar believes is reasonable; or 
(b) in the case of an extension of time that is granted on a ground set out in regulation 26(2) ( d) and 
(e), not exceeding 3 months as the Registrar believes is reasonable. 
 
Copy of earlier application to be available to opponent 
29.—  (1) In opposition proceedings relating to an application in respect of which the applicant 
claims a right of priority, an opponent may in writing ask the Registrar for a copy of an earlier 
application to be made available. 
(2) On receipt of a request under sub-regulation (1), the Registrar must require in writing the 
applicant to file — (a) a copy of the earlier application certified in th e trade marks office, or its equivalent, of the 
Convention country in which it was filed; and 
(b) if the earlier application is not in English — 
(i) a translation of the earlier application into English; and (ii) a certificate of verification relating to the translation. 
(3) If the applicant is the succes sor in title to the person who made the earlier application, the 
Registrar may require in writing the applicant to pr ovide documentary evidence that is sufficient to 
establish the passing of title to the applicant. 
(4) Sub-regulation (2) does not apply if the applicant has already filed the documents 
mentioned in that sub-regulation. 
(5) The Registrar must send a copy of the docum ents mentioned in sub-regulation (2) to the 
opponent. 
 
Opposition proceedings 
30. For the purposes of section 38 (2) of the Act (which deals with opposition proceedings), 
regulations 31 to 41 set out the procedure to be followed in dealing with an opposition after a notice 
of opposition is filed. 
 
Evidence in support 
31.—  (1) If the opponent intends to rely on evidence in support of the opposition, the opponent must 
serve a copy of the evidence in support on the app licant within 3 months from the day on which the 
notice of opposition is filed. 
(2) Within 2 days after the opponent serves a copy  of the evidence in support on the applicant, 
the opponent must file with the Registrar — (a) the original evidence; and 
(b) a statement setting out the date, place and manne r of service of the copy of the evidence on the 
applicant. 
 
Notice that opponent will not rely on evidence in support 
32.—  (1) If the opponent does not intend to rely  on evidence in support of the opposition, the 
opponent must, within 3 months from the day on wh ich the notice of opposition is filed, serve on the 
applicant a copy of a notice stating that the opponent does not intend to rely on evidence in support of the opposition. 
(2) As soon as practicable after the opponent serv es a copy of the notice on the applicant, the 
opponent must file with the Registrar — 
(a) the original notice; and 
(b) a statement setting out the date, place and manner of service of the copy of the notice on the 
applicant. 
 
 
   IP/N/1/LCA/T/2 
 Page 15 
 
 
 Failure to file 
33. If the opponent does not file evidence in support under regulation 31 or the notice under 
regulation 32 or apply for extension so to do, the opponent shall be deemed to have abandoned his or 
her opposition. 
 
Evidence in answer 
34.—  (1) If the applicant intends to rely on eviden ce in answer to the opposition, the applicant must 
serve a copy of the evidence in answer on the oppone nt within the period for service of a copy of that 
evidence under regulation 35. 
(2) Within 2 days after the applicant serves a copy of the evidence in answer on the opponent, 
the applicant must file with the Registrar— (a) the original evidence; and 
(b) a statement setting out the date, place and manner of service of the copy of the evidence on the 
opponent, 
 
Period for service of a copy of the evidence in answer 
35. If the opponent complies with regulation 31 or 32, the period for service of a copy of the evidence 
in answer to the opposition is 3 months from the day on which the opponent serves on the applicant  (a) the copy of the evidence in support re ferred to in sub-regulation 31 (1); or 
(b) the copy of the notice referred to in sub-regulation 32 (1), 
 
Notice that applicant will not rely on evidence in answer 
36.—  (1) If an applicant does not intend to rely  on evidence in answer to the opposition, the 
applicant must serve on the opponent, within the period for service of a copy of the evidence in 
answer, a copy of a notice stating that the applican t does not intend to rely on evidence in answer to 
the opposition. 
(2) Within 2 days after the applicant serves a copy of the notice on the opponent, the applicant 
must file with the Registrar — (a) the original notice; and 
(b) a statement setting out the date, place and manner of service of the copy of the notice on the 
opponent. 
 
Failure to file 
37. If the applicant does not file evidence in answer under regulation 34 or the notice under regulation 
36 or apply for extension of time so to do, he shall be deemed to have abandoned his or her 
application. 
 
Evidence in reply to evidence in answer 
38.—  (1) If an opponent intends to rely on evid ence in reply to the evid ence in answer to the 
opposition, the opponent must serve a copy of the evidence in reply on the applicant within 3 months after the service on the opponent of a copy of the evidence in answer. 
(2) Within 2 days after the opponent serves a copy  of the evidence in re ply on the applicant, 
the opponent must file with the Registrar — (a) the original evidence; and 
(b) a statement setting out the date, place and manner of service of the copy of the evidence on the 
applicant. 
(3) This evidence must be confined to matters strictly in reply. 
 
Notice that opponents will not rely on evidence in reply to evidence in answer and failure to file 
39.—  (1) If an opponent does not intend to rely on ev idence in reply to the ev idence in answer to the 
opposition, the opponent must serve on the applicant, within 3 months after the service on the opponent of a copy of the evidence in answer, a copy of a notice stating that the opponent does not intend to rely on evidence in reply to the evidence in answer to the opposition. IP/N/1/LCA/T/2 
Page 16  
 
 (2) Within 2 days after the opponent serves a copy of the notice on the applicant, the 
opponent must file with the Registrar — (a) the original notice; and 
(b) a statement setting out the date, place and manner of service of the copy of the notice on the 
applicant. 
(3) If the opponent does not file evidence in reply to evidence in answer under regulation 38 
or the notice under regulation (39) or apply for extension so to do, the evidence shall be deemed closed and opposition proceedings follow the normal course. 
 
Hearing of opposition 
40.—  (1) Upon completion of the evidence, the appli cant or opponent may ask the Registrar to hear 
the parties to the opposition proceedings. 
(2) The Registrar must comply with a request  made in accordance with sub-regulation (1). 
(3) If an applicant or opponent in opposition proceedings may ma ke a request to the Registrar 
under sub-regulation (1) and the request is not made, the Registrar may, on his or her own initiative, 
give an opportunity to the parties to the oppositi on proceedings to be heard in relation to those 
proceedings. 
(4) The Registrar must give notice to the parties of a date when he or she will hear arguments 
in the opposition proceedings. 
(5) The date under sub-regulation (4) must be a date at least 14 days after the date of the 
notice unless the parties consent to a shorter notice. 
(6) Within 7 days from the receipt of the noti ce any party who intends to appear must so 
notify the Registrar in the form prescribed in Form 5 of Schedule 6. 
(7) A party who receives notice as mentioned above and who does not, within 7 days from 
receipt thereof, notify the Registrar in accordan ce with sub-regulation (6) may be treated as not 
desiring to be heard and the Registrar may act accordingly. 
 
Extension of period to serve evid ence and service of further evidence 
41. —  (1) A party to the opposition proceed ings may apply to the Registrar — 
(a) for an extension of the period for serving a copy of the evidence under regulation 31, 35 or 38; or (b) for permission to serve a copy of further evidence on the other party. 
(2) The Registrar may grant an application on reasonable terms specified by the Registrar. 
(3) The Registrar must not grant an application unless the Registrar — 
(a) is reasonably satisfied that the applicant has served a copy of the application, and of any 
documents accompanying the applica tion, on the other party; and 
(b) has given the parties a reasonable opportunity to make representations concerning the application; 
and 
(c) is reasonably satisfied that — 
(i) in the case of an application to which sub-regulation (1) ( a) applies, the extension of the period for 
serving a copy of the evidence; and 
(ii) in the case of an application to which sub-regulation (1) ( b) applies-permission to serve a copy of 
further evidence; is appropriate. 
(4) For the purposes of sub-regulation (3) ( b), the representations may be made in writing or 
at a hearing or by such other means as the Registrar reasonably allows. 
(5) If the Registrar grants an application under sub-regulation (1) ( b) on terms that include 
service of a copy of the further evidence within  a specified period, a party to the opposition 
proceedings may apply to the Registra r for an extension of that period. 
(6) Sub-regulations (2), (3) and (4) apply to an application under sub-regulation (5). 
 
Conduct of opposition proceedings generally 
42.—  (1) The Registrar may, at the request of a party to the opposition proceedings or on the 
initiative of the Registrar, give a direction in  relation to the procedure in the proceedings.  IP/N/1/LCA/T/2 
 Page 17 
 
 
 (2) A direction given under sub-regulation (1 ) must not be inconsistent with these 
Regulations. 
 (3) The Registrar must not give a direction unless the Registrar— 
(a) is reasonably satisfied that parties to the proceed ings have been notified of the proposed direction; 
and 
(b) has given the parties a reasonable opportunity to  make representations concerning the proposed 
direction; and 
(c) is reasonably satisfied that the proposed direction is appropriate. 
(4) For the purposes of sub-regulation (3) ( b), the representations may be made in writing or 
at a hearing or by such other means as the Registrar reasonably allows. 
 
Registrar to give notice of  dismissal of proceedings 
43. If opposition proceedings are dismissed under section 193 of the Act, which deals with security 
for costs, or discontinued, the Registrar must notify the parties in writing that the opposition 
proceedings have been dismissed or discontinued. 
 
PART 5 
AMENDMENT OF APPLICATION FOR REGISTRATION OF A 
TRADE MARK AND OTHER DOCUMENT 
 
Amendment of applicat ions by Registrar 
44.—  (1) For the purposes of section 47 (2) of th e Act (which deals with amendment), if the 
Registrar proposes to amend an application for the registration of a trade mark, the Registrar must 
give notice in writing to the applicant — 
(a) setting out the proposed amendment and the reason for making the amendment; and 
(b) stating that the proposed amendment will be made  at the end of a reasonable period stated in the 
notice, unless the applicant objects in writing to the amendment within that period, stating grounds for 
the objection. 
(2) If an applicant objects to an amendment pr oposed by the Registrar within the period 
mentioned in sub-regulation (1) ( b), the Registrar must not make the amendment unless the objection 
is withdrawn. 
 
Request to amend before publication of details 
45. For the purposes of section 48 ( b) of the Act (which deals with amendments before publication), 
the period for requesting an amendment is 14 days af ter filing the application for the registration of 
the trade mark. 
 
Filing of declarations 
46. If a person requests an amendment under section 48 of the Act, (which deals with amendments 
before publication), or section 50 ( a) of the Act, (which deals with amendment of other documents), 
the Registrar may require the applicant to file a declaration stating — 
(a) that a clerical error or obvious mistake was made in the application; and 
(b) the circumstances in which the error or mistake was made. 
 
Notification of amendments 
47. If the Registrar amends an application, notice or document under Part 6 of the Act, the Registrar 
must give notice in writing of the amendment to — (a) the person who requested the amendment; and 
(b) any other person that the Registrar thinks appropriate. 
 IP/N/1/LCA/T/2 
Page 18  
 
 PART 6 
R
EGISTRATION OF TRADE MARKS 
 
Period in which a trade mark can be registered 
48.—  (1) For the purposes of section 52(1) of the Act (which deals with registration), the period for 
the registration of a trade mark that has been accepted for registration is — 
(a) except if paragraph (b) applies, the period from the beginning of the day on which the acceptance 
is advertised in the Gazette to the end of — 
(i) the day that is 4 months after that day; or 
(ii) if a later day is specified under sub-regul ation (2) or (3) the day specified in that sub-
regulation; and 
(b) in the case of the death of an applicant for regist ration of the trade mark, within 6 months of the 
date of death or within such further period as the Registrar reasonably allows. 
(2) If — 
(a) proceedings in relation to the registration of  the trade mark before the High Court are not 
determined or otherwise disposed of; and 
(b) the High Court is satisfied that the registration of  the trade mark cannot take place on or before the 
first-mentioned day in sub-regulation (1) ( a) (i); 
the High Court may specify for the purposes of sub-regulation (1) ( a)(ii) a day that is later than the 
first-mentioned day in sub-regulation (1)( a) (i). 
(3) If — 
(a) proceedings in relation to the registration of the trade mark are before the Registrar; and 
(b) the Registrar is reasonably satisfied that — 
(i) the registration of the trade mark cannot take place on or before the first-mentioned day in sub-
regulation (1) ( a) (i); and 
(ii) it is appropriate to do so; 
the Registrar may specify, for the purposes of sub-regulation (1) ( a) (ii), a day that is later than the 
first-mentioned day in sub-regulation (1) ( a) (i). 
 
Particulars to be entered in the Register 
49. For the purposes of section 53 (2) ( c) of the Act (which deals with particulars), the following other 
particulars of a trade mark must be entered in the Register — (a) if the trade mark is registered as a certificati on trade mark, a collective trade mark or a defensive 
trade mark-an indication to that effect; 
(b) the date of the registration; 
(c) the date on which the particulars of the registra tion are entered in the Register under section 53(l) 
of the Act; 
(d) the particulars of any right of priority claimed under section 13 of the Act; 
(e) the filing date of the initial application on which any divisional application is based; 
(f) any number allocated to the initial appli cation for registration of the trade mark; 
(g) the class numbers of the goods or services or both in  respect of which the trade mark is registered; 
(h) the address of the owner of the trade mark; 
(i) the name and address of the authorised agent; 
(j) any other particulars relating to the trade mark that the 
Registrar reasonably believes to be appropriate. 
 
Period for request for renewal 
50.—  (1) For the purposes of section 59 of the Act (which deals with requests for renewal), the 
period within which a person may request the Registra r to renew the registration of a trade mark is 6 
months ending on the day on which the registration of the trade mark expires. 
(2) A request renewal pursuant to section 59 shall be as prescribed in Form 7 of Schedule 6. 
  IP/N/1/LCA/T/2 
 Page 19 
 
 
 Notice of renewal due-: when and how given 
51.—  (1) For the purposes of section 60 of the Act (w hich deals with notice of renewal date), the 
period in relation to notifying a registered owner that renewal of the registration of a trade mark is due 
is within 3 months ending on the day on which the registration of the trade mark expires. 
(2) A notice that the renewal is due must include — 
(a) a statement of the date on which the regi stration of the trade mark will expire; and 
(b) a statement of any fee payable. 
 
Notice of renewal 
52. For the purposes of section 61 (2) of the Act (which  deals with renewal), a notice of the renewal 
of the registration of a trade mark must include — (a) a statement that the registration is renewed; and 
(b) the period for which it is renewed. 
 
PART 7 
A
MENDMENT AND CANCELLATION OF REGISTRATION 
 
Notice of cancellation 
53.—  (1) The Registrar must, after receiving a request from the owner of a registered trade mark 
under section 68 (1) of the Act (which deals with can cellation of registration), cancel registration of 
the trade mark if the Registrar is not obliged un der subsection 68 (2) of the Act to notify a person. 
(2) If the Registrar must notify a person under th at subsection, the notice must state that 
unless — 
(a) the request from the owner is sooner withdrawn; or 
(b) a prescribed court determines that the Registrar must not cancel registration of the trade mark; 
the Registrar will cancel the trade mark at the end of a period of 2 months from the date of the notice. 
(3) If — 
(a) before the end of the period of 2 months, each  person who is notified advises the Registrar in 
writing that the person does not object to cancellation of registration of the trade mark-the Registrar must cancel registration of the trade mark; or 
(b) paragraph ( a) does not apply-the Registrar must cancel re gistration of the trade mark after the end 
of that period;  
unless the request from the owner is withdrawn or a prescribed court determines otherwise. 
 
Amendment or cancellation -matters for the court 
54. For the purposes of section 73 (2) ( a) of the Act (which deals with amendment or cancellation by 
the High Court), the High Court, in making a decision under section 73 (1) of the Act on an 
application for rectification of the Register, must  take into account the following matters, so far as 
they are relevant — (a) the extent to which the public interest will be affected if registration of the trademark is not 
cancelled; 
(b) whether any circumstances that gave rise to the application have ceased to exist; 
(c) the extent to which the trade mark distinguished  the relevant goods or services or both before the 
circumstances giving rise to the application arose; 
(d) whether there is any order or other remedy, other than an order for rectification, that would be 
adequate in the circumstances. 
 
PART 8 
R
EMOVAL OF TRADE MARK FROM REGISTER FOR NON-USE 
 
Applications for removal etc. 
55. For the purposes of section 76 (2) ( a) of the Act (which deals with applications for removal of 
trade marks), an application for the removal of a trade mark from the Register — IP/N/1/LCA/T/2 
Page 20  
 
 (a) shall be in the form prescribed in Form 9 of Schedule 6; and 
(b) must be accompanied by a declaration made by, or on behalf of, the applicant — 
(i) stating that an inquiry into the use of the tr ade mark has been conducted by, or on behalf of, the 
applicant; and 
(ii) setting out the findings of that inquiry that  support either or both of the grounds for the 
application referred to in section 76 (4) of the Act. 
 
 
Notification of applications 
56.—  (1) For the purposes of section 79 (1) of the Ac t (which deals with notification), the Registrar 
must give notice of an application under section 76 of  the Act within 1 month after the application is 
filed in accordance with these Regulations. 
(2) The notice must be given by sending a copy  of the application, and the accompanying 
declaration, to each person who, in the opinion of the Registrar, needs to know that the application has 
been filed. 
 
Notice of opposition to removal 
57.—  (1) For the purposes of section 80 (2) of the Act (which deals with notice of opposition), a 
notice of opposition to an application under section 76 of the Act shall be in the form prescribed in 
Form 4 of Schedule 6 and must be filed with the Re gistrar within 3 months from the day on which the 
application is advertised in the Gazette . 
(2) The opponent must serve a copy of the notice of opposition on the applicant as soon as 
practicable after the notice is filed. 
 
Opposition proceedings before the Registrar 
58.—  (1) For the purposes of section 83 of the Act (which deals with opposition proceedings), 
regulations 31 to 41 inclusive apply, subject to sub-regulations (2) and (3), to an opposition to an 
application under section 76 of the Act. 
(2) The Registrar must, if asked to do so by the opponent within the period for serving — 
(a) a copy of the evidence in support under regulation 31(1); or 
(b) a copy of the notice under regulation 32(1); 
hear the parties to the opposition proceedings. 
(3) If the opponent — 
(a) does not serve a copy of the evidence in support in accordance with regulation 31 (l);or 
(b) serves a copy of a notice under regulation 32(1); or 
(c) does not serve a copy of that notice within the ti me allowed in sub-regulation 31(1) or 32(1) as the 
case may be; 
and the opponent does not request a hearing under sub-regulation (2 ), the opposition proceedings are 
taken to have ended, but are not taken to have been  discontinued or dismissed. 
(4) If — 
(a) under sub-regulation (3) opposition proceedings are take n to have ended, but are not taken to have 
been discontinued or dismissed; and 
(b) the Registrar is satisfied that the grounds on which the opposed application was made have been 
established; 
the Registrar must determine the applicati on in accordance with section 85 of the Act. 
 
PART 9 
ASSIGNMENT AND TRANSMISSION OF TRADE MARKS 
 
Applications for assi gnment etc. to be recorded or entered 
59. For the purposes of sections 91 and 93 of the Act (which deal with assignment and transmission), 
the following documents are prescribed —  IP/N/1/LCA/T/2 
 Page 21 
 
 
 (a) a document that establishes the title to a trade mark  of the assignee, or of the person to whom the 
trade mark has been transmitted; or 
(b) evidence of the assignment or transmission of  a registered certification trade mark; and 
(c) Form 10 of Schedule 6. 
 
Recording of assignment etc,: trade marks not registered 
60.—  (1) For the purposes of section 92 (1) ( a) of the Act (which deals with assignment and 
transmission), the Registrar must record particulars of the assignment or transmission of a trade mark 
in accordance with this regulation unless — 
(a) the application to assign or transmit the trade mark is withdrawn; or 
(b) a prescribed court determines otherwise. 
(2) If there is no record made under Part 11 of the Act of a person claiming an interest in, or a 
right in respect of, the trade mark, the Registrar mu st record the particulars after ascertaining that a 
claim has not been recorded. 
(3) If — 
(a) there is a record made under Part 11 of the Act of  a person, or persons, claiming an interest in, or a 
right in respect of, the trade mark; and 
(b) the Registrar has notified that person, or each  of those persons, under regulation 63 (1); and 
(c) that person or each of those persons has, within the period of 2 months from the date of the notice 
mentioned in paragraph (b), given written notice to  the Registrar consenting to the assignment or 
transmission; 
the Registrar must record the particulars after the Registrar has received the last notice consenting to 
the assignment or transmission. 
(4) If — 
(a) paragraphs (3) ( a) and ( b) apply; and 
(b) the person, or any of the persons, notified by  the Registrar under sub-regulation 63 (1) has not 
consented in writing to the assignment or transmi ssion of the trade mark within the period of 2 
months from the date of the notice; 
the Registrar must record the particulars as soon as practicable after the end of that period. 
 
Particulars of recorded assignment or transmission to be published 
61. For the purposes of section 92 (1) ( b) of the Act (which deals with assignment and transmission)  
(a) the following particulars of an assignment or transm ission of a trade mark for which registration is 
sought must be published— 
(a) if a number has been allocated in the Regist ry of Companies and Intellectual Property to the 
application for registration of the trade mark-the number; (ii) the name of the person to whom the trad e mark is recorded as having been assigned or 
transmitted; (iii) the day on which the particulars of the assignment or transmission were recorded; and 
(b) if details of an application for registration of the trade mark have been published in a way 
described in regulation 12 (2), the particulars of the assignment or transmission mentioned in 
paragraph ( a) must be published in the same way. 
 
Recording of assignment etc.  of registered trade marks 
62.—  (1) For the purposes of section 94 (1) ( a) of the Act (which deals with recording of 
assignment and transmission), the Registrar must record particulars of the assignment or transmission of a trade mark in accordance with this regulation, unless— (a) the application to assign or transmit the trade mark is withdrawn; or 
(b) a prescribed court determines otherwise. 
(2) If there is no record made under Part 11 of the Act of a person claiming an interest in, or a 
right in respect of, the trade mark, the Registrar mu st record the particulars in the Register after 
ascertaining that a claim has not been recorded. 
(3) If — IP/N/1/LCA/T/2 
Page 22  
 
 (a) there is a record made under Part 11 of the Act of  a person, or persons, claiming an interest in, or a 
right in respect of, the trade mark; and 
(b) the Registrar has notified that person, or each of those persons, under sub -regulation 63 (1); and 
(c) that person or each of those persons has, within  the period of 2 months from the date of the notice 
mentioned in paragraph ( b), given written notice to the Registrar consenting to the assignment or 
transmission; the Registrar must record the par ticulars in the Register after the Registrar has 
received the last notice consenting to the assignment or transmission. 
(4) If — 
(a) paragraphs (3) ( a) and ( b) apply; and 
(b) the person, or any of the persons, notified by  the Registrar under sub-regulation 63 (1) has not 
consented in writing to the assignment or transmission  of the trade mark within the period of 2 months 
from the date of the notice; the Registrar must record the particulars in the Re gister as soon as practicable after the end of that 
period. 
 
Notice to persons recorded as claiming right or interest in trade marks 
63.—  (1) For the purposes of section 95 of the Act, the Registrar must give notice in writing to a 
person recorded under Part 11 of the Act as claiming an  interest in, or a right in respect of, a trade 
mark stating that the Registrar will record the assignm ent or transmission of the trade mark at the end 
of a period of 2 months from the date of the notice, unless — 
(a) the application to assign or transmit the trade mark is withdrawn; or 
(b) a prescribed court determines otherwise; or 
(c) each person to whom the Registrar must give not ice under this sub-regulation has already notified 
the Registrar in writing that the person consents to the assignment or transmission. 
(2) Each notice under sub-regulation (1) in respect of a particular trade mark must be given on 
the same day. 
 
PART 10 
VOLUNTARY RECORDING OF CLAIMS TO INTERESTS IN AND 
RIGHTS IN RESPECT OF TRADE MARKS 
 
Amendment of particulars: claimed interests or rights 
64.—  (1) For the purposes of sections 99 and 103 of  the Act (which deal with amendment and 
cancellation of particulars), particulars of a claim to an  interest in, or to a right in respect of, a trade 
mark other than the name, address or address for service of a person whose claim is recorded or 
entered in the Register or recorded under Divisi on 3 of Part 11 of the Act may be amended in 
accordance with this regulation. 
(2) A request to amend particulars of a claim to an interest in, or to a right in respect of, a 
trade mark must be made in writing — 
(a) together by the person whose claim is reco rded and the owner of the trade mark; or 
(b) if the request has with it the written consent to the amendment of one of the persons mentioned in 
paragraph ( a), by the other person mentioned in that paragraph. 
(3) If a request is made in accordance with sub -regulation (2), the Registrar must amend the 
particulars in accordance with the request. 
 
Amendment of name, address and address fo r service: claims not in the Register 
65. If a person — 
(a) whose claim to an interest in, or to a right in  respect of, a trade mark for which registration is 
sought is recorded; and 
(b) whose name, address or address for service has cha nged since the claim was recorded; gives notice 
in writing of the new name or address to the Registrar, the Registrar must amend the record accordingly. 
  IP/N/1/LCA/T/2 
 Page 23 
 
 
 Cancellation of particulars; claimed interests or rights 
66.—  (1) For the purposes of sections 99 and 103 of  the Act (which deal with amendment and 
cancellation of particulars), particulars of a claim to an  interest in or to a right in respect of, a trade 
mark, entered in the Register or recorded under Di vision 3 of Part 11 of the Act may be cancelled in 
accordance with this regulation. 
(2) A request to cancel particulars of a claim to an interest in, or to a right in respect of, a 
trade mark must be made in writing — (a) by the person whose claim is recorded; or 
(b) by the owner of the trade mark; or 
(c) together by the person whose claim is reco rded and the owner of the trade mark; or 
(d) if the request has with it the written consent to the cancellation of one of the persons mentioned in 
paragraph ( c) by the other person mentioned in that paragraph. 
(3) If a request is made under sub-regulation (2) ( a), (c) or ( d), the Registrar must cancel the 
particulars in accordance with the request. 
(4) If a request is made under sub-regulation (2) ( b), the Registrar must notify in writing the 
person whose claim is recorded that — 
(a) the request has been made; and 
(b) unless the request is withdrawn or a prescribed c ourt orders otherwise, the Registrar will cancel 
particulars of the claim in acco rdance with the request as soon as practicable after the end of a 
period of 2 months from the date of the notice. 
(5) Unless a request made under sub-regulation (2) ( b) is withdrawn or a prescribed court 
determines otherwise, the Registrar must , as soon as practicable — (a) if, before the end of the period mentioned in sub-regulation (4) ( b), a person the particulars of 
whose claim are recorded informs the Registra r in writing that the person does not object to 
cancellation of the particulars-cancel the par ticulars in accordance with the request; or 
(b) if paragraph ( a) does not apply-cancel the particulars af ter the end of that period in accordance 
with the request. 
 
PART 11 
IMPORTATION OF GOODS INFRINGING SAINT LUCIAN TRADE MARKS 
 
Notice of objection to importation: accompanying documents 
67. For the purposes of section 115 (1) of the Act ( which deals with notice of objection), the 
document prescribed in relation to a notice given under that subsection, is Form 12. 
 
Notice of objection to impo rtation: authorised users 
68.—  (1) For the purposes of section 115 (3) of the Act ( which deals with notice of objection), the 
period in relation to a request by an authorised user under section 115 (2) of the Act is 2 months from 
the date on which the request is made. 
(2) For the purposes of section 115 (3) of the Act, the following documents are prescribed — 
(a) a copy of the certificate of registration of the tr ade mark certified by the Registrar as being a true 
copy and issued no more than two (2) months be fore the date of the notice given under section 115 
(1) of the Act; and 
(b) documents that establish that — 
(i) the authorised user has the power to give a notice of objection under section 115(1) of the Act; 
(ii) the registered owner was asked to give the notice; (iii) since the request mentioned in section 115(2) was made, the period prescribed by sub-regulation (1) in relation to the request has ended. 
 
Period for compliance with Comptro ller’s request for information etc. 
69. For the purposes of section 126 of the Act (w hich deals with giving information to the 
Comptroller), the period for complying with a requ est under section 126 (1) of the Act is 10 working 
days from the date on which the request is made. IP/N/1/LCA/T/2 
Page 24  
 
  
PART 12 
C
ERTIFICATION TRADE MARKS 
 
Copy of rules to be filed 
70. For the purposes of section 152(l)of the Act ( whic h deals with rules governing use), an applicant 
for registration of a certification trade mark must file a copy of the rules governing the use of the certification trade mark at, or as soon as practicable after, the time of filing of the application. 
 
Applications to vary rules 
71.—  (1) For the purposes of section 155 (1) of the Act (which deals with the variation of rules), the 
registered owner of a certification trade mark may a pply to the Registrar to approve a variation of the 
rules governing the use of the certification trade mark. 
(2) An application to approve the variation of the rules governing the use of a registered 
certification trade mark must — (a) be in writing; and 
(b) have with it a copy of the rules governing the u se of the registered certification trade mark that 
incorporates the proposed variation, highlighting the variations. 
 
Assignment of registered cer tification trade marks 
72.—  (1) An application to the Registrar for his or her consent to the assignment of a registered 
certification trade mark must — 
(a) be made by the registered owner of the certification trade mark; and 
(b) state the name, address, and address for service of the prospective assignee; and 
(c) state whether the prospective assignee proposes to  continue after assignment to apply the same 
rules governing use of the registered certification tr ade mark that the registered owner of the trade 
mark applies; and 
(d) if the prospective assignee does not propo se to continue to apply those rules — 
(i) state any variation of the rules that the pr ospective assignee proposes to apply after assignment; 
and 
(ii) have with it a copy of the rules incorpor ating the proposed variation that the prospective 
assignee proposes to apply after assignment. 
(2) In considering an application, the Registra r must have regard to the following matters — 
(a) whether the prospective assignee, or any prosp ective approved certifier within the meaning of 
section 152 (2) ( a) of the Act, is competent to certify the goods or services or both in respect of 
which the certification trade mark is registered; 
(b) if the prospective assignee does not propose after the assignment to continue to apply the same 
rules governing use of the registered certification trade mark as the registered owner of the trade 
mark applies-whether, if the application were an application to approve the variation of those rules 
that the prospective assignee proposes to vary after the assignment,  
the application would be approved by the Registrar.  
PART 13 
D
EFENSIVE TRADE MARKS 
 
Evidence in support of applications 
73. An applicant for registration of a defensive trade mark must file evidence in support of the 
application at, or as soon as practicable after, the time of filing of the application.   IP/N/1/LCA/T/2 
 Page 25 
 
 
 PART 14 
ADMINISTRATION 
 
Registry and sub-of fices-business hours 
74. The hours of business of the Registry of Compan ies and Intellectual Property and each sub-office 
of the Registry of Companies and Intellectual Property are from 9 a.m. to 2 p.m. Monday to Thursday and 9 a.m. to 3 p.m. on Friday, other than a public holiday, or such other hours as the Companies and Intellectual Property (Registry) Act may provide. 
 
Delegates the Registrar 
75. For the purposes of section 177(1) of the Act — 
(a) persons employed in, holding or performing the duties of offices in the Registry of Companies and 
Intellectual Property that are set out in Schedule 2 ar e prescribed persons or prescribed public officers. 
 
PART 15 
MISCELLANEOUS 
 
Division 1 
Applications and other documents 
 
Compliance with instructions on approved forms 
76. If — 
(a) an application, notice or request under the Act or these Regulations is required to be in an 
approved form; and 
(b) a blank form that may be used in making an application or request or giving notice — 
(i) is supplied by the Registrar; and 
(ii) contains directions about completing that  form; the person who completes the form must 
comply with those directions. 
(c) where a blank form is not obtained from the Registrar, the form used must conform as closely as 
possible to the prescribed or approved form. 
 
Filing of documents: req uirements as to form 
77.—  (1) A document to be filed at the Registry of Companies and Intellectual Property must 
comply with the requirements set out in Schedule 3. 
(2) If the document does not comply with the requirements in Schedule 3, the Registrar may 
return the document to the person from whom it was received with a statement setting out the 
requirements that have not been complied with a nd stating a period within which the requirements 
must be complied with. 
(3) A document may be filed by facsimile transmission — 
(a) if no fee is payable on filing the document; or 
(b) if a fee is payable on filing the document-if the document is accompanied by — 
(i) documentary evidence that the fee has been paid; or 
(ii) written authorisation of the payment. 
(4) If a document is filed by a person by facsimile transmission, the Registrar shall require the 
person to file the original document from which the facsimile was transmitted. 
 
Filing of documents: common requirements 
78.—  (1) A person who files an application, notice or request must include in the application, notice 
or request the business or residential address of — (a) the attorney-at-law making the application or request or giving the notice; and 
(b) the person on whose behalf the appl ication, notice or request is made. IP/N/1/LCA/T/2 
Page 26  
 
 (2) If an address recorded in the Register or incl uded in an application, notice or request that 
is filed changes, the person whose address changes, or  a person acting on behalf of that person, must 
notify the Registrar of the new addr ess as provided for in Regulation 86. 
(3) If the Registrar is notified of a new address, the Registrar must amend the Register, 
application, notice or request accordingly. 
(4) An application, notice or request that is to be filed must be signed by an attorney-at-law 
on behalf of the person making the application or request, or giving the notice, and dated by the 
signatory. 
 
Filing of documents: treatment of non-complying documents 
79. If a document received for filing at the Registry  of Companies and Intellectual Property fails to 
comply with the Act or these Regulations, the Registrar may — (a) treat the document as not having been filed at th e Registry of Companies and Intellectual Property; 
or 
(b) treat the document as having been filed, but requ ire the person who filed the document to make, or 
cause to be made, any alterations to the document that are necessary to enable the document to so 
comply. 
 
Filing of documents: date of receipt to be marked 
80.—  (1) A document that is received for filing must be marked by the Registrar with the date on 
which it is received. 
 (2) If the Registry of Companies and Intell ectual Property or a suboffice provides a facility 
for the receipt of documents (other than documents filed electronically or by facsimile transmission), 
when the Registry of Companies and Intellectual Property or sub-office is not open to the public for 
business, a document received by means of that fac ility is taken to have been received on the day on 
which the Registry of Companies and Intellectual Property or sub-office was last open to the public 
for business before the document was received. 
(3) Except as otherwise provided by the Act or these Regulations, a document is taken to be 
filed at the Registry of Companies and Intellectual Property on the date on wh ich it is received by the 
Registry of Companies and Intellectual Property. 
 
Declarations 
81.—  (1) In this regulation — 
“diplomatic or consular officer” means a person who holds any of the following offices of the State in 
a country other than Saint Lucia — (a) ambassador; 
(b) high commissioner; 
(c) minister; 
(d) charge d’affaires; 
(e) counsellor or second or third secretary at an embassy, high commission or other post; 
(f) consul-general; 
(g) consul; 
(h) vice-consul; 
(i) Secretary of State. 
(2) A declaration required by the Act or these Regulations must — 
(a) be headed with the title of the matter in respect of which the declaration is made; and 
(b) be expressed in the first person; and 
(c) state — 
(i) the name and address of the declarant; and 
(ii) if the declaration is made on behalf of anot her person the name and addr ess of the other person; 
and 
(d) if the declaration is made for the purposes of a business the details of which are set out in the 
declaration-state —  IP/N/1/LCA/T/2 
 Page 27 
 
 
 (i) the office or position held by the pers on by whom the declaration is made; and 
(ii) the address of the place where the business is conducted or princi pally conducted; and 
(e) be divided into paragraphs, each of which must be numbered consecutively and, as far as 
practicable, be confined to one subject. 
(3) A declaration may be made before — 
(a) a magistrate; or 
(b) a justice of the peace; or 
(c) a commissioner of affidavits; or 
(d) a commissioner for declarations; or 
(e) a notary royal; or 
(f) a notary public; or 
(g) a patent attorney; or 
(h) a person before whom a statutory declaration may be made under the Statutory Declarations 
Ordinance Cap. 118, Revised Laws of Saint Lucia 1957 or the law of the State, Territory or foreign country where the declaration is made; or 
(i) a diplomatic or consular officer. 
(4) The name and title of the person before whom  the declaration is made and the date when, 
and the place where, it was made must be stated in the declaration. 
 
Declarations: additional material 
82.—  (1) If— 
(a) a person is required by the Act or these Regulations to file a declaration or serve a copy of the 
declaration; and 
(b) it is not practicable to include in, or attach to, the declaration or copy any material to which the 
declaration refers; the person must file or serve th e material to which the declaration refers, or a 
copy of the material, at the same  time as the declaration or as soon as practicable after that time. 
(2) A declaration is not taken to have been f iled or served until any material to which the 
declaration refers, or any copy of the material, is filed or served. 
 
Notification of service 
83. A person who is required by the Act or these Re gulations to serve a document on another person 
must, as soon as practicable after the document is ser ved, notify the Registrar in writing of the date, 
place and manner of service. 
 
Notice of withdrawal of applications etc. 
84.—  (1) For the purposes of section 185 of the Act (w hich deals with withdrawal of applications, 
notices and requests) — 
(a) a person who has filed an application, notice or request; or 
(b) another person in whom the right or interest in reliance on which the application, notice or request 
was filed has become vested; may withdraw the app lication, notice or request by giving notice in 
writing of the withdrawal to the Registrar. 
(2) If — 
(a) the application, notice or request was filed by , or on behalf of, more than one person; or 
(b) the right or interest mentioned in paragraph (1) ( b) has become vested in more than one person; 
the notice of withdrawal must be signed by an  agent on behalf of each of those persons. 
(3) If a person mentioned in paragraph (1) ( b) withdraws an application, notice or request, the 
Registrar may require, in writing, that person to file documentary evidence that is sufficient to 
establish that the right or interest mentioned in that paragraph is vested in the person. 
 
Withdrawal of application etc.: Registrar’s notice to applicants 
85. If an application, notice or request is withdraw n in accordance with regulation 84, the Registrar 
must notify in writing the person or his attorney-at-la w of the withdrawal and record the fact of the 
withdrawal in a manner deemed appropriate. IP/N/1/LCA/T/2 
Page 28  
 
  
Change of address for service:  notice to interested persons 
86.—  (1) A person — 
(a) who has filed an application, noti ce or request stating an address; and 
(b) who notifies the Registrar of another address for the purposes of section 186 (1) ( b) of the Act 
(which deals with address for service) or any other purpose; 
must give a copy of the notification to any party to  proceedings relating to the application, notice or 
request and to any other person as directed by the Registrar. 
(2) For the purposes of section 186 a request for a change of address of service shall be in the 
form prescribed in Form 21 of Schedule 6.  
Division 2 
Proceedings before the Registrar 
 
Applications for costs 
87.—  (1) For the purposes of section 192 of the Act (w hich deals with costs), a party to proceedings 
before the Registrar may apply to the Registrar in th e form prescribed in Form 25 of Schedule 6 for an 
award of costs in relation to the proceedings. 
(2) An application must be made — 
(a) during the proceedings; or 
(b) within 3 months from: 
(i) the date on which the Registrar makes a decision in the proceedings that ends those 
proceedings; or 
(ii) the date of the Registrar’s notice to the part y that the proceedings have been discontinued or 
dismissed; as the case requires. 
(3) Before awarding costs in respect of the pro ceedings, the Registrar must give each party to 
the proceedings a reasonable opportunity to be heard in relation to the award of costs. 
(4) If a bill of costs is filed in relation to the pr oceedings, the bill of costs must be filed within 
3 months from the date on which the costs are awarded. 
 
Determination of costs 
88.—  (1) In this regulation, “costs” does not in clude the costs referred to in section 89 (2) ( b) of the 
Act. 
(2) For the purposes of section 192 of the Act (w hich deals with costs), costs may only be 
awarded in respect of a matter set out in Schedule 4. 
(3) The amount of costs must be taxed, allowed and certified by a trade marks officer 
appointed by the Registrar for th at purpose, in accordance with — 
(a) in the case of an item in Part 1 of Schedule 4, the amount specified in that item; or 
(b) in the case a matter set out in a clause in Part 2 of Schedule 4 that clause. 
(4) The Registrar may review the taxation of costs by a trade marks officer. 
 
Conduct of proceedings generally 
89.—  (1) The Registrar may, at the request of a part y to proceedings before the Registrar, other than 
opposition proceedings, give directions in rela tion to the procedure in the proceedings. 
(2) Directions given under sub -regulation (1) must not be inc onsistent with these Regulations. 
(3) The Registrar must not give directions under sub-regulation (1) unless the Registrar — 
(a) is reasonably satisfied that any person affected by  the proposed directions has been notified of the 
proposed directions; 
(b) has given any person affected a reasonable oppor tunity to make representations concerning the 
proposed directions; and 
(c) is reasonably satisfied that the pr oposed directions are appropriate. 
(4) For the purposes of sub-regulation (3) ( b), representations may be made in writing or at a 
hearing or by such other means as the Registrar reasonably allows.  IP/N/1/LCA/T/2 
 Page 29 
 
 
 (5) Subject to these Regulations, the Registrar ma y determine the procedure to be followed in 
proceedings before the Registrar. 
 
Hearings by Registrar 
90.—  (1) This regulation applies if the Act or these Regulations provide for a person to be heard by 
the Registrar. 
(2) A request for a hearing by the Registrar must  be in the form prescribed in Form 26 of 
Schedule 6. 
(3) On request, or on his or her own initiative, the Registrar may — 
(a) fix a time, date and place for the hearing; and 
(b) give the parties to the hearing at least 10 days ’ notice in writing of the hearing and of the time, 
date and place fixed for the hearing. 
(4) A party must, as soon as practicable after being notified of the hearing, inform the 
Registrar in writing as to whether the party wants to be heard. 
(5) A party may attend a hearing in person or  by such means as the Registrar reasonably 
allows. 
(6) A party may make representations in  writing before or during a hearing. 
(7) A hearing must be conducted with as little formality and technicality, and with as much 
expedition, as the requirements of the Act and th ese Regulations and a prope r consideration of the 
matters before the Registrar, allow. 
(8) The Registrar is not bound by the rules of  evidence but may inform himself or herself on 
any matter that is before him or her in any wa y that the Registrar reasonably believes to be 
appropriate. 
(9) The Registrar may adjourn a hearing by no tifying each party to the hearing accordingly. 
(10) Subject to these Regulations, the Registra r may give a direction that is reasonably 
necessary for the conduct of the hearing. 
 
Registrar not required to hold hearings 
91.—  (1) The Registrar is not required to proceed to hear a matter if — 
(a) the Registrar reasonably believes that no pa rty wishes to be heard in the matter; or 
(b) at least one of the following circumstances applies in relation to each party notified of the hearing 
under sub-regulation 90 (3): (i) the party has not indicated to the Regi strar that the party wishes to he heard 
(ii) the party has informed the Registrar that  the party does not wish to be heard; or 
(iii) the party does not attend the hearing. 
(2) The Registrar may decide a matter to which sub-regulation (1) refers — 
(a) without a hearing; and 
(b) by reference to relevant information about the matt er that is held in the Registry of Companies and 
Intellectual Property. 
 
Evidence in proceedings 
92.—  (1) Evidence that is given in writing in any pr oceedings before the Registrar must be in the 
form of a declaration. 
(2) The Registrar may require a person who has made a declaration that is filed in the 
proceedings to attend before the Registrar to give ev idence orally on oath or affirmation instead of, or 
in addition to, the evidence contained in the declaration. 
(3) The Registrar may permit a party to cr oss-examine a person who attends under sub-
regulation (2). 
 
Documents not in English 
93. If a document that is filed as evidence in proceedi ngs before the Registrar is not in English, the 
party who files the document must file with it — 
(a) a translation of the document into English; and IP/N/1/LCA/T/2 
Page 30  
 
 (b) a certificate of verification in relation to the translation. 
 
Registrar may use information available 
94.—  (1) If — 
(a) information that is available to the Registrar is relevant to proceedings be fore the Registrar; and 
(b) the Registrar has reason to believe that the inform ation is not known to a party to the proceedings; 
and 
(c) the Registrar proposes to take the information into account in making a decision in the 
proceedings; before making the decision the Registrar must — 
(i) provide the information to the party; and 
(ii) give the party a reasonable opportunity to make representations about the information. 
(2) For the purposes of sub-regulation (1)( c)(ii), the representations may be made in writing 
or at a hearing or by such other means as the Registrar reasonably allows. 
 
Statements of reason for decision 
95.— (1) If— 
(a) the Registrar notifies a party to proceedings before  the Registrar of a decision of the Registrar in 
the proceedings; and 
(b) the party requests the Registrar in wr iting for the reasons for the decision; 
the Registrar must comply with the request. 
(2) A request for reasons pursuant to sub-regula tion (1) shall be in the form prescribed in 
Form 24 of Schedule 6.  
Division 3 
General 
 
What fees are payable 
96. For the purposes of section 194 (1) of the Act (which  deals with fees), the fees specified in column 
3 of an item in Schedule 5 are payable in respect of a matter specified in column 2 of that item. 
 
How fees are to be paid 
97.—  (1) For the purposes of section 194 (2) of the Ac t (which deals with payment of fees), a fee, 
other than a fee payable under Part 13 of the Act, mu st be paid to the Registrar at the Registry of 
Companies and Intellectual Property or at a sub-offi ce of the Registry of Companies and Intellectual 
Property. 
(2) A fee payable under Part 13 of the Act must be paid to the Comptroller. 
(3) A fee must be paid in accordance with a direction given — 
(a) in the case of a fee that is paid to the Registrar by the Registrar; and 
(b) in the case of a fee that is paid to the Comptrolle r by the Comptroller; as to the way in which it is 
to be paid. 
 
Notice of non-pa yment of fee 
98. For the purposes of section 194 (5) of the Act (which deals with non-payment of fees), the 
Registrar or the Comptroller must notify in writing th e person concerned, or his or her agent, that the 
fee has not been paid, within 14 days after the doing of the act, or the filing of the document, for 
which the fee is payable. 
 
Refunds etc, of fees 
99.—  (1) If, because of an error or omission by a trade marks officer, a person becomes liable to 
pay a fee for which the person would not otherw ise have been liable, the Registrar may — 
(a) remit the whole or part of the fee; or 
(b) if the fee has been paid-refund the whole or part of the fee to that person, after obtaining approval 
or the consent of the Accountant General. 
  IP/N/1/LCA/T/2 
 Page 31 
 
 
 Extension of time: application 
100. For the purposes of section 195 (2) and (3) of the Ac t (which deal with extensions of time), an 
application for an extension of time for doing a relevant act — (a) must be in the form prescribed in Form 23 of Schedule 6; and 
(b) must be accompanied by a declaration stating— 
(i) the facts on which the grounds specifi ed in the application are based; and 
(ii) if the period for doing the relevant act has ended-the reason why the application was not made 
before the period ended. 
 
 
Extension of time: notice of opposition 
101.—  (1) For the purposes of section 195 (6) of the Act (which deals with opposition to an 
extension), a person may oppose an application for an  extension of time for more than 3 months by 
filing a notice of opposition with the Registrar. 
(2) A notice of opposition— 
(a) must be in writing; and 
(b) must be filed within one month after notice of th e application for an extension of time is published 
in the Gazette . 
(3) The opponent must serve a copy  of the notice on the applicant. 
 
Extension of time: op position proceedings 
102. For the purposes of section 195 (6) of the Act (w hich deal with opposition to an extension), 
regulations 31 to 39 inclusive apply to an oppos ition to an application for an extension of time. 
 
Extension of time-prescribed acts and documents 
103.—  (1) For the purposes of paragraph ( a) of the definition of 
“relevant act” in section 195 (8) of the Act, the following acts are prescribed — 
(a) complying with the requirements of regulation 7(1); 
(b) claiming a right of priority for an applicati on for the registration of a trade mark under section 
13(1) of the Act; 
(c) making a divisional application for the registration of a part of a trade mark under section 31 (2) of 
the Act; 
(d) making a divisional application for the registrati on of a trade mark under section 33 (2) of the Act; 
(e) making a divisional application for the registration of a trade mark under section 33 (4) of the Act; 
(f) serving a copy of the evidence under regulations 31, 34 or 38; 
(g) serving a copy of a notice under regulations 32, 36 or 39; 
(h) responding to a notice to which regulation 53 (2) applies; 
(i) requesting that an application for the registra tion of a trade mark be amended under section 48 ( b) 
of the Act; 
(j) requesting renewal of the registration of a trade mark under section 59 of the Act; 
(k) responding to a notice to which regulation 63 (1) applies; 
(l) responding to a notification of the Registrar under regulation 66 (4); 
(m) complying with the authorised user’s request referred to in regulation 68; 
(n) complying with a request for info rmation referred to in regulation 69. 
(2) For the purposes of paragraph ( b) of the definition of “relevant act” in section 195 (8) of 
the Act, the following documents are prescribed — 
(a) a notice of opposition to the registration of a trade mark under section 36 of the Act; 
(b) a notice of opposition to which regulation 101 (1) applies. 
 
Incapacity of certain persons 
104.—  (1) If a person is incapable  of doing anything required or  permitted by the Act or these 
Regulations to be done because of  infancy or physical or mental disability, a court may, on the 
application of a person acting on behalf of the incapable person or of another person interested IP/N/1/LCA/T/2 
Page 32  
 
 in the thing being done — 
(a) do the thing; or 
(b) appoint a person to do the thing; 
in the name, and on behalf, of the incapable person. 
(2) A thing done in the name of, and on behalf of, an incapable person is taken to have been 
done by that person as if the person had not been incapable when the thing was done. 
 
Destruction of documents 
105.—  (1) The Registrar may order the destruction of documents relating to trade marks the 
registration of which ceased not less than 10 years before the date of the order. 
(2) Sub-regulation (1) does not authorise the destruction of — 
(a) the Register; or 
(b) documents that are considered by the Registrar or  the National Archives Authority of St. Lucia to 
be of legal or historical interest. 
 
Direction not otherwise prescribed 
106. If the Registrar reasonably believes that it is n ecessary for the proper conduct of proceedings for 
a person to perform an act, file a document or produ ce evidence that the person is not required by the 
Act or these Regulations to perform, file or produ ce, the Registrar may give notice in writing to the 
person requiring him or her — (a) to perform the act; or 
(b) file the document; or 
(c) to produce the evidence; 
that is specified in the notice. 
 
Requirements cannot be complied with for reasonable cause 
107. If — 
(a) under these Regulations, a person is required to do  an act or thing, sign a document, make a 
declaration or file or give to the Registrar a document or evidence; and 
(b) the Registrar is reasonably satisfied that the pe rson cannot comply with the requirement; subject to 
any condition that the Regist rar may reasonably impose, the 
Registrar may dispense with the requirement. 
 
Forms generally 
108.— (1) An authorisation of an attorney at law as an agent pursuant to section 183 of the Act shall 
be in the form prescribed in Form 2 of Schedule 6. 
(2) A request for correction of a clerical error, or amendment of application of registration of 
trade mark and other documents pursuant to sections 47-50 of the Act shall be in the form prescribed 
in Form 6 of Schedule 6. 
(3) An application for cancellation or amendm ent of registration of a trade mark on the 
Register pursuant to sections 65-68 of the Act shall be  in the form prescribed in Form 8 of Schedule 6. 
(4) An application to record claims to inter ests in and rights in respect of a trade mark 
pursuant to section 97 of the Act shall be in the form prescribed in Form 11 of Schedule 6. 
(5) A notice of objection to importation pursuant to section 115(1) of the Act shall be in the 
form prescribed in Form 12 of Schedule 6. 
(6) A revocation of the notice of objection to importation pursuant to section 115(5) of the 
Act shall be in the form prescribed in Form 13 of Schedule 6. 
(7) An application for extension of time in whic h to bring an action pursuant to section 120(1) 
(b) of the Act shall be in the form prescribed in Form 14 of Schedule 6. 
(8) A notice of seizure of infringing goods pursuant to section 117( a) of the Act shall be in 
the form prescribed in Form 15 of Schedule 6. 
(9) A notice of seizure of infringing goods pursuant to section 117 ( b) of the Act shall be in 
the form prescribed in Form 16 of Schedule 6.  IP/N/1/LCA/T/2 
 Page 33 
 
 
 (10) A notice of consent to goods being forfeited to the State pursuant to section 118 of the 
Act shall be in the form prescribed in Form 17 of Schedule 6. 
(11) A notice of consent to goods being rel eased to designated owner pursuant to section 
119(2) of the Act shall be in the form prescribed in Form 18 of Schedule 6. 
 (12) A notice of infringement of notified trade mark pursuant to section 120 (1) of the Act 
shall be in the form prescribed in Form 19 of Schedule 6. 
(13) An application for consent to assignment of certification trade mark pursuant to section 
157 of the Act shall be in the form prescribed in Form 20 of Schedule 6. 
(14) A request to enter a change of name of re gistered owner or authorised user of a trade 
mark in the register pursuant to section 187 of the Ac t shall be in the form prescribed in Form 22 of 
Schedule 6. 
(15) A Certificate of Registration pursuant to the Act shall be in the form prescribed in Form 
27 of Schedule 6. 
(16) A notification of amendment pursuant to Part 8 Division 2 of the Act shall be in the form 
prescribed in Form 28 of Schedule 6. 
(17) A notice of renewal of registration of trade mark pursuant to section 61 (2) of the Act 
shall be in the form prescribed in Form 29 of Schedule 6. 
(18) The Registrar may give a certificate, other than a certificate prescribed by the Act or 
these Regulations regarding any entry,  matter or thing that he is authorised or required by the Act or 
these Regulations to make or do. 
(19) A person who can show an interest in an entry, matter or thing for which a certificate is 
required may, by an application in Form 30,  request the certificate from the Registrar. 
 
Form of documents 
109. A document to be filed pursuant to the Act shall be in the form prescribed in Schedules 3 and 6. 
 
General 
110. The Registrar may acknowledge inquires made to the office, but the Registrar need not furnish 
any applicant or other person with information that would require a search of the public records of the 
office or provide advice on matters concerning the interpretation of the Act or Regulations or 
concerning other questions of law.  
PART 16 
T
RANSITIONAL PROVISIONS 
 
Application of the Act 
111.—  (1) If— 
(a) the Registrar has issued a report on an appli cation lodged under Title X of the Commercial Code, 
Cap. 244; and 
(b) immediately before the commencement of these Regulations, the applica tion is pending and has 
not been completed; 
the report is taken to have been issued by the Registrar under the Act on the date on which it was 
issued under Title X of the Commercial Code, Cap. 244. 
(2) lf — 
(a) an application under Title X of the Commercial C ode Cap 244 for the registration of a trade mark 
is amended under Title X of the Commercial Code, Cap. 244; and 
(b) immediately before the commencement of these Regulations, the applica tion is pending and has 
not been accepted; 
the amendment is taken to have been made unde r the Act on the date on which it was made under 
Title X of the Commercial Code, Cap. 244. 
 IP/N/1/LCA/T/2 
Page 34  
 
 Certain extensions of time continue 
112. If— 
(a) the Registrar has extended a period of time under the Trade Marks and Service Marks Rules 1986 
of the United Kingdom; and 
(b) the extended period of time had not ended be fore the commencement of these Regulations; the 
period ends when it would have  ended if that section had continued to be in force. 
 
 
SCHEDULE 1 
 
(Regulation 20 ) 
 
SIGNS THAT SHALL NOT BE REGISTERED 
AS TRADE MARKS 
 
The following shall not be re gistered as trade marks — 
 
(a) the words “Patent”, “Patented”, “By Royal Letters Patent”, “Registered”, “Registered Design”, “Copyright” 
“Plant Breeder’s Rights”, or words or symbol s to the same effect, including the symbols; 
 
(b) the words ‘To counterfeit this is a fo rgery”, or words to the same effect; 
 
(c) a representation of the Coat of Arms, or  of the flag or seal, of Saint Lucia; 
 (d) a representation of the logo or emblem of a public authority or public institution in Saint Lucia except where 
registered by the public authority or public institution to which it relates; 
 (e) a representation of a mark notified by the International Union for the Protection of Industrial Property as not 
entitled to registration under international arrangements; 
 (f) words, letters or devices likely to lead persons to think that the applicant has or recently has had Royal 
patronage or authorisation; 
 (g) a representation of the Royal Crown. 
 
 
_______________________ 
 
SCHEDULE 2 
 
(Regulation 75) 
 
PRESCRIBED OFFICE S 
 1. Deputy Registrar 
2. Assistant Registrar 
3. Clerk III 4. Clerk/typist 
5. Secretary 
6. Vault Attendant 7. Office Assistant 
8. Accounts Clerk 
  IP/N/1/LCA/T/2 
 Page 35 
 
 
 SCHEDULE 3 
 
(Regulation 107 ) 
 
FORM OF DOCUMENTS 
 
1. Documents, except documents mentioned in regulations 16, 29 and 93 must be written in English. 
 
2. Documents (excluding documents that are to be filed by facsimile transmission) must be written on tough 
white paper of good quality, preferably international A4 si ze (297 millimeters by 210 millimeters) or 81/2 x 11 
size (216 millimeters by 279 millimeters). 
 
3. The contents of a document must be written on one side only of the paper in a carbonaceous or other permanent ink on which bleaching agents do not have any effect. 
 
4. The contents of a document must be legible and if the document is printed, the type setting must not be less than size 12 font point. 
 
5. The signature of the person signing a document and the date of signature must be pl aced on the last sheet of 
the document. 
 
6. The name of a person signing a document must be legibly written under or beside the signature of that person.  
7. An alteration made in a document before it is filed at the Registry of Companies and Intellectual Property 
must be initialed in the margin of the document opposite to the alteration by the person who signs the document.  
8. The use of correction fluid on documents is prohib ited and such documents will not be accepted for filing. 
 
9. Documents must be filed in duplicate. 
 10. Documents which pertain to appli cations under the Act must be accompan ied by an authorisation of agent 
form as prescribed in Form 2 of Schedule 6. 
 
 
SCHEDULE 4 
 
(Regulation 88 ) 
 
COSTS, EXPENSES AND ALLOWANCE 
 
PART 1 
C
OSTS 
 
Column 1   Column 2      Column 3 
 I t e m     M a t t e r        A m o u n t  
1   Notice of opposition     $180 
2    Evidence in support    $480 
3    Receiving and perusing notice of oppos ition   $100 
4    Receiving and perusing evidence in support   $100 5    Evidence in answer     $300 
6    Receiving and perusing evidence in answer   $150 
7     E v i d e n c e  i n  r e p l y      $ 1 5 0  8    Receiving and perusing  evidence in reply   $100 
9    Preparation of cases for hearing    $300 
10    Attendance at hearing by attorney-at-law   $200 per hour  
 IP/N/1/LCA/T/2 
Page 36  
 
  
PART 2 
EXPENSES AND ALLOWANCES 
 
Division 1 
EXPENSES 
 1. A person who has paid a fee prescribed in these Regu lations in relation to proceed ings before the Registrar 
may be paid the amount of the fee. 
 2. A person attending proceedings be fore the Registrar must be paid — 
(a) a reasonable amount for allowances for transport between the usual place of residence of the person and the 
place that he or she attends for that purpose; and 
 (b) if the person is required to be absent overnight from his or her usual place of residence-a reasonable amount 
for allowances up to a daily maximum of $400 for meals and accommodation. 
 
Division 2 
Allowances 
 3. A person who, because of his or her professional, sc ientific or other special skill or knowledge, is summoned 
to appear as a witness before the Registrar must be paid — 
(a) if the person is remunerated in his or her occupation by wages, salary or fees-an amount equal to the amount 
of wages, salary or fees not aid to the person because of his or her attendance for that purpose; and 
(b) in any other ease-an amount of not less than $100, or more than $500, for each day on which he or she so 
attends. 
 
4. A person summoned to appear as a witness, other than a witness referred to in clause 3, before the Registrar 
must be paid — 
(a) if the person is remunerated in his or her occupation by wages, salary or fees-an amount equal to the amount 
of wages, salary or fees not paid to the person b ecause of his or her attendance for that purpose; and 
(b) in any other case-an amount of not less than $60, or more than $100, for each day on which he or she so 
attends. 
 
SCHEDULE 5 
 
(Regulation 96 ) 
 
FEES 
 ITEM    MATTER       FEES 
1    Filing an application to register a trade mark/ 
certification/defensive or collective trade mark 
      (a) In respect of goods or services in a single 
prescribed class       $100.00 
(b) In respect of goods or services in more than 1 prescribed class      $100.00 plus 
$50.00 for each 
additional class 
2    Filing of divisional application     $100.00 for 
each class 
3    Filing of an application to register 2 or more   $200.00 in 
trade marks as a series under Section 35    respect of 2 
trade marks plus $50.00 for 
each additional 
mark in the series 
4   Additional fee for filing application under item 1,2,   $65.00 per 
or 3 if a representation of the mark exceeds application  IP/N/1/LCA/T/2 
 Page 37 
 
 
 ITEM    MATTER       FEES 
 
8cm x 8 cm or 3 in x 3 in 
5    Request for deferment of acceptance of an 
application       $50.00 
6    Request for expedited examination of application 
for registration of a trade mark     $40.00 
7    Filing of any notice of opposition     $200.00 
8    Filing of application for extension of period or time 
under regulations — (a) for each month or part of a month for which the 
extension is sought      $50.00 
(b) additional fee if appli cation or request is filed 
after the end of the period or time to extend    $100.00 
9    Filing of notice or evidence in opposition 
proceedings       $60.00 
10    Certificate of registratio n of trade mark in respect of 
1 – 4 Classes       $100.00 
5 – 10 Classes       $200.00 11 – 15 Classes       $300.00 
16 – 20 Classes      $350.00 
21 Classes and up      $400.00 
11    Publication/Gazette fee 
(a) word mark       $100forsingle class 
and $100 for each additional 
class 
(b) combined mark      $125forsingle class 
and $100 for 
each additional class 
(c) logos       $150forsingle class 
and $100 for each additional 
class 
12    Renewal of registration of trade mark 
(a) in respect of goods or services in a single 
prescribed class       $100.00 
(b) in respect of goods or services in more than   $100.00 plus one prescribed class      $20.00 for each 
additional class 
 (c) as a result of a request made within 12 months   in addition to after the expiry date fees in (a) and(b)   $25.00 for  
each class and 
foreachmonthor part of a month 
after the expiry date 
Certificate of Renewal      $50.00 
13    Application for amendm ent of trade mark application 
before or after publication of notice of application   $50.00 
14    Application for amendment of Register    $80.00 per mark 
15    Application for am endment of documents other 
than application for registration of trade mark   $40.00 
16    Filing authorisation of agent – 1st time    $5.00 
-if already filed       $2.00 
17   Application for cancellation of a mark    $50.00 18    Filing an application for recording of assignment   $100.00 
or transmission of trade mark     per mark IP/N/1/LCA/T/2 
Page 38  
 
 ITEM    MATTER       FEES 
 
19    Application to record a claim to an interest in or 
a right in respect of a trade mark     $100.00 
20    Request for an amendment or cancellation of 
recorded particulars of a claim to an interest in, 
or a right in respect of a trade mark     $80.00 
21    Filing a copy of rules governing use of a 
certification trade mark      $80.00 
22    Filing evidence supporting an application for 
registration of a defensive trade mark    $80.00 
23    Request for hearing      $200.00 
24    Attendance at hearing      $50.00 25    Withdrawal of an application, notice or request   $20.00 
26    Request for change of address of registered owner   $30.00 per mark 
27    Request for change of name of registered owner   $40.00 per mark 28    Filing of application for costs     $25.00 
29    Taxation of costs       $60.00 
30    Certified copy of a certificate of registration    $20.00 31    Certified copy of a document other than a certificate 
of registration       $10.00 
32   Uncertified photographic copy of document    $1.00 per page 33    Filing of any document for which a fee is not 
p r o v i d e d        $ 2 0 . 0 0  
3 4     S e a r c h         $ 5 . 0 0  f o r  u p  t o  
three files, and 
$1.00 for each 
additional file 
35    Request for Certificate in relation to an entry, 
matter or thing under Regulation 108 (18), (19)   $30.00 
 
 
SCHEDULE 6 
 
(Regulation 6 ) 
 
FORMS 
F
ORM 1 
 
APPLICATION FOR REGISTRATION OF A TRADE MARK 
(Reproduction of mark should not exceed 8 cm x 8 cm or 3 in X 3 in) 
 
Please refer to the notes for completion of this form 
trade Marks Act 2001 : Section 11 parts 15, 16 & 17 
 1. Indicate if this application is for 
(i) a trade mark 
(ii) a collective trade mark 
(iii) a certification trade mark 
(iv) a defensive trade mark  
2. The applicant claims to be the owner of the trade mark and 
(i) is using or intends to use the trade mark (ii) has authorised or intends to authorise another person to use the trade mark 
(iii) intends to assign the trade mark to body corporate 
 3. Representation of trade mark 
  IP/N/1/LCA/T/2 
 Page 39 
 
 
 4. State “Yes” here if the trade mark is a word or  words without any particular form of presentation 
 5. If mark contains or consists of a sign that is a colour, shape or an aspect of packaging, or any combination of 
those, give concise and accurate description of the trade mark 
 6. If the application is a series of marks indicate how many in the series 
 
7. If this application claims  Date of filing   Country    Number 
priority indicate the priority 
date(s) claimed, the country  and the number. 
 
8. Certified copy of application of which priority is claimed  
Is attached 
Will be furnished within six months 
 9. Translation of certified copy 
Is attached 
Will be furnished within one month of the filing date  
10. Specification of goods or services   Class number   List of goods 
 11. if colour claimed, indi cate and state colours claimed 
 
12. Indicate any limitation or disclaimers  
13. Full name and address of applicant 
 
14. Full name and address of agent 
 15. Authorisation of Agent is attached   Yes    No 
 
16. The mark is three dimensional Reproduction of the mark In black and white is attached 
Reproduction of the mark In colour is attached 
 17. State the number of sheets attached to this application 
 
Dated this   day of    ,20  
___________________________ 
Signature of Agent 
 
Notes 
 
1. If there is not enough space for yo ur answer to any section of this fo rm, use separate sheets and number each 
one and write on the form how many extra sheets you have used. 
 
2. All applications must be accompanied by six (6) additional representations. 
 
FOR OFFICIAL USE ONLY:
 
 
Mark Type:    Wordmark 
Word & device 
Device only 
  
 IP/N/1/LCA/T/2 
Page 40  
 
 FORM 2 
 
(Regulation 108 (1)) 
 
AUTHORISATION OF AGENT 
(Trade Marks Act 2001: Section 183 
 
 
I/We1 
............................................................................................................................... .....................................................
................................................................................... have appointed2 ...................................... of 3 
............................................................... to act as my/our Agent in relation to4 
 
  1.  Application and registration of and post registration matters relating to 
the following trade mark(s): 
  2.  The following application(s) or regi stration(s) in relation to the following 
registered mark(s): 
  3.  Registration of and other proceedings in relation to all trade marks in 
which we may now or hereafter have any right or interest. 
 
I/We request that all monies, requisitions and communications relating thereto be sent to the agent at 
the above address.  
I/We hereby revoke all previous authorizations, if any, in respect of the same matter or proceeding. 
 
I/We hereby declare that I am/We are
5 ................................................................... 
 
Dated this ......................................... day of ..........................................2 ........... 
 
Signature6 : ..................................................................................................................... 
 
Address: ...................................................................................................................... .. 
 N.B.: The Authorisation of Agent must bear the Seal or Stamp of the Company. 
 
  
 
  
 
  
 
  
 
 
 
  
___________________________ 
1 The full name of the Company or person 
2 Insert full name of Agent(s) 
3 Insert full address of Agent and Chambers (if applicable) 
4 Tick appropriate box(es) 
5 State nationality of Applicant 
6 To be signed by person appointing Agent or authorised officer of the Company  IP/N/1/LCA/T/2 
 Page 41 
 
 
 FORM 3 
(Regulation 22 ) 
Request to divide an application 
(Trade Marks Act 2001 : Part 4 Division 3) 
 
1. Give details of application to be divided 
2. Is this request to divide the specification of goods or services? 
3. If this request is to divide an application into more than two parts, indicate how many parts you want it 
divided into and give details. 
4. Full name and address of applicant 5. Full name and address of agent 
6. Signature 
Date         ---------/------------/------- 
Day  Month  Year 
7. State number of sheets attached to this form 
 
NB: List on a separate sheet (a) the goods or services by class number to be removed to a divisional application 
(b) representation of the marks which will form part of a divisional application. 
 
You cannot divide a registered trade mark. 
 
 
FORM 4 
(Regulation 25 (2);57 ) 
NOTICE OF OPPOSITION TO REGISTRATION/ 
REMOVAL OF TRADEMARK 
(Trade Marks Act 2001 : Section 36 (2) & 80) 
Notice of opposition to registr ation/removal of a Trade Mark 
 
1.  Number of the application against which opposition is lodged. 
Class(es) 
2.  Please give details of the Gazette in which the application was advertised. 
Gazette Details 
_________/__________________/_________ 
day   month   year 
___________________________ 
Gazette No. & Vol. No. 
3.  Full name and address of opposant 
_______________________________________ 
(Name) 
_______________________________________ 
(Address) 
4.  Grounds of Opposition to Registration/Removal : 
5.  Agents details 
_______________________________________ 
(Name) 
_______________________________________ 
(Address) 
______________________________________ 
(Contact No) 
______________________________________ 
Signature of agent 
 Dated this  day of    , 20 . 
 
NB: (1) All forms must be filed in duplicate at the Re gistry of Companies and Intellectual Property Office. 
 
 IP/N/1/LCA/T/2 
Page 42  
 
 FORM 5 
 
(Regulation 40 (6) ) 
 
NOTICE OF ATTENDANCE 
(Trade Marks Act 2 001 : Section 38) 
 
OPPOSITION HEARING 
 
 TO: Registrar of Companies & Intellectual Property 
 
 Take notice that ________________
1 ____________________acting by his agent __________________ 2 
___________________  
intends to appear in opposition proceedings relating to Trademark Applicatio
n 20 / . 
 
 Dated this   day of   ,20 . 
 
  
______________________________ 
Signature of Agent 
 
                   
 
                             _______________________________ 
1Insert name of opposant or applicant as applicable 
2Insert name of agent and address  IP/N/1/LCA/T/2 
 Page 43 
 
 
 FORM 6 
(Regulation 108 (2) ) 
Request for Correction of Clerical Error, Or Amendment of 
Application of Registration of Trademark and Other Documents 
 
(Trade Marks Act 2001 : Section 47-50) 
 
 
1.  Application Number or Registration Number (if applicable) 
 2.  Is the application in relation to 
1 
A trademark application Other document 
 
3.  Full name and address of applicant for registration or registered proprietor 
Name: _________________________________________________ Address: _______________________________________________ 
_______________________________________________ 
  4.  Details to be amended or corrected: 
 
5.  Agents details 
Name:________________________________________________ 
Address:_______________________________________________ 
_______________________________________________ 
 
6.  Signature      Date 
_______________    _______/_______/______ 
            Agent            Day  Month         Year 
 
   
 
FORM 7 
Regulation 50 (2) 
Request for the Renewal of a Trade Mark 
(Trade Marks Act 2001 : Section 59) 
 
 1.  Indication that a Renewal is Sought 
The renewal of the registration identified in the present request is hereby requested. 
 2.  Registration Concerned 
Registration Number 
 3.  Proprietor 
Name _________________________________________________ 
Address ______________________________________________ 
 
4.  Agent : 
Date  ______________ / _________________ / ____________ 
day   month    year 
Signature ___________________________ 
Agent 
 
 
_________________________________ 
1 Tick appropriate box 
 IP/N/1/LCA/T/2 
Page 44  
 
 FORM 8 
Regulation 108 (3) 
Application for the Cance llation or Amendment of 
Registration of a Trade Mark on the Register 
 
(Trade Marks Act 2001 : Section 65 - 68) 
 
 
1.  Registration Number (s) and Class number (s) of  the trade marks for which cancellation or amendment 
is sought 
 
2.  Full name of registered proprietor 
 3.  Is this application for amendment or cancellation of a trade mark?
2 
 4.  Details to be amended  
5.  Agents details 
 
Name ___________________________________________________ 
Address ________________________________________________ 
  
(vi) Signature    Date 
_________________   ____________ / ____________ / _____ Agent     Day   Month   Year 
 
 
FORM 9 
(Regulation 55) 
Application for the Removal of a Trade Mark from the Register 
(Trade Marks Act 2001 : Section 76) 
 1.  Registration Number (s) and Class Number (s) of the trade marks for which removal is sought 
 
2.  Full name of registered proprietor  
3.  Is this application for removal of a mark in respect of?
3 
   All goods / services 
   4 Some goods / services 
in respect of which the trade mark is registered 
 4.  Grounds for the removal applied for 
 
5.  Agent details 
Name ___________________________________________________ 
Address ________________________________________________ 
______________________________________________________ 
 
6.  Signature Date 
__________________    _____________ / ___________ / ______ 
A g e n t       D a y    M o n t h    Y e a r  
 ______________________ 
2 Tick the appropriate box 
3 Tick the appropriate box 
4 List goods/services for which removal of trade mark is sought 
  IP/N/1/LCA/T/2 
 Page 45 
 
 
 FORM 10 
(Regulation 59) 
Application for Recordal of Assignment or 
Transmission of Trade Mark 
 
(Trade Marks Act 2001 : Sections 91 - 93) 
 
Registration number (s), Application number (s) and class number (s) of the trade marks concerned and the 
goods and services for which the trade mark (s) has been used. 
 
5Registration No/Application No    Class No. 
 
Goods or services for whic h the trade mark has been used and is assigned. 
____________________________________________________________ ____________________________________________________________ 
 
1.  Full name of current Registered Owner (Assignor) 
______________________________________________________ 
 
2.  Full name and address of assignee 
______________________________________________________ 
(Name) 
______________________________________________________ 
(Address) 
 
3.  Date of Assignment ________ / ______________ / ______________  
4.  Is the applicant the
6 
Current registered proprietor (Assignor) Or Assignee 
 5.  Certified copy of evidence of assignment or transmission of trade is attached 
Yes    No 
 6.  Agent’s Details ___________________________________________ 
(Name) 
______________________________________________________ 
(Address) 
 
7.  Signature Date 
__________________   _____________ / ___________ / ______ 
Agent     Day   Month   Year 
  
 
  
 
 
 
  
 
_____________________ 
5If more space is needed please insert 
6Tick the appropriate box 
  IP/N/1/LCA/T/2 
Page 46  
 
 FORM 11 
 
(Regulation 108 (4)) 
 
Application to Record Claims to Interest in and 
Rights in Respect of a Trade Mark 
 
(Trade Marks Act 2001 : Section 97) 
 
 1.  Trade Mark Concerned Class No. Trademark No. 
 
2.  Applicant’s Details 
________________________________________________________ 
(Name) 
________________________________________________________ 
(Address) 
________________________________________________________ 
(Agent) 
3.  Registered Owner 
________________________________________________________ 
(Name) 
________________________________________________________ 
(Agent) 
 4.  Particulars of claims to interest in, or to right on respect of trade mark 
________________________________________________________ 
________________________________________________________ 
________________________________________________________ 
 5.  Signature Date 
__________________   _____________ / ___________ / ______ 
Day   Month   Year 
__________________   _____________ / ___________ / ______ 
Day   Month   Year  
  
 
  
 
  
 
  
 
 
 
  
 
  
 
  
  IP/N/1/LCA/T/2 
 Page 47 
 
 
 FORM 12 
(Regulations 67; 108 (5)) 
Notice of Objection to Importation 
(Trade Marks Act 2001 : Section 115 (1)) 
 To: Comptroller of Customs & Excise 
I/We
7 _______________________________________________________ 
of8 _________________________________________________________ 
 
being the registered owner/authorised user of the trade mark(s) mentioned in the Schedule to this Notice under 
the Trade Marks Act 2001 object to the importation into Saint Lucia of any goods made outside of Saint Lucia 
being goods to which section 116 of the Trade Marks Act 2001 applies and which infringe the trade mark. 
 I/We hereby give the Comptroller of Customs and Excise, and his agents, for the purposes of section 116(3) of 
the Trade Marks Act 2001 security in the amount of 
9 .............. ............... ..... in respect of any liability or 
expenses that may be incurred by the Comptroller and hi s agents as a result of seizure under section 116 of the 
Trade Marks Act 2001 of any goods to which this notice relates. 
 
Dated : _____________ / ___________ / ______ 
Day   Month           Year 
Signature: ________________________________ 
 Name of Agent:________________________________________________ 
Address: ____________________________________________________ 
Contact No: ________________________________________________________________________ 
 
 
FORM 13 
(Regulation 108 (6)) 
Revocation of Notice of Objection to Importation 
(Trade Marks Act 2001 : Section 115 (5)) 
 
To: Comptroller of Customs & Excise RE: Notified Trade Mark(s) 
10 _____________________________________ 
Pursuant to notice dated: ______________ / ______________ / _________ 
Day   Month      Year 
I/We 11_______________________________________________________ 
of _________________________________________________________ 
 being the registered owner/authorised user named in th e above notice hereby revokes the said notice in relation 
to the above mentioned trade mark(s) 
 Dated : _____________ / ___________ / ______ 
Day   Month             Year 
Signature: ________________________________  
Name of Agent:________________________________________________ 
Address: ____________________________________________________ 
Contact No: __________________________________________________ 
 ________________ 
7 Delete the appropriate one 
8Insert address 
9Insert amount of security given 
10 State registration number(s) and names of trade mark(s) 
11 Delete the appropriate one 
 
 IP/N/1/LCA/T/2 
Page 48  
 
 FORM 14 
(Regulation 108 (7)) 
Application for Extension of Time in which to bring Action 
(Trade Marks Act 2001 : Section 120 (1) (b)) 
 To: Comptroller of Customs & Excise 
 
RE: Notified Trade Mark ________________________________________ 
 
Pursuant to notice of objection to importation dated: ______ / ________ / ____ 
DD  MM     YY 
I/We
12_______________________________________________________ 
 of
13 _________________________________________________________ 
 
being the objector(s) in relation to goods seized pursua nt to notice of the Comptroller of Customs and Excise 
dated ___________ / _____________ / ______ 
DD   MM     YY 
hereby request an extension of time for a period of __________ days in which to bring the action with respect to the infringement of the notified trade mark(s). Th e reason for this request is stated hereunder:
14 
 
Dated : _____________ / ___________ / ______ 
Day   Month            Year 
 
Signature: ________________________________  
Name of Agent:________________________________________________ 
Address: ____________________________________________________ 
Contact No: __________________________________________________ 
 
 
 
FORM 15 
(Regulation 108 (8)) 
Notice of Seizure of Infringing Goods 
(Trade Marks 2001:Section 117 (a)) 
 
To:____________________________________________________________ 
 of_____________________________________________________________ 
(Designated owner) 
 Notice is hereby given that the undermentioned goods have been seized under Section 116 of the Trade Marks 
Act 2001: 
 Dated:_________/_______________/___________ 
Day     Month        Year 
 
Signature:_________________________________ 
      Comptroller of Customs & Excise 
 
The Comptroller of Customs and Excise 
 
 
________________ 
12 Delete the appropriate one 
13 Insert full name and address 
14 Give full details  IP/N/1/LCA/T/2 
 Page 49 
 
 
 FORM 16 
(Regulation 108 (9)) 
Notice of Seizure of Infringing Goods 
(Trade Marks 2001:Section 117 (b)) 
 To:____________________________________________________________ 
(Objector) 
 
Notice is hereby given that the undermentioned goods have been seized under section 116 of the Trade Marks 
Act 2001. The designated owner(s) of the goods is/are __________________________ 
________________________________________________________________ 
_________________________________________________________________ of ________________________________________________________ 
 
Take notice that the said goods will be released to the designated owner unless you or one of the objectors bring an action for infringement of the notified trade mark an d give notice under section 120 (1) (a) of the Trade 
Marks Act 2001 within one month from the date of this notice or if the period of notice has been extended under 
section 120 (1)(b) the extended period.  
Dated:_______/___________________/__________ 
Day  Month    Year 
Signature:__________________________________ 
       Comptroller of Customs and Excise 
 
The Comptroller of Customs and Excise 
 
 
FORM 17 
(Regulation 108 (10)) 
Notice of Consent to Goods Being Forfeited to the State 
(Trade Marks 2001:Section 118) 
 To: The Comptroller of Customs and Excise 
 
I/We
15_______________________________________________________ 
 
of 16________________________________________________________ 
 the designated owner(s) of of goods seized pursuant to notice of the Comptroller of Customs and Excise dated 
________/___________/_______ 
DD      MM   YY hereby consent to the goods mentioned in the above notice being forfeited to the State 
 
Dated:_________/________________/_________ 
Day             Month          Year 
 
Signature:________________________________ 
 
Name of Agent:________________________________________________ Address: ____________________________________________________ 
Contact No: __________________________________________________ 
  
________________________ 
15 Delete the appropriate one 
16 State full name and address 
 IP/N/1/LCA/T/2 
Page 50  
 
 FORM 18 
 
(Regulations 108 (11) 
 
Notice of Consent to the Goods bein g released to the Designated Owner 
 
(Trade Marks Act 2001: Section 119(2)) 
 
 
To: The Comptroller of Customs and Excise  
I/We
17_______________________________________________________ 
 of
18_____________________________________________________________ 
 
being the objcetor(s) in relation to goods seized pursuant  to notice of the Comptroller of Customs and Excise  
 
dated _______/____________/_______ 
DD  MM           YY 
 
hereby consent to the goods mentioned in the above notice/the goods listed hereunder 19 to be released to the 
designated owner.  
Dated:________/________________/__________ 
Day         Month           Year 
 
Signature:________________________________ 
 
Name of Agent:________________________________________________ 
 Address: ____________________________________________________ 
 
Contact No: __________________________________________________  
 
  
 
  
 
  
 
  
 
 
 
  
_________________________ 
17 Delete the appropriate one 
18 State full name and address 
19 If the notice of consent relates to only some of the goods seized and listed in 
the Notice of the Comptroller list those goods to which this notice of consent applies 
  IP/N/1/LCA/T/2 
 Page 51 
 
 
 FORM 19 
 
(Regulation 108 (12)) 
 
Notice of Action for Infring ement of Notified Trade Mark 
 
(Trade Marks Act 2001: Section 120 (1)) 
 
 
To: The Comptroller of Customs and Excise  
RE: Notified trade mark(s)
20__________________________________ 
 Pursuant to notice dated__________/_____________/_________ 
DD   MM        YY 
I/We
21 _____________________________________________________ 
 
of22_____________________________________________________________ 
 being the objector(s) in relation to goods seized pursuant to notice of the 
Comptroller of Customs and Excise dated ________/___________/_______ 
DD        MM              YY 
 
hereby give notice that action No. ______has been commenced on ________ 
 in
23____________________________________________________ with 
 
respect to the infringement of the notified trade mark. 
 
Dated:__________/_____________/_________ 
Day             Month         Year 
 
Signature:______________________________  
Name of Agent:________________________________________________ 
 Address: ____________________________________________________ 
 
Contact No: __________________________________________________  
 
  
 
  
 
 
 
  
______________________ 
20Insert registration number(s) and names 
21Delete the appropriate one 
22State full name and address 
23Insert the full name and jurisdiction in which the action has been commenced 
 IP/N/1/LCA/T/2 
Page 52  
 
 FORM 20 
(Regulation 108 (13)) 
Application for Consent to Assign ment of Certification Trade Mark 
(Trade Marks Act 2001: Section 157) 
 To: Registrar of Companies and Intellectual Property 
 
1. Registration No Class 
 
2. Registered owner: __________________________________________ 
(Name) 
___________________________________________________________ 
(Address) 
3. Agent 
____________________________________________________________ 
(Name) 
4. Assignee 
____________________________________________________________ 
(Name) 
_____________________________________________________________ 
Address 
 5. The assignee proposes to continue after assignment to apply the same rules governing use of the registered 
certification trade mark that the regi stered owner applies:  Yes   No 
 6. The assignee proposes to apply the followi ng variation of the rules after the assignment 
 
7. A copy of the rules incorporating the proposed variation is attached 
Yes   No 
Date: _______/__________________/_____________ 
Day  Month    Year 
Signature:____________________________________ 
Agent 
 
 
FORM 21 
(Regulation 86) 
Request for Change of Address for Service in the 
Register of Trade Marks 
(Trade Marks Act 2001 : Section 186) 
 
1.  Registration number 
Trade mark number    Class 
 
2.  Full name of Registered Owner or Authorised User currently on Register 
Name: ___________________________________________________ 
Address: _________________________________________________ 
 
3.  New Address to be entered on register 
New Address: _____________________________________________ ________________________________________________________ 
 
4. Agent Name: _______________________________________________ 
Address : ________________________________________________ 
 
5.  Signature    Date 
_________________   _________ / ______/_____ 
Agent     Day           Month   Year  IP/N/1/LCA/T/2 
 Page 53 
 
 
 FORM 22 
 
(Regulation 108 (4)) 
 
Request to enter Change of Name of Registered Owner or Authorised 
User of a Trade Mark in the Register 
 
(Trade Marks Act 2001 : Section 187) 
 
1. Registration Number (s) and Cl ass of the trade marks affected 24 
Registration number    Class 
Registration number    Class 
 2. Is the name to be changed that of the registered proprietor or registered user of the mark(s) above
25 
Registered owner 
Authorised user  
3. Give full name(s) of registered proprietor or registered user at present on the Register 
_________________________________________________  
4. New name to be entered on the Register. 
 5. Certified copy of evidence of change of name is attached 
Yes   No 
 6. Agents details 
 
Name:___________________________________________________ 
Address:_________________________________________________ 
 Signature      Date 
_________________   _________ / ______/_____ 
           Agent     Day          Month   Year  
 
  
 
  
 
  
 
  
 
 
 
  
 
 _____________ 
24 Insert more if needed 
25 Tick appropriate box 
 
 IP/N/1/LCA/T/2 
Page 54  
 
 FORM 23 
 
(Regulation 100) 
 
Request for Extension of Time 
(Trade Marks Act 2001 : Section 195) 
 
To: Registrar of Companies and Intellectual Property 
 
Application number:    Date:  
Class(es): 
 Dear Sir/Madam 
 
An extension of time is requested for ...................... months from ...................... to ............................ .. in respect 
of the above application in order to deal with outstanding  matters. The reason(s) for the request is/are as follows: 
 
Yours faithfully ____________________________________________________________ 
 
For official use only 
To: _________________________________ 
_________________________________ 
_________________________________  
Application Number:    Class(es): 
Applicants name: 
 
Dear Sirs  
Your request for an extension of time has been granted from_______ to _______ 
 Yours faithfully 
 
REGISTRY OF COMPANIES & INTELLECTUAL PROPERTY 
 
........................................ 
REGISTRAR 
 
 
FORM 24 
(Regulation 95) 
 
Request to the Registrar for a st atement of grounds of decision 
(Trade Marks Act 2001) 
 
1. Details of the application or registration Number(s)  Class 
 
2. Date of Registrar’s decision  
3. Agents Details _______________________ 
(Name) 
______ /________/_________ 
DD  MM    YY 
________________________ 
Signature 
  IP/N/1/LCA/T/2 
 Page 55 
 
 
 FORM 25 
 
(Regulation 87 (1)) 
 
Application for an award of costs 
 
(Trade Marks Act 2001 : Section 192) 
 
1. Applicant________________________________________________ 
(Name) 
_____________________________________________________________ 
(Address) 
 2. Application being made for costs in  relation to the following proceedings: 
 
3. Registration number(s) of trade marks to which proceedings relate: ________________________________________________________ 
(Registration number) 
 4. Signature 
 
Dated : _____________ / ___________ / ______ 
Day   Month            Year 
Signature: ________________________________ 
Agent 
 
 
FORM 26 
 
(Regulation 90) 
 
Request for Hearing 
 
(Trade Marks Act 2001) 
 
I/We
26 hereby request a hearing by the Registrar in relation to (the following proceedings 27) in respect of 
Trademark registration number _______________  
 
Agent Details 
____________________________________________ 
(Name) 
____________________________________________ 
(Address) 
Dated : __________ / __________/ _________ 
      DD   MM      YY 
Signature : _______________________________ 
Agent 
 
 
To: Registrar of Companies and Intellectual Property  
 
 _________________________ 
26 Delete as appropriate 
27 Identify proceeding specifically 
 
 IP/N/1/LCA/T/2 
Page 56  
 
 FORM 27 
 
(Regulation 108 (15) ) 
 
CERTIFICATE OF REGISTRATION OF TRADEMARK 
(Trade Marks Act 2001) 
 
Trademark No: 
Date filed: 
Registration renewal Date:  
To: 
 I,    Registrar of Companies and Intellectual Property of Saint Lucia hereby certify that 
the above trade mark/certification trad emark/collective trademark/defensive trademark has been registered in 
your name in respect of the following class (es) and goods and/or services for a period of ten years from the ……………day of………………..,20……. and may be renewed at  the expiration of that period and each 
succeeding period of ten years. 
 Class: 
 
Goods/services:  
                                                        WITNESS my hand this             day of 
Two thousand and 
 
_______________________________ 
Registrar 
     Companies and Intellectual Property 
  
 
FORM 28 
 
(Regulation 108 (16)) 
 
NOTIFICATION OF AMENDMENT 
(Trade Marks Act 2001: Part 8 Division 2) 
 To: 
 
 TAKE NOTICE that the following amendment has been made to Application No. 
Trademark No. 
 Details of Amendment Made 
 
 
 
 Dated this   day of    20 
___________________________ 
Registrar 
        Companies & Intellectual Property 
 
  
  IP/N/1/LCA/T/2 
 Page 57 
 
 
 FORM 29 
 
(Regulation 108 (17) ) 
 
CERTIFICATE OF RENEWAL OF REGISTRATION OF TRADEMARK 
(Trade Marks Act 2001: Section 61 (2)) 
 
 
To: 
  
 
I, Registrar of Companies & Intellectual Property of Saint Lucia, do hereby certify that by virtue of an application 
filed the    day of    20  
Registered Trademark No.  has been renewed for a period of ten years from  day of   20  
 
Next renewal date:  
 
 
WITNESS my hand this              day of 
                               
 Two thousand and 
 
 
_______________________________ 
Registrar 
Companies and Intellectual Property 
 
 
 IP/N/1/LCA/T/2 
Page 58  
 
 FORM 30 
 
(Regulation 108 (19)) 
 
(Trade Marks Act 2001) 
 
REQUEST FOR CERTIFICATE OF THE REGISTRAR IN RELATION 
TO AN ENTRY, MATTER OR THING 
 
IN THE MATTER OF 28 (e.g. an application for change of name) 
 
I/We __________________________________________________ hereby 
(insert name and address) 
 
request the Registrar to furnish me (us) with ________________________ 29 
 
Dated this  day of   20 
 
____________________________________ 30 
Signature 
____________________________________ 31 
Address 
 
 
To: 
The Registrar 
Registry of Companies and Intellectual Property 
Saint Lucia 
 
_______________________ 
28 These words matter be altered to suit other circumstances 
29 Here set out the particulars that th e Director is required to certify 
30 Signature(s) with full names typed below 
31 Address 
 
 
Made this 4th day of February, 2003. 
PETRUS COMPTON, 
Attorney General. 
 
__________ 
 
 