Some Renewal Dates Accelerated to 1 March 2017 in Antigua & Barbuda

The transitional provisions of Antigua’s Trade Marks Act 2003 (“2003 Act”) will shorten the life of some marks and require renewal by 1 March 2017, regardless of the renewal period in effect at the mark’s grant or last renewal. Mark owners should evaluate their portfolio to determine if they need to take action before March. Potentially affected marks were applied for or last renewed between March 2003 and February 2007. Marks applied for or last renewed in March 2007 or beyond should already be governed by the 2003 Act’s ten-year renewal deadline.
 
The Trade Marks Act 2003 entered into force on 1 March 2007. The 2003 Act replaced two previous acts (one concerning U.K. mark extensions and one concerning local registrations) (collectively, the “Prior Acts”). The 2003 Act preserved marks registered under the Prior Acts but accelerated the next renewal deadline for some of the preserved marks. Previous certificates of registration or renewal may not reflect an accurate renewal date.
 
Pursuant to Section 27 of the 2003 Act, all trademarks registered under one of the Prior Acts must be renewed, at the latest, by 1 March 2017. Consequently, marks registered or renewed under one of the Prior Acts between 2 March 2003 and 28 February 2007 may be due for renewal earlier than previously anticipated. Because the application date governs the renewal date in Antigua & Barbuda, the registrations affected include marks applied for when the Prior Acts were in force but granted after the 2003 Act came into force in 2007.
 
The 2003 Act also provides a six-month grace period for late payment of renewal fees. Renewals of marks originally granted under the Prior Acts will be reclassified according to the Nice Classification system upon renewal.
 
In our experience, the registrar has not applied the transitional provisions consistently for all marks renewed during the period noted above. Thus, it is our advice that all owners of any mark first registered or last renewed between March 2003 and February 2007 apply for renewal by 1 March 2017 and allow the registry to either accept the renewal application or explicitly state that the mark is not yet due for renewal.
 
We are pleased to assist with any inquiries regarding potentially affected marks. Please contact Katherine at katherine@caribbean-ip.com or Patrick at patrick@caribbean-ip.com or call us at +1(561) 283-1800 if you have further questions.