Recent Updates to Local TM Practice in Belize, Bermuda, and St. Vincent
St. Vincent and the Grenadines: Additional Fees Now Required to Obtain Recordal Certificates
As of March 1, 2018, the Commerce & Intellectual Property Office (CIPO) of St. Vincent no longer issues recordal certificates evidencing changes of name, changes of address, and assignments and other transmissions as a matter of course. Instead, the registry sends letters notifying the agents that the recordal was completed and entered on the register of marks.
It is still possible to obtain a certificate of recordal, if desired. It must be explicitly requested and an additional official fee paid.
Belize: Form of Authorisation of Agent Requires Notarization
By way of a written notice dated May 10, 2018, the Belize Intellectual Property Office (BELIPO) announced that all authorisation of agent forms must now be notarized. If notarization is not common in a particular trademark owner’s jurisdiction, then legalization will also be accepted as authentication of the signed document.
Nothing in the Trade Marks Act or related Trade Marks Rules indicates that notarization or legalization of forms is required. Neither the Act or Rules were amended. However, the IPO is granted discretion in many matters and is relying on that discretion to institute the new notarization requirement.
Bermuda: Official Fees Increase by Approximately 5%
On April 1, 2018, the IPO of Bermuda increased the official fees for trademark matters. Generally, the fees were raised by approximately 5% for matters including registration, renewal, and recordal of marks. For example, the fees for registration (including filing, publication, and certificate fees) have increased from $488 to $512. The fees for renewal have increased from $420 to $440 per registration.
Bermuda already has some of the highest fees in the Caribbean region. This increase only makes it more burdensome for trademark owners, especially considering the fact that Bermuda does not have a multi-class registration system.