Geographical Indications Regulations (Cap. 82:78)

MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 14 Chap. 82:78 Geographical Indications SUBSIDIARY LEGISLATION GEOGRAPHICAL INDICATIONS REGULATIONS ARRANGEMENT OF REG ULATIONS REc,m ATION PART I PRELIMINARY 1. Citation. 2. Interpretation . 1 Ppp<; 4. Forms . 5. Language of documents and translations. 6. Indication of name , address , nationality and residence . 7. Signatures by partnerships, companies and associations. 8. Representation by Atto rney-at -law. PAKT JJ REGISTRATION OF GEOGRAPHICAL INDICATIONS 9. Application for registration. 10. Withdrawal of application. 11. Marking application. 12. Objection to or conditional acceptance of application; hearing. 13. Refusal of application or conditional acceptance to which applicant objects. 14. Acceptance of application; publication for opposition. 15. Opposition. 16. Registrat ion, public ation of reference thereto; issuance of certificate. 17. Cancellation or rectification of registration . 18. P ublica tion . PART III SPECIAL PROVISIONS CONCERNING MARKS 19. Refusal or invalidation of registration of misleading marks. 20. Refusal or invalidation of registration of a mark conflicting with a geographical indicat ion for w ines and spirits . 21. Publication of invalidation of registration of mark. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www. legalaffairs.gov.tt Geographical Indications Geographical I ndicauons Regulations REGl1LAll0N PART IV GENERAL Chap. 82:78 15 [Subsld.1ary] 22. Address for service. 23 . Ex cluded days. 24. Consultation of Register, request for extracts therefrom and for copies of documents. 25. Entries of" changes in the Register. 26 . Corrections of errors. 27. Extension of time. 28. Hearing. 29. Service by mail. 30. Directions as to furnishing of documents. 31. Corrections of irregularities. 32. Dispensation by the Controller . 33. Hours of business. 34. Evidence. 35. Statutory declaratio ns and affiduvits. SCHEDULE I. SCHEDULE II. LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 16 [Subsld.1ary] Chap. 82:78 Geographical Indications 191/1996. GEOGRAPHICAL INDICATIONS REGULATIONS made under section 20 PART I PRELIM INA RY Citatio n. 1. These Regulations may be cited as the Geographical Indications Regulations. Inte rpretation. 2. In these Regulations, unless the con text otherwise requircs -> "periodical" has the same meaning assigned to it by section 2 of o, SV 6. the Patents Act; "section" refers to the specified section of the Act. l-ees. 3. The fees to be paid in respect of matters arising under the Act or these Regulations shall be those specified in the Schedule Schedule I. of Fees in Schedule I. Perms. 4. (I) The forms referred to in these Regula tions are those Schedule II. s~t out in Schedule Tl. (2) A requirement under these Regulations to use such a form is satisfied by the use either of a replica of that form or of a form whic h is ac ceptable to the Co ntro ller and contains the information req uired by the corresponding form set out in that Schedule. Language of documents and translations . Indi cation of name, address, nationality and residence . S. Applications shall be in the English language, and any document forming part of an application or submitted to the Controller pursuant to the Act or these Regulations and which is in a language other than English shall be accompanied by an English translation verified by the translator that the translation is to the best of his knowledge complete and faithful. 6. (I ) Names of natural persons shall be indicated by the person's family name and given name or names, the family name being indicated before the given names, and the names of legal entities shall be indicated by their full, official designations. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www. legalaffairs.gov.tt Geographical Indications Geographical Indicauons Regulations Chap. 82:78 17 [Subsld.1ary] (2) Addresses shall be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address and, in any case, shall consist of all the relevant administrative units , including the house number, if any, and addresses shall also indicate any telegraphic and telex addresses and facsimile and telephone numbers. (3) Nationality shall be indicated by the name of the State of which a person is a nation al and legal entities shall indicate the name of the State under whose laws they are constituted and their Registered Office. (~) Residence shall be indicated by the name of the State of which a person is a resident. 7. (I) A document purporting to be signed for or on behalf Signature,sby f hi h II in th f II h ' f II "", ",0" 1,,",,o a partners lp s a contain t e names 0 ate partners In U companies and and shall be signed by all the patties or by any partner qualified to associations, sign, stating that he signs on behalf of the partnership, or by any other person who satisfies the Controller that he is authorised to sign the document. (2) A document purporting to be signed for or on behalf of a body corporate shall be signed by a Director or by the Secretary or other principal officer of the body corporate, or by any other person who satisfies the Controller that he is authorised to sign the document. (3) A document purporting to be signed for or on behalf of an association or persons may be signed by any person who satisfies the Controller that he is duly authorised. 8. (I ) The appointment of an Attorney-at-law shall be by an Representation h ' ion of hi h h II b ' db h I' 'f by Attorney-at-au t orisation 0 agent W 10 S a e slgne y t e app want or, 1 law. there are more than one, by each applicant. (2) The authorisation of agent appointing an Attorney at-law Inay be filed together with the application or within two months from its filing date and if the appointment is not thus made and is not in accordance with section 8(3) and subregulation (I) any procedura l steps taken by the agent , other than the filing of the application, shall be deemed not to have been taken. LR D , I/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 18 [Subsld.1ary] Chap. 82:78 Geographical Indications Geographical Indications Regulations PART II Application for registratio n. Withdrawal of application. Marking application. REGISTRATION OF GEOGRAPHICAL INDICATIONS 9. The application for the registration of a geographical indication shall he made on Form NO.1 and shall he signed hy the applicant or authorised agent. 10. (I) The application may be withdrawn in writing to the Controller and signed by each applicant or authorised agent. (2) T he application fee shall not be refunded if the application is withdrawn. II. (I) Upon receipt, the Controller shall mark on each doc ument making up the application, the actual date of receipt and the upplicatiuu number consisting uf the leueis TT, slant, the leuei s GI, slant, the numbers of the year in which the initia l papers were received, slant, and a number allotted in the sequential order in which applications arc received and where any corrections or other Inter filed documents are received on different dates , the Controller shall also mark their actual date of receipt in the appropriate place of the request for reg istration of the geographical indication. (2) The application number subregulation (I) shall be quo ted in co mmunic a tions coucem ing the application. allotted under all subsequent Objection to or conditional acceptance of application: hearing. 12. (I) If, upon examination in accordance with section 10(1), the Controller objects to the application for registration of a geographical indication, he shall notify the applicant in writing of his objections with all the relevant details and invite the applicant to amend the application, to subm it his observations in writing or to apply for a hearing within two months from the date of the notification and if the applicant does not comply with the invitation within the set period, he shall be deemed to have withdrawn his application. (2) If, upon exam ination in accordance with section 10(1), th e Controller de cides to accept th e application subjec t to amendments, modifications, conditions or limitations he shall communicate the decision to the applicant in writing. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www. legalaffairs.gov.tt Geographical Indications Geographical Indicauons Regulations Chap. 82:78 19 [Su bsld.1ary] (3) If the applicant objects to the amendments, modifications , conditions or limitations , he shall, within two months from the date of the communication, request a hearing or submit his observations in writing . (4) It the applicant does not object to such amendments, modifications, conditions , or limitations, he shall notify the Controller in writing and amend his application accordingly. (5) If the applicant does not respond in one way or the other within the set period, he shall be deemed to have withdrawn his application. (6) The request for a hearing, which shall be accompanied by the prescribed fee, shall be made in writing to the Controller who, upon receivin g the same, shall give the applicant at least one month's notice in writing of the date and time when he may be heard. 13. ( I) If, after a hearing or after consideration of the applicant's amendments or observations in writing, the Controller refuses the application or accepts it subject to any amendments, modifications, conditions or limitations to which the applicant objects , he shall communicate his decision to the applicant in writing. (2) The applicant may, within one month from the date of such communication, lIpon payment of the prescribed fee , request the Controller to state in writing the grounds of his decision and the material used by him in arriving thereat. 14. (I) If the Controller accepts the application unconditionally or accepts it subject to any conditions or limitations to which the applicant does not object, he shall so notify the applicant, requesting him to pay the publication fee within one month from the date of the notification. (2) If the publication fee referred to in subregu lation (I) is paid within the time limit prescribed, the Controller shall proceed to publish the application setting out (a) the geographical indication for which registration is sought; UPDATED TO DECEMBER 31ST 2009 Refusal of application or conditional acceptance to which applicant obje cts. Acceptance of application: pu blica tion for opposition. LRD.l/2006 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt 20 [Subsld.1ary] Chap. 82:78 Geographical Indications Geographical Indications Regulations Oppositio n. (h) the name, address and nationality of the natural person or legal entity filing the application, and the capacity in which the applicant is applying for registration ; (c) the name and address of the agent, if any; (d) the address for service if an agent has not been appointed in accordance with section 8(3) and regulation 8; (e) the demarcation of the geographical area to which the geographical indication applies; (f) the goods for which the geographical indication is used; (g) the quality, reputation or other characteristic of the goods for which the geographical indication is used, and any conditions under which the indication may be used; (h ) the filing date and number of the application . (3) If the publication fee referred to in subregulation (I) is not paid within the time limit prescribed, the application shall be considered withdrawn. 15. (I) The notice of opposition, under section 10(2)(h) shall be given within three months from the date of the publication referred to in regulation 14(2), on Form No.2, together with payment of the prescribed fee and accompanied by supporting evidence, if any. (2) The counter-statement referred to in section 1O(2)(c) shall be sub ject to payment of the prescribed fee and shall be given within three months from the date the notice of opposition is sent to the applicant and shall be in writing , stating the grounds upon which the applicant relies for his application and accompanied by supporting evidence, if any. (3) The request for a hearing under section 10(2)(d) shall be made to the Controller in writing at any time after the filing of the notice of opposition but not later than one month after the expiry UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRV OF LEGAL AFFAIRS www. legalaffairs.gov.tt Geographical Indications Geographical Indicauons Regulations Chap. 82:78 2 1 [Subsld.1ary] of the prescribed period for filing the counter-statement, and the Controller shall give the parties at least one month's written notice of the date set for the hearing, and each party shall , within that period pay the prescribed fee for the hearing. (4) Where the opponent or the applicant does not reside or carryon business in Trinidad and Toba go, the Controller may require him to give security for the costs of the opposition proceedings for such amount as the Controller thinks fit. (5) Where th e C ontrolle r decide s to reg is te r the geographical indication. as provided in section 10(3) . he shall notify the opponent, if any, and the applicant in writing stating the reasons for his decision and, in the case of the applicant, requesting him to pay the registration fee within one mon th from the date of the notification. (6) Where the Controller decides to refuse to register the geographical indication, as provided in section 10(3), he shall notify the opponent and the applicant in writing, statin g the reasons for his decision. 16. (I) Subject to the payment of the registration fee Reg'.",,"'.OO, ithi h iod ib d ' I' 15(5) h C II public ation ofWit III t e peno prescn e III regu anon , t e ontro er reference h II . h hi I' d i .. d . h thereto: issuanc es a regrster t e geogr ap lea In rcatron In accor ance WIt of certif icate. section 10(3) and this regu lation. (2) The registration of the geographical indication shall inc lude (a ) the geographical indication registered; (b) the demarcation of the geographical area to which the geographical indication applies ; (c) the name and address of the natural person or legal entity in which name the indication is registered; (d) the name and address of the agent, if any; (e) the address for service if an agent has not been appo inted in accordance with section 8(3) and regulation 8; LRD,I/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt 22 [Subsld.1ary] Chap. 82:78 Geographical Indications Geographical IndicationsRegulations Cancellation or rectification of re gi stration. (f) the goods for which the geographical indication is used; (g) the quality, reputation or other characteristic of the goods for which the geographical indication is used and any conditions under wh ich the indication may be used; and (h) the filing date and number of the application as well as the date of registration. (3) The publication of the reference to the registration of a geographical indication shall contain the particulars specified in subregu lation (2). (4) The certificate of registration of the geographical indication shall be issued on Form N o. 3. 17. (I) The publication referred to in section 12(2)(h) shall (a) identify the geographical indication by setting out the particulars referred to in regulation 16(2); (h) identify the person or authority which has applied for the cancell at ion or rectification of the registration of the geographical indication by setting out the name and address of the person or authority and of the representative or agent, if any; and (e) specify the period within which the persons having the right to use the geographical indication under section 11 may apply to join in the proceedings. (2) The period to be specified by the Court under section 12(3) shall not be less than one month from the date of the notice or publication, as the case may be. (3) Where the Co urt notifies the Controller LI nder section 12(4), that a decision has been taken to cancel or recti fy the registration of the geographical indication, the Controller sha ll, ;1, the ~:l ,f': m:lY he , ca ncel th e regivtrat inn or recti fy it in accordance with and in the manner specified in the Court's decision. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Geographical Indications Geographical Indicauons Regulations Chap. 82:78 23 [Subsld.1ary] (4) The publication, under section 12(4), of the reference to the cancellation or rectification of the registration of a geographical indication shall (a ) identify the geographi cal indication by setting out the particulars referred to III regulation 16(2); (h) indicate that the registration of the geographical indication has been cancelled or rectified, as the case may be, and, if rectified, specify the manner in which the registration has been so rectified; and (c) cite the Court decision by which the registration of the geographical indication has been cancelled or rectified. 18. Particulars of geographical indications and other Publication. proceedings under the Act and any other information required to be published under the Act orthese Regulations shall be publi shed, in accordance with the dire ction of the Controller, in at least one periodical. PART III SPECIAL PROVISIONS CONCERNING MARKS 19. (L) The request, under section 17, to refu se or to invalidate the registration of a misleading mark shall be made on Form No .4 and shall be subject to the payment of the prescribed fee and the procedure set out in regulation 15 shall apply mutatis mutandis. (2) Where the Controller on his own motion decides to refuse or invalidate the registration of a mark pursuant to section 17, he shall , in writing, so notify the registered proprietor of the mark, stating the reasons for his decision and giving him at least one month to submit a counter-statem ent and to request a hearing. (3) If a hearing is requested, the Controller shall give the registered proprietor at least one month's written notice of the date set for the hearing, and the registered proprietor shall , within that period, pay the prescribed fee for the hearing. UPDATED TO DECEMBER 31ST 2009 Refusnl or invalidation of registration of misleading marks. LR D . l /2006 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 24 [Subsld.1ary] Chap. 82:78 Geographical Indications Geographical Indications Regulations Refusal or invalidation of registration of a mark conflicting with a geographical indication for wines and splrt ts . Publication of invalidation of registration of mark. (4) The Controller shall notify the registered proprietor in writing of his final decision, stating the reasons therefor. 20. (I) The request , under section 18, to refuse or to invalidate the registration of a mark which conflicts with a geographical indication for wines and spirits shall be made on Form No.5 and shall be subject to the payment of a prescribed fee and the procedure set out in regulation 15 shall apply mutatis mutandis. (2) Where the Controller on his own motion decides to refuse or invalidate the registration of a mark pursuant to section 18, he shall, in writing, so notify the registered proprietor of the mark stating the reasons for his decis ion and giving him at least one month to submit a counter-statement and to request a hearing. (3) If a hearing is requested the Controller shall give the registered proprietor at least one month 's written notice of the date set for the hearing and the registered proprie tor shall within that period pay the prescribed fee for the hearing. (4) The Controller shall notify the registered proprietor in writing of his final decision stating the reasons therefor. 21. (I) The Con troller shall record and publish a reference to the invalidation of the registration of a mark pursuant to section 17 or 18. (2) The publication of the reference to the invalidation of the registration of the mark pursuant to section 17 or 18 shall include (a) the represen tation of the mark; (h) the registration number of the mark ; (c) the name and address of the registered proprietor; (d ) the date of registration; (e) the list of goods and services in respect of which the mark was registered with an indication of the corresponding class or classes of the International Classification; and (/) an indication of the grounds on which the registration of the mark has been invalidated. UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www. legalaffairs.gov.tt Geographical Indications Geographical Indicauons Regulations PART IV GENERAL Chap. 82:78 25 [Su b sld.1ary] 22. (I) There shall be fumished to the Controller (a) by every app licant for the registration of a geographical indication, an address for service in Trinidad and Tobago for the purpose of his application ; and (h) by every person including the applicant for, or the owner of, a geographical indication, as the case may be concerned in any proceedings to which any of these Regulations relate , an address for service in Trinidad and Tobago, and the address so furnished or, where another addres s being an address in Trinidad and Tobago has been furnished in place thereof, that address shall be treated for the purposes of that application or those proceedings, as appropriate, as the address of that applicant or, as the case may be, of that person . (2) Where all agent has been appointed in accordance with section 8(3) and regulation 8, the address of the agent shall, for all purposes connected with the Act and these Regulations , be treated as the ad dress to which conuu unic ations to the person or persons who appointed the agent shall be transmitted. 23. When the last day for doing any act or taking any proceeding falls on a day when the Intellectual Property Office is not open to the public for business, it shall be lawful to do the act or to take the proceeding on the day when the Intellectual Property Office is next open for business. 24. Cons ultation of the Register shall be subject to payment of the prescribed fee and requests for certified copies of extracts from the Register or for copies of documents shall be made to the Controller in writing and shall be subject to payment of the prescribed fee. UPDATED TO DECEMBER 31ST 2009 Address for service. Excluded dnys. Consultatio n of Reg ister, request for ext racts therefrom and for copies of documents. LR D . l /2006 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 26 [Subsld.1ary] Chap. 82:78 Geographical Indications Geographical Indications Regulations Entries of changes in the Reglsrer. Correct ions of errors. Extension of time. Hearing. Service by mail. 25. The Controller shall cause to be entered in the Register in respect of eve ry ge ographical indication in addition to the information indicated in regulation 16(2), any change with respect to such information in particular in the name , or address , or address for service indicated therein . 26. Corrections of errors, referred to in section 14(1), may be made by the Controller either upon rece ipt of a request in writing and subject to such terms as he may consider appropriate, or on his own initiative and any correction shall be communicated in writing to all interested pers ons and where considered necessary shall be published by the Controller. 27. Th e req ues t for an extension of time, re ferred to in section 14(2), shall be subject to the payment of the prescribed fcc. 28. (I) Before exercising adversely to an y perso n any discretionary power given to the Controller by the Act or these Regulations, the Controller shall notify such person, in writing, of the opportunity to be heard thereon, and indicating a time limit, which shall not be less than one month , for filing a request for a hearing. (2) The request for a hearing shall be in writing and shall be subject to payment of the prescribed fee . (3) Upon rece iving such request, the Controller shall give the person applying, and any other interested persons at least one month 's notice, in writing, of the date and time of the hearing. (4) After hearing the party or parties desiring to be heard, the Controller shall decide the matter and shall notify all parti es of this decision and if any party so desires shall give his reason for the decision. 29. Any notice , application or other document sent to the Controller by mail shall be deemed to have been given, made 01" filed at the time when it would be delivered in the ordinary course of the mail and in proving such sending, it shall be sufficient to prove that the letter containing such notice, application or other document was properly addressed and sent by registered mail . UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www. legalaffairs.gov.tt Geographical Indications Geographical I ndicauons Regulations Chap. 82:78 27 [Subsld.1ary] 30. At any stage of any proceedings before the Controller, he may direet that sueh documents, information or evidence as he may require be furnished within such period of time as he may fix. 31. Any irregulari ty in "ny procedure befo re the Controller may be rectified, on such terms as he may direct. 32. Where, under these Regulations , any person is to do any act or thing or any document or evidence is required to be prod uced or filed and it is shown to the satisfaction of the Controller that from any reasonable cause that person is unable to do that act or thing or that that document or evidence cannot be produced or filed, the Controller may, upon the production of such evidence and subject to such terms as he thinks fit, dispense with the doing of any such act or thing, or the production or filing of such document or evidence. 33. The Intellectual Property Office shall be open to the public from Monday to Friday inclusive, each week, between the hours of 9.00 a.m. and 4.00 p.m ., for all classes of business. 34. (I) Where under these Regulations evidence may be filed, it shall be by statutory declaration or affidavit. (2) The Controller may, if he thinks fit in any particular case, take oral evidence in lieu of or in addition to such evidence and shall allow any witness to be cross-examined on his affidavit or declaration. 35. (I) Any statutory declaration or affidavit filed under the Act 01 these Regulations shall be made be fore any officer authorised by law in any part of Trinidad and Tobago to administer an oath for the purpose of any legal proceedings. (2) Statutory declarations or affidavits made outside Trinidad and Tobago shall be made before a Consul or Notary Public. UPDATED TO DECEMBER 31ST 2009 Directions as to furnishing of documents. Corrections of irregularities. Dispensation by The Controller. Hours at business. Evidence. Statutory declarations and amoavrrs. LRD.l/2006 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 28 [Subsld.1ary] (Regu lation 3). Chap. 82:78 Geographical Indications Geographical Indications Regulations SCHEDULE I FEES MATTER OR PROCEEDING AMOUNT OF FEE I. Applica tion for regis tration of $500.00 geographical indi cati on ISect ions SCI ) and 9: Regulation 91 FORM Form No. 2. Request for hearing [Section s Ion) and (2 )(d), 17, 18: Reg uiations I2(3) , 15(3). 19(2), 20(2), 28(211 .3. kequestro meController TO STare Inwrtnng grounds of decision to refu se appli cation or to accept it subject to condit ions [Section Iur'l ): Regulationl 31 4. Pu bucauo n tee lSecnon JU(2)( a): ReguiationJ4CJII 5. No tice of opposition to regis tra tion of geographical indication rSection lO(2)(lJ): Regulation IS(l II 6. Counter-statement to notice of opposition [Section 10(2)(c): Regu lation 15(2)1 7. Re gi st ra ti on Fee [Se cti on 10 (3) : Regulation 15(5)1 8. Re ques t to re fuse or to inv alidate the registration of a misleading mark [Section f Z: Reguiationl 9Clll 9. Requ e st to refu se or to invalidate the registration of a mark which conflicts with a geographical indication for wines and spirits [Section Ix: Regulation 20Cl)1 10. Consultation of Register (for every quarter of an hour or part thereof ) (Regulatio n 24) II. Request fur certified copies of extracts from Register or for copies of documents (per page ) (Regu lation 24) I ? R "'111.." t f n r r-nrr.. Min n nf .. rrnr [Section larl ):Regulation 261 13. Request for extension of time [Section Iatzj: Regulation 271 $ 100.00 $."i0.00 :j; .':llH1U plus tee paya ble to publisher $100.00 $100 .00 $2,500 .00 $250 .00 $250.00 $20.00 $5.00 per printed page and $20 .00 to certify $ 150.00 Form NO.4 Form No.5 UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www. legalaffairs.gov.tt Geographical Indications Geographical I ndi cauons Regula tio ns SCHEDULE II FORM 1 Chap. 82:78 29 [Subsld.1ary] (Regulation 4) . INTELLECTUAL PROPERTY OFFICE. TRINIDAD AND TOBAGO For Offic ial Usc Form No. 1 (Re gulation 9 ) GEOGRAPIllCAL INDICATIONS ACT APPLICATION FOR REGISTRATION OF GEOGRAPIITCAL INDICATION To: The Controlle r Intellectual Property Office Date of Receipt by Intellectual Property Office: APPLICATION No. (O ffice's Stamp) Fees received on: Applicant' s or Attorney 's File Reference: TIfE APPLICANT(S) REQUEST(S) TIfE REGIS TRATION OF A GEOGRAPIllCAL INDI CATION IN RESPECT OF TIfE FOLLOWING PARTICULARS: I. APPLICANT(S )' Additional intormation is contained in suppleme ntal bo x D Narnc(s): Addrcssfcs) : Nationality : Country ofresidence or pnncrpal place ot busmcss: Capacity in which Applicant is app lying for reg istra tion: Tel. No.: Telegraphic Address: Telex No.: Fax No.: *The data concerning each applicant must appear in this box or, if the space is insufficient, in the supp lementa l box. (Form No. I. firstpa ge) LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 30 [Subsld.1ary] Chap. 82:78 Geographical Indications Geographical Indications Regulations FORM 1- Continued Address for serv ice in Trini dad and Tobago* : II. ATTORNEY-AT-LAW The following Attorney-at-law has been appointed by the applicant(s) in the Author isation of Agen t: D accompany ing thi s Form D to be filed within two mo nths from the filing of the application for reg istra tion [R c.gulatiou 8(2)] Name: Addrcaa: Tcl.No.: Teleg raphic Addres s : Telex No.: Fax No.: m GEOGRAPIllCAL INDICATION The geographical indication for which registration is sought is the following: IV GEOGRAPIllCAL AREA The following is the demarcation of the territo ry of the country, or region , or localit y in that territory. to which the geog raphical indi cation applies. and from which the go ode for which the ge ogra phica l indication iii used ori ginate: Additional information, possible in graphic torm, maps, ctc., D accornpanlcs this Form D is contained in the supp lemental box *Where an Attorney-at-law has been appointed, the address of the Attomey-ut-law shall be treated as the address to which any communication shall be t ransmitt ed [Regulation 22(2)1. (Form No. I . second page) UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www. legalaffairs.gov.tt Geographical Indications Geographical I ndicauons Regulations Chap. 82:78 31 [Subsld.1ary] V. GOODS The goods for which the ge ograp hical indication is used arc the following' VI. QUALITY. REPUTATION OR OTHER CHARACTERISTICS The quality , reputation or other character istics of the goods for which the geographical indication is used. and any conditions under which the indicatiion may be used , arc the following: D Additional information is contained in the supplemental box D Addi tiona l inform ati on acc om pa nies thi s Form VII. FEES accompany this FOTIn D VIII. SUPPLEMENTAL BOX' * U se this box if any of the box es is not larg e e nough to cont ain informa tion to be furnished . Indicate the boxes continue d in this box by their Roman numerals and tit le [e .g., "II . APPLICANT(S ) (continued)"] . (Form No .1. third (JQRe) LR D . l /2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 32 [Subsld.1ary] Chap. 82:78 Geographical Indications Geographical Indications Regulations FORM 1-Continued VIII. SUPPLEMENTAL BOX' (Continued) IX. SIGNATURE(S) . [Applicantfsj/f] . (1) 11/,,) TO BE FILLED IN BY THE CONTROLLER Date of receipt of corrections and later filed papers completing the application: *Use th is box if an y of the boxes is not large e nough to co ntai n inf orma tion to be furn ishe d. Ind icate the boxes cont inue d in this box by their Roman numerals and tit le Ie.g., "II . AP PLICA NT(S ycon li nued)" I. I Type namet sj under stgnaturerst. The typed names and signatures of all applicants should appear (one below the other). (Form No. l .founn and las! page). UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Geographical Indications Geographical I ndicauons Regula tio ns FORM 2 Chap. 82:78 33 [Subsld.1ary] INTELLECTUAL PROPERTY OFFICE. TRINIDAD AND TOBAGO For Official Usc Form NO.2 [Regulation IS( I)J GEOGRAPIllCAL INDIC ATIONS ACT Notice of opposition received on: NOTICE OF OPPOSITION To: The Controller Fees rece ived on: Intelle ctual Property GUice Applicant's or Attorney's File Reference: I. IN TIlE MATTER OF: Application No. .................. for Registration of Geographical Indication Filing Date of Application: Published in the periodical of the .................dayof ......................... 20 ......... No. ........., page. II. OPPONENTeS)*' Namc(s): Addrcssrcs}: Additional information is contained in the supplementary box D A lhl n ;1'l1'l hJl 1'\\.;1 vicc ill T rinidad aud TuLagu' *If there is more than one person or competent authority, together, opposing the registration of the geograph ical morcanon, the data concerr ung each opponent must appear In tfus box or, It the space is not suffic ient, in the supplementary box. [Where an Attorney-at-law has been appointed , the address of the Attorney-at-law shall be treated as the address to which communication shall be transmitted [Regulation 22(2)1. (Form No.2. firstpage) LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 34 [Subsld.1ary] Chap. 82:78 Geographical Indications Geographical Indications Regulations FORM 2-Continued III. GROUNDS FOR OPPOSITION : The Grounds for oppo sition arc as follows: Additional inform ation is contained in the supplemental box D Supporting evidence accompanies this POTIn D IV. ATTORNEY-AT-LAW T he': foll owi ng Attorney-a t-law has hcc n ap poi nted hy the applir-a nt in the': Authorisation of Agent: D accompanying this POTIn Name: Address: Tel. No.: Telegraphic Address: Telex No.: Fax No.: V. FEES accompany this Form D VI STTPPLFMFNTAL BOX' *U se th is box if an y of the boxes are not lar ge enough to cont ain information to be furn ished . Indi cate the boxes cont inued in this box by their Ro man num eral s and t it le [e .g., "II . OPPONENTeS) (continuedI''] . (Form No.2. second page) UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www. legalaffairs.gov.tt Geographical Indications Geographical Indicauons Regulations VT STJPPT.E~1FNTAT. RO X * (rn ntinlU>d) Chap. 82:78 35 [Subsld.1ary] VII. SIGNATURE(S) [OpponcntfsjAttomcyt]. (Ow e) * U nc thi n box if any of the boxes nrc not largo enou gh to contain information to be furnished . Indicate the boxes continued in this box by their Roman numerals and title [c.g .. "II. OPPONENT(S) (continued)"]. j- Type namc(s) under signature and delete whichever docs not app ly. The typed names and signatures of all opponents should appear (one below the other) . (Forni Nn 2, thi rd an d 1£1\"t fwg(~) LR D. l /2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 36 [Subsld.1ary] Chap. 82:78 Geographical Indications Geographical Indications Regulations FORM 3 INTELLECTUAL PROPERTY OFFICE. TRINIDAD AND TOBAGO FOTIn No.3 GDOGR APmC AL INDIC ATIONS ACT CERTIF1CATE OF REGISTRATION OF GEOGRAPHICAL INDICATION In accordance with section 10(3) and regulation 16(4), it is hereby certified that a geographica l indi cation having the Registration No has been registered in the namc(s) of: Namc(s): Addrcssfcs): on: in respect of a geographical indication registered pursuant (Dale) to an application filed on: being a geographical indication used for: and which applies to: (geographical are a) A description of the quality , reputation or other characteristic of the goods for which the geographica l indic ation is used and any conditions under which the indic ation may be used accompanies this certificate. Date : . Controller (Form No.3. only page). UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Geographical Indications Geographical I ndi cauons Regula tio ns FORM 4 Chap. 82:78 37 [Subsld.1ary] INTELLECTUAL PROPERTY OFFICE. TRINIDAD AND TOBAGO For Official Usc FOTIn No.4 (Regulation 19) GEOGRAPIflCAL INDICATIONS ACT Reques t received on: REQUEST TO REFUSE OR INVALIDATE REGISTRATION OF MISLEADING MARK Fees received on: To: The Controller Intellectual Prop erty GUice App licant's or Attorney 's rile Reference: I. IN THE MATTER OF: Application for Registration/Registration No. *' Filing/Registration *' of Mark: Date : Application/Reg istration" Published in the periodical (No.) (Page) (Date) II. APPLICANT(S)';' Name(s) : Address( es) : Additional inform ation is cont ained in the supplemental box D Address for service in Trinidad and Tobago.f *Delete whichever does not apply. "j-If the re is more than one person or competent authori ty, toget her, requ estin g the refusal or Invallda tlon orme reglsrrarlon of T11e Trademark, The dam concerning each appli cant mUSTappea r in this box or, if the space is not sufficient, in the supplemental box. :]:Where an Attorney-at-law has been appointed, the address of the Attorney-at-law shall be treated :10: thp :Hldrpo:o: tn whir-h r-rrmmu nir-atirm o:h:ll1 ht> tr:mo:m ittpd ["R pelll:J tinn ))(? )1 (Form No.4. firstpa ge) LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www. legalaffairs.gov.tt 38 [Subsld.1ary] Chap. 82:78 Geographical Indications Geographical Indications Regulations FORM 4-Continued III. GROUNDS FOR REQUEST: The Grounds for request to refuse or to invalidate the registration of the above identified mark arc as follows: Additional information is contained in the supplemental box D Supporting evidence accompanies this FOTIn D IV. ATTORNEY-AT-LAW T he': foll owi ng Attorney-a t -law has hccn appoin te d hy the': applirant in the': Authorisation of Agent: D accompanying this POTIn Name: Address: Tel. No.: Telegraphic Address: Telex No.: Fax No.: V. FEES accompanying this Form D VT STTPPLFMFNTAL BOX' *Use this box if an y of th e boxes are not lar ge enough to contain information to be furnished. Indicate the boxe s continued in this box by their Ro man numeral s and tit le [e .g ., "II . APPLICANT(S) (continu ed )"] . (Form No.4. second page) UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www. legalaffairs.gov.tt Geographical Indications Geographical I ndi cauons Regulations VT STJPPT .E~1FNTAT. RO X * (rnntinlU>d) Chap. 82:78 39 [Subsld.1ary] VII. SIGN ATURE(S) . [ApplicanusjAttomcyt] . (Owe) * U :IC th i:l box if lin)' of the bOXC:1 lITC n ot hlTg e eno ugh to co nt uin in forrn ut ion to be furni shed . Indi cate the boxes cont inued in this box by the ir Roman numerals and tit le [e. g., "II . APPLICAN'T(Sj (conti nuedj''] . [Type name(s) under signature and delete whichever does not apply. The typed names and signatures of all applicants should appear (one below the other) . (Farm N{). 4. third lind Im l fJIIg 1') LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt 40 [Subsld.1ary] Chap. 82:78 Geographical Indications Geographical Indications Regulations FORM 5 INTELLECTUAL PROPERTY OFFICE. TRINIDAD AND TOBAGO For Otf icial Usc FOTIn No.5 (Regulation 20) GEOGRAPIllCAL INDICATIONS ACT Request rccicvcd on: REQUEST TO REFUSE OR INVALIDATE Fees received on: REGISTRATION OF A MARK CONFLICTING WITI! A GEOGRAPIllCAL INDICATION FOR WINES AND SPIRITS To: The Controller Applic.ants or Attornc.y's Intellectual Property GUice File Referenc e: I. IN THE MATT ER OF: Application for Re gistration/Registration No .*' Filing/Re gistration *' of Mark: Date : App licationlRcgistration* Pub lished in the periodical: (No.) (page) (Date) TT APPT Jf" ANT(S)-; Naroc(s): Addrcss(cs): Additional inform atio n is contained in the supplemental box D Address for service in Trinidad and Tobagof: *Delete whichever does not apply. j-If there is more than one person or competent authority, toget her, requesting the refusal or invalidation of the registration of the trademark . the data concerning. each applicant must appear in this box or, if the space is not sufficient, in the supplemental box. :]:Where an Attorney-at-law has been appointed, the address of the Attorney-at-law shall be treated as the address to which communication shall be transmitted [Regulation 22(2 )1 . (Form No. 5.firsl page). UPDATED TO DECEMBER 31ST 2009 LAWS OF TJUNlDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www. legalaffairs.gov.tt Geographical Indications Geographical I ndicauons Regulations FORM 5-Continued Chap. 82:78 41 [Subsld.1ary] III. GROUNDS FOR RE QUEST: The ground s for request to refuse or to invalidate the registrat ion of the above identified mark arc as fol lows: Additional information is contained in the supplemental box D Supporting ev idence accompanies this form D IV. ATTORNEY-AT-LAW T hC': toll nwin g Attorney-a t-law h as hccn ap poin ted hy IhC': ap pli ca nt in the Authorisation of Agent: D accompanying this POTIn Name: Address: Tel. No.: Telegraphic Address: Telex No.: Fax No.: v. FEES accompanying this FOrnI D VT STTPPT.F.MF.NTAT. BOX' *U se this box if any of the boxes are not lar ge enough to co ntain information to be furn ished. Ind icate the boxes cont inued in th is box by their Ro man num erals and title [e .g ., "II . APPLICANT(S ) (continue d) "]. (Form No.5. second page) LRD.l/2006 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TJUNlDAD AND TOBAGO www.legalaffairs.gov.tt 42 [Subsld.1ary] Chap. 82:78 Geographical Indications Geographical Indications Regulations FORM 5-Continued VI. SUPPLEMENTAL BOX*' (Continued) VII. SIGNATURE(S) . [Applicant/sj .Attomc yt] . (Dale) *Use this box if any of the boxes are not large enough to contain information to be furnished . Indi cu t c the bOXC :1 co nt in ue d in th in box b y the ir Ro m un nu m c rula lind t it le [e.g., "II. APPLICANTCS) (continued)"]. [T ype narrets j under signature and delete whichever does not apply. The typed names and signatures of all applicants should appear (one below the other). (Form No.5. third and last page) UPDATED TO DECEMBER 31ST 2009