WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO IP/N/1/TTO/T/l 
30 March 2000 
Council for Trade-Related Aspects 
ofIntellectual Property Rights (00-1299) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
TRINIDAD AND TOBAGO 
The present document reproduces the text of the following laws and regulations, as notified by Trinidad and Tobago 
under Article 63.2 of the Agreement (see document IP/NIlITTO/l): 
Trade Marks Act (Chapter 82:81) 
Trade Marks (Amendment) Act 1994 
Trade Marks (Amendment) Act 1996 
Trade Marks (Amendment) Act 1997 
Trade Marks (Amendment) Rules 1994 
Trade Marks (Amendment) Rules 1997 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET R1!:GLEMENTATlONS CONSACREES A LA PROPRIETE 
INTELLECTUELLE NOTlFIEES AU TITRE DE L'ARTlCLE 63:2 DE L'ACCORD 
TRINITE-ET-TOBAGO 2 
125 
l31 
144 
158 
162 
Le present document contient le texte1 des lois et reglementations ci-apres, notifiees par la Trinite-et Tobago au titre de 
l'artic1e 63:2 de l'Accord (voir le document IP/N/lITTO/l): 
Loi sur les marques (chapitre 82:81) 
Loi de 1994 portant modification de la Loi sur les marques 
Loi de 1996 portant modification de la Loi sur les marques 
Loi de 1997 portant modification de la Loi sur les marques 
Regles de 1994 portant modification de la Loi sur les marques 
Regles de 1997 portant modification de la Loi sur les marques 
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 pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
TRINIDAD Y TABAGO 2 
125 
l31 
144 
158 
162 
En el presente documento se reproduce el texto1 de las leyes y reglamentos siguientes notificados por Trinidad y Tabago 
en virtud del parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/lITTOIl): 
Ley de Marcas de Fabrica 0 de Comercio (capitulo 82:81) 
Ley de Marcas de Fabrica 0 de Comercio (modificacion) de 1994 
Ley de Marcas de Fabrica 0 de Comercio (modificaci6n) de 1996 
Ley de Marcas de Fabrica 0 de Comercio (modificaci6n) de 1997 
Reglamento de Marcas de Fabrica 0 de Comercio (modificaci6n) de 1994 
Reglamento de Marcas de Fabrica 0 de Comercio (modificaci6n) de 1997 
1 In English only.lEn anglais seulement.lEn ingles solamente. 2 
125 
131 
144 
158 
162 IPIN/1ITTO/TI1 
Page 2 
SECfION CHAPTER 82:81 
TRADE MARKS ACT 
ARRANGEMENT OF SECTIONS 
1. Short title. 
2. Interpretation. 
THE REGISTER 
3. Register of Trade Marks. 
EFFECf OF REGISTRATION AND THE ACfION 
FOR INFRINGEMENT 
4. No action for infringement of unregistered trade mark. 
5. Rights given by registration in Part A and infringement thereof. 
6. Rights given by registration in Part B and infringement thereof. 
7. Infringement by breach of certain restrictions. 
8. Saving for vested rights. 
9. Registration to be in respect of particular goods. 
REGISTRABILITY AND V ALlDITY OF REGISTRATION 
10. Distinctiveness requisite for registration in Part A. 
11. Capability of distinguishing requisite for registration in Part B. 
12. Saving for use of name, address or description of goods. 
13. Prohibition of registration of deq!ptive, etc., matter. 
14. Prohibition of registration of identical and resembling trade 
marks. 
15. Registration in Part A to be conclusive as to validity after seven 
years. 
16. Registration subject to disclaimer. 
17. Words used as name or description of an article or substance. 
18. Effect of limitation as to colours. 
PROCEDURE FOR AND DURATION OF REGISTRATION 
19. Application for registration. 
20. Advertisement of application. 
21. Opposition to registration. 
22. Conflicting claims to registration. SECTION 
23. Registration. 
24. Limit of time for completing registration. 
25. Duration and renewal of registration. 
26. Registration of parts of trade marks and of trade marks as a 
series. 
ASSIGNMENT, TRANSMISSION AND ASSOCIATED MARKS 
27. Powers of and restrictions on assignment and transmission. 
28. Powers of assignments and transmission of unregistered mark. 
29. Restrictions on assignment or transmission where exclusive 
rights would subsist in different persons. 
30. Restrictions on assignment or transmission where multiple 
exclusive rights would subsist in different parts of Trinidad and 
Tobago. 
31. Conditions of assignment otherwise than in connection with the 
goodwill of the business. 
32. Associated trade marks. 
33. Power of registered proprietor to assign and give receipts. 
34. Registration of assignments and transmissions. 
USE AND NON-USE 
35. Removal from register and imposition of limitations on ground 
of non-use. 
36. Defensive registration of well known trade marks. 
37. Registered users. 
38. Power of Registrar to refuse application. 
39. Registration as registered user. IPINIl/TTO/TIl 
Page 3 
40. Registrar not to disclose information to trade rivals, if so 
required. 
41. Power of Registrar to vary or cancel registration of registered 
user. 
42. No right of assignment or transmission in registered user. 
43. Proposed use of trade mark by corporation to be constituted, 
etc. 
44. Use of one of associated or substantially identical trade marks 
equivalent to use of another. 
45. Use of trade mark for export trade. 
RECTIFICATION AND CORRECTION OF REGISTER 
46. General power to rectify entries in register. 
47. Power to expunge or vary registration for breach of condition. 
48. Correction of register. 
49. Alteration of registered trade mark. IP/N/1/TTO/TIl 
Page 4 
SECfION 
CERTIFICATION TRADE MARKS 
50. Certification trade marks. 
RULES AND FEES 
51. Power to make Rules and Fees. 
52. Fees. 
POWERS AND DUTIES OF REGISTRAR 
53. Hearing before exercise of Registrar's discretion. 
54. Power of Registrar to award costs. 
LEGAL PROCEEDINGS AND ApPEALS 
55. Registration to be prima facie evidence of validity. 
56. Certificate of validity. 
57. Costs of Registrar in proceedings before Court, and payment of 
costs of Registrar. 
58. Trade usage, etc., to be considered. 
59. Registrar's appearance in proceedings involving rectification. 
60. Discretion of Court in appeals. 
61. Procedure in cases of option to apply to Court or Registrar. 
EVIDENCE 
62. Mode of giving evidence. 
63. Evidence of entries in register. 
64. Evidence of things done by Registrar. 
OFFENCES 
65. Falsification of entries in register. 
66. Fine for falsely representing a trade mark as registered. 
MISCELLANEOUS 
67. Change of form of trade connection not to be deemed to cause 
deception. 
68. Jointly owned trade marks. 
69. Trusts and equities. 11 of 1955. 
Commencement. 
17811956. 
Short title. 
Interpretation. 
[46 of 1979). SECTION 
70. Recognition of agents. IP /Nil /TTOrr /1 
Page 5 
71. References in written law to Patents, Designs and Trade Marks 
Ordinance. 
VALIDITY OF REGISTRATIONS UNDER PREVIOUS ORDINANCE 
72. Incorporation of existing register with Part A. 
73. Trade mark registrable under this Act not removable on certain 
grounds. 
74. Nothing in this Act to invalidate registration of trade mark pre­
viously made. 
75. Previous use of a trade mark by person becoming registered 
user. 
INTERNATIONAL AND INTER-COMMONWEALTH ARRANGEMENTS 
76. Arrangements with Convention countries. 
77. Arrangements with Commonwealth countries not being Con­
vention countries. 
RESTRAINT OF USE OF ARMS OF TRINIDAD AND TOBAGO 
78. Restraint of use of national coat of arms, etc. 
79. Repeal and Savings. 
SCHEDULE. 
CHAPTER 82:81 
TRADE MARKS ACT 
An Act to make provision with respect to the law relating to 
Trade Marks. 
[2ND JANUARY 1957] 
1. This Act may be cited as the Trade Marks Act. 
2. (1) In this Act-
"assignment" means assignment by act of the parties concerned; IP/N/lITTO/TIl 
Page 6 
"associated trade marks" means trade marks that are registered 
as, or that are deemed by virtue of this Act to be, associated 
trade marks; 
"Convention" means the Paris Convention for the Protection of 
Industrial Property made on the 20th March 1883 and any 
amendments and revisions thereof to which Trinidad and 
Tobago is a party; 
"the Court" means the High Court; 
"Judge" means a Judge of the Court; 
"limitations" means any limitations of the exclusive right to the 
use of a trade mark given by the registration of a person as 
proprietor thereof, including limitations of that right as to 
the mode of use, as to use in relation to goods to 'be sold, or 
otherwise traded in, in any place within Trinidad and 
Tobago, or as to use in relation to goods to be exported to 
any market outside Trinidad and Tobago; 
"mark" includes a device, brand, heading, label, ticket, name, 
signature, word, letter, numeral or any combination thereof; 
"prescribed" means, in relation to proceedings before the Court, 
prescribed by rules of court, and, in other cases, prescribed 
by this Act or the Rules; 
"the register" means the register of trade marks kept under thIS 
Act; 
"registered trade mark" means a trade mark that is actually on 
the register; 
"registered user" means a person who is for the time being regis­
tered as such under section 37; 
"the Registrar" means the Registrar General and includes any 
Deputy Registrar General or person acting under the author­
ity of the Registrar General; 
"the rules" means rules made under section 51; 
"trade mark" means, except in relation to a certification trade 
mark, a mark used or proposed to be used in relation to 
goods for the purpose of indicating, or so as to indicate, a 
connection in the course of trade between the goods and 
some person having the right either as proprietor or as regis­
tered user to use the mark, whether with or without any 
indication of the identity of that person, and means, in rela­
tion to a certification trade mark, a mark registered or 
deemed to have been registered under section 50; 
"transmission" means transmission by operation of law, devolu-IPINllITTO/TIl 
Page 7 
tion on the personal representative of a deceased person, and 
any other mode of transfer not being assignment; 
"permitted use" means the use of a trade mark by a registered 
user of it in relation to goods with which he is connected in 
the course of trade and in respect of which for the time being 
the trade mark remains registered and he is registered as a 
registered user, being use such as to comply with any condi­
tions or restrictions to which his registration is subject. 
(2) References in this Act to the use of a mark shall be 
construed as references to the use of a printed or other visual 
representation of the mark, and references therein to the use of a 
mark in relation to goods shall be construed as references to the 
use thereof upon, or in physical or other relation to, goods. 
THE REGISTER 
~~!ci~tM~:kS. 3. (1) There shall be kept by the Registrar General at his 
No action for 
infrin~ement of 
unregtstered 
trade mark. 
Rights given by 
registration in 
Part A and 
infringement 
thereof. office a record called the Register of Trade Marks, in which shall 
be entered all registered trade marks with the names, addresses 
and descriptions of their proprietors, notifications of assignments 
and transmissions, the names, addresses and descriptions of all 
registered users, disclaimers, conditions, limitations and such 
other matters as may be prescribed. 
(2) The Register of Trade Marks shall be divided into two 
parts called respectively Part A and Part B. 
EFFECT OF REGISTRATION AND THE ACTION 
FOR INFRINGEMENT 
4. No person shall be entitled to institute any procee&ng to 
prevent, or .to recover damages for, the infringement of an un­
registered trade mark, but nothing in this Act shall be deemed to 
affect rights of action against any person for passing off goods as 
the goods of another person or the remedies in respect thereof: 
5. (1) Subject to this section and to sections 8 and 12, the 
registration of a person in Part A of the Register as proprietor of a 
trade mark other than a certification trade mark in respect of any 
goods shall, if valid, give or be deemed to have given to that 
person the exclusive right to the use of the trade mark in relation 
to those goods and, without prejUdice to the generality of the 
foregoing words, that right shall be deemed to be infringed by any 
person who, not being the proprietor of the trade mark or a IP/N/lITTO/T/l 
Page 8 
registered user thereof using by way of the permitted use, uses a 
mark identical with it or so nearly resembling it as to b.e likely to 
deceive or cause confusion, in the course of trade, in relation to 
any goods in respect of which it is registered, and in such manner 
as to render the use of the mark likely to be taken either-
(a) as being used as a trade mark; or 
(b) in a case in which the use is use upon the goods or in 
physical relation thereto or in an advertising circular 
or other advertisement issued to the public, a's 
importing a reference to some person having the 
right either as proprietor or as registered user to use 
the trade mark or to goods with which such a person 
as mentioned above is connected in the course of 
trade. 
(2) The right to the use of a trade mark given by registration 
as mentioned above shall be subject to any conditions or 
limitations entered on the register, and shall not be deemed to be 
infringed by the use of any such mark as mentioned above in any 
mode, in relation to goods to be sold or otherwise traded in in any 
place, in relation to goods to be exported to any market, or in any 
other circumstances, to which, having regard to any such 
limitations, the registration does not extend. 
(3) The right to the use of a trade mark given by registration 
as mentioned above shall not be deemed to be infringed by the 
use of any such mark as mentioned above by any person-
(a) in relation to goods connected in the course of trade 
with the proprietor or a registered user of the trade 
mark if, as to those goods or a bulk of which they 
form part, the proprietor or the registered user con­
forming to the permitted use has applied the trade 
mark and has not subsequently removed or obliter­
ated it, or has at any time expressly or impliedly 
consented to the use of the ,trade mark; or 
(b) in relation to goods adapted to form part of, or to be 
accessory to, other goods in relation to which the 
trade mark has been used without infringement of 
the right given as mentioned above or might for the 
time being be so used, if the use of the mark is 
reasonably necessary in order to indicate that the 
goods are so adapted and neither the purpose nor the 
effect of the use of the mark is to indicate otherwise 
than in accordance with the fact a connection in the 
course of trade between any person and the goods. Rights given by 
registration in 
Part Band 
infringement 
thereof. 
Infringement by 
breach of 
certain 
restrictions. IPINIl/TTOITIl 
Page 9 
(4) The use of a registered trade mark, being one of two or 
more registered trade marks that are identical or nearly resemble 
each other, in exercise of the right to the use of that trade mark 
given by registration as mentioned above, shall not be deemed to 
be an infringement of the right so given to the use of any other of 
those trade marks. 
6. (1) Except as provided by subsection (2), the registration of 
a person in Part B of the register as proprietor of a trade mark in 
respect of any goods shall, if valid, give or be deemed to have 
given to that person the like right in relation to those goods as if 
the registration had been in Part A of the Register, and the 
provisions of section 5 shall have effect in like manner in relation 
to a trade mark registered in Part B of the Register as they have 
effect in relation to a trade mark registered in Part A of the 
Register. 
(2) In any action for infringement of the right to the use of a 
trade mark given by registration as mentioned above in Part B of 
the Register, otherwise than by an act that is deemed to be an 
infringement by virtue of section 7, no injunction or other relief 
shall be granted to the plaintiff if the defendant establishes to the 
satisfaction of the Court that the use of which the plaintiff 
complains is not likely to deceive or cause confusion or to be 
taken as indicating a connection in the course of trade between 
the goods and some person having the right either as proprietor or 
as registered user to use the trade mark. 
7. (1) Where, by a contract in writing made with the pro­
prietor or a registered user of a registered trade mark, a pur­
chaser or owner of goods enters into an obligation to the effect 
that he will not do, in relation to the goods, an act to which this 
section applies, any person who, being the owner for the time 
being of the goods and having notice of the obligation, does that 
act, or authorises it to be done, in relation to the goods, in the 
course of trade or with a view to any dealing therewith in. the 
course of trade, shall be deemed thereby to infringe the right to 
the use of the trade mark given by the registration thereof, unless 
that person became the owner of the goods by purchase for 
money or money's worth in good faith before receiving notice of 
the obligation or by virtue of a title derived through another who 
so became the owner thereof. 
(2) The acts to which this section applies are-
(a) the application of the trade mark upon the goods 
after they have suffered alteration in any manner IP INIl ITTO/T 11 
Page 10 
specified in the contract as respects their state or 
condition, get-up or packing; 
(b) in a case in which the trade mark is. upon the goods, 
the alteration, part removal or part obliteration 
thereof; 
(c) in a case in which the trade mark is upon the goods, 
and there is also thereon other matter, being matter 
indicating a connection in the course of trade be­
tween the proprietor or registered user and the 
goods, the removal or obliteration, whether wholly 
or partly, of the trade mark unless that other matter 
is wholly removed or obliterated; 
(d) in a case in which the trade mark is upon the goods, 
the application of any other trade mark to the goods; 
(e) in a case in which the trade mark is upon the goods, 
the addition to the goods of any other matter in 
writing that is likely to injure the reputation of the 
trade mark. 
(3) In this section references in relation to any goods to the 
proprietor, to a registered user, and to the registration, of a trade 
mark shall be construed, respectively, as references to the pro­
prietor in whose name the trade mark is registered, to a registered 
user who is registered, and to the registration of the trade mark, 
in respect of those goods, and the expression "upon" includes in 
relation to any goods a reference to physical relation thereto. 
8. Nothing in this Act shall entitle the proprietor or a regis- ~~v;nJ ~~ts. 
tered user of a registered trade mark to interfere with or restrain 
the use by any person of a trade mark identical with or nearly 
resembling it in relation to goods in relation to which that person 
or a predecessor in title of his has continuously used that trade 
mark from a date anterior-
(a) to the use of the first-mentioned trade mark in rela­
tion to those goods by the proprietor or a predeces­
sor in title of his; or 
(b) to the registration of the first-mentioned trade mark 
in respect of those goods in the name of the pro­
prietor or a predecessor in title of his, 
whichever is the earlier,or to object (on such use being proved) 
to that person being put on the Register for that identical or 
nearly resembling trade mark in respect of those goods under 
section 14(2). Re~stration to 
be ID respect of 
particular 
goods. 
Distinctiveness 
requisite for 
registration in 
Part A. IP/N/1/TTO/T/1 
Page 11 
9. A trade mark must be registered in respect of particular 
goods or classes of goods, and any question arising as to the class 
within which any goods fall shall be determined by the Registrar, 
whose decision shall be final. 
REGISTRABILITY AND VALIDITY OF REGISTRATION 
10. (1) In order to be registrable in Part A of the register a 
trade mark other than a certification trade mark must contain or 
consist of at least one of the following essential particulars--
(a) the name of a company, individual, or firm, rep­
resented in a special or particular manner; 
(b) the signature of the applicant for registration or 
some predecessor in his business; 
(c) an invented word or invented words; 
(d) a word or words having no direct reference to the 
character or quality of the goods, and not being 
according to its ordinary signification a geographical 
name or a surname; 
(e) any other distinctive mark, but a name, signature, or 
word or words, other than such <;lS fall within the 
descriptions in paragraphs (a), (b), (c) and (d) shall 
not be registrable under this paragraph except upon 
evidence of its distinctiveness. 
(2) For the purposes of this section "distinctive" means 
adapted, in relation to the goods in respect of which a trade mark 
is registered or proposed to be registered, to distinguish goods 
with which the proprietor of the trade mark is or may be con­
nected in the course of trade from goods in the case of which no 
such connection subsists, either generally or, where the trade 
mark is registered or proposed to be registered subject to limit~­
tions, in relation to use within the extent of the registration. . 
(3) In determining whether a trade mark is adapted to dis­
tinguish as aforesaid the Registrar may have regard to the extent 
to which-
(a) the trade mark is inherently adapted to distinguish as 
aforesaid; and 
(b) by reason of the use of the trade mark or of any 
other circumstances, the trade mark is in fact 
adapted to distinguish as aforesaid. IPlNllITTO/TIl 
Page 12 
11. (1) In order to be registrable in Part B of the Register a Cadis~ab~ty.of 
d k b bl' I' h d' f tmgwshing tra e mar must e capa e, III re at IOn to t e goo s III respect 0 req~ite. for. 
which it is registered or proposed to be registered, of distinguish- r!r:w.uon 
m 
ing goods with which the proprietor of the trade mark is or may 
be connected in the course of trade from goods in the case of 
which no such connection subsists, either generally or, where the 
trade mark is registered or proposed to be registered subject to 
limitations, in relation to use within the extent of the registration. 
(2) In determining whether a trade mark is capable of 
distinguishing as mentioned above the Registrar may have regard 
to the extent to which-
(a) the trade mark is inherently capable of distinguishing 
as mentioned above; and 
(b) by reason of the use of the trade mark or of any other 
. circumstances, the trade mark is in fact capable of 
distinguishing as mentioned above. 
(3) A trade mark may be registered in Part B notwithstand­
ing any registration in Part A in the name of the same proprietor 
of the same trade mark or any part or parts thereof. 
12. No registration of a trade mark shall interfere with- Safving for use o name, 
(a) any bona fide use by a person of his own name or of ~~~ti~~ of 
the name of his place of business, or of the name, or goods. 
of the name of the place of business, of any of his 
predecessors in business; or 
(b) the use by any person of any bona fide description of 
the character or quality of his goods. 
13. It shall not be lawful to register as a trade mark or part of a 
trade mark any matter the use of which would, by reason of its 
being likely to deceive or cause confusion or otherwise, be disen­
titled to protection in a court of justice or would be contrary to 
law or morality, or any scandalous design. Prohibition of 
registration of 
deceptive, etc., 
matter. 
14 .. (1) Subject to subsection (2), n? t:ade marks shall ~e.regis- ~~~~~~~i 
tered m respect of any goods or descnptlOn of goods that IS Ident- Jdentica! and 
. I . h d k b I' d'ff . d resembling lCa WIt· a tra e mar e ongmg to a I erent propnetor an trade marks. 
already on the Register in respect of the same goods or description 
of goods, or that so nearly resembles such a trade mark as to be 
likely to deceive or cause confusion, 
(2) In case of honest concurrent use, or of other special 
circumstances which in the opinion of the Court or the Registrar Registration in 
Pan A to be 
conclusive as to 
validity after 
seven years. 
Registration 
subject to 
disclaimer. IP/N/IITTO/TIl 
Page 13 
make it proper to do so, the Court or the Registrar may permit 
the registration of trade marks that are identical or nearly re­
semble each other in respect of the same goods or description of 
goods by more than one proprietor subject to such conditions and 
limitations, if any, as the Court or the Registrar, as the case may 
be, may think it right to impose. . 
(3) Where separate applications are made by different per­
sons to be registered as proprietors respectively of trade marks 
that are identical or nearly resemble each other in respect of the 
same goods or description of goods, the Registrar may refuse to 
register any of them until their rights have been determined by 
the Court. 
15. (1) In all legal proceedings relating to a trade mark regis­
tered in Part A of the Register (including applications under sec­
tion 46) the original registration in Part A of the Register of the 
trade mark shall, after the expiration of seven years from the date 
of that registration, be taken to be valid in all respects, unless-
(a) that registration was obtained by fraud; or 
(b) the trade mark offends against section 13. 
(2) Nothing in section 6(1) shall be construed as making 
applicable to a trade mark, as being a trade mark registered in 
Part B of the Register, the foregoing provisions of this section 
relating to a trade mark registered in Part A of the Register. 
16. If a trade mark-
(a) contains any part not separately registered by the 
proprietor as a trade mark; or 
(b) contains matter common to the trade or otherwise of 
a non-distinctive character, 
the Registrar or the Court, in deciding whether the trade mark 
shall be entered or shall remain on the register, may require, as a 
condition of its being on the register-
(i) that the proprietor shall disclaim any right to 
the exclusive use of any part of the trade 
mark, or to the exclusive use of all or any 
portion of any such matter as mentioned above, 
to the exclusive use of which the Registrar or the 
Court holds him not to be entitled; or 
Cii) that the proprietor shall make such other dis­
claimer as the Registrar or the Court may con-IPIN/1/TTO/T/1 
Page 14 
sider necessary for the purpose of defining his 
rights under the registration, 
but no disclaimer on the Register shall affect any 'rights of the 
proprietor of a trade mark except such as arise out of the registra­
tion of the trade mark in respect of which the disclaimer is made. 
17. (1) The registration of a trade mark shall not be deemed to ;;,;:~~so,:ed as 
have become invalid by reason only of any use after the date of descript1ion of 
h . . f d d hi an artlC e or t e regIstratIOn, 0 a wor or wor s w ch the trade mark con- substance. 
tains, or of which it consists, as the name or description of an 
article or substance. 
(2) If, however, it is proved either-
(a) that there is a well-known and established use of the 
word or words as the name or description of the 
article or substance by a person or persons carrying 
on a trade therein, not being use in relation to goods 
connected in the course of trade with the proprietor 
or a registered user of the trade mark or (in the case 
of a certification trade mark) goods certified by the 
proprietor; or 
(b) that the article or substance was formerly manufac­
tured under a patent (being a patent in force on, or 
granted after the date of, the commencement of this 
Act) that a period of two years or more after the 
cesser of the patent has elapsed, and that the word or 
words is or are the only practicable name or descrip­
tion of the article or substance, 
the provisions of subsection (3) shall have effect. 
(3) Where the facts mentioned in subsection (2)(a) or (b) 
are proved with respect to any word or words, then-
(a) if the trade mark consists solely of that word or those 
words, the registration of the trade mark, so far as 
regards registration in respect of the article or sub­
stance in question or of any goods of the same 
description, shall be deemed for the purposes of sec­
tion 46 to be an entry wrongly remaining on the 
Register; 
(b) if the trade mark contains that word or those wordS 
and other matter, the Court or the Registrar, in 
deciding whether the trade mark shall remain on the 
Register, so far as regards registration in respect of 
the article or substance in question and of any goods Effect of 
limitation as to 
colours. IP/N/lITTO/TIl 
Page 15 
of the same description, may in case of a decision in 
favour of its remaining on the Register require as a 
condition thereof that the proprietor shall disclaim 
any right to the exclusive use in relation to that 
article or substance and any goods of the same 
description of that word or those words, so, how­
ever, that no disclaimer on the register shall affect 
any rights of the proprietor of a trade mark except 
such as arise out of the registration of the trade mark 
in respect of which the disclaimer is made; and 
(c) for the purposes of any other legal proceedings relat­
ing to the trade mark-
(i) if the trade mark consists solely of that word 
or those words, all rights of the proprietor, 
whether under the common law or by registra­
tion, to the exclusive use of the trade mark in 
relation to the article or substance in question 
or to any goods of the same description; or 
(ii) if the trade mark contains that word or those 
words and other matter, all such rights of the 
proprietor to the exclusive use of that word or 
those words in such relation as mentioned 
above, 
shall be deemed to have ceased on the date at which the use 
mentioned in subsection (2)(a) first became well-known and 
established, or at the expiration of the period of two years men­
tioned in subsection (2)(b). 
(4) No word which is the commonly used and accepted 
name of any single chemical element or single chemical com­
pound, as distinguished from a mixture, shall be registered as a 
trade mark in respect of a chemical substance or preparation, and 
any such registration in force at the commencement of this Act or 
thereafter shall, notwithstanding anything in section 15, be 
. deemed for the purposes of section 46 to be an entry made in the 
Register without sufficient cause, or an entry wrongly remaining 
on the Register, as the circumstances may require. However, the 
foregoing provisions of this subsection shall not have effect in 
relation to a word which is used to denote only a brand or make 
of the element or compound as made by the proprietor or a 
registered user of the trade mark, as distinguished from the ele­
ment or compound as made by others, and in association with a 
suitable name or description open to the public use. 
18. A trade mark may be limited in whole or in part to one or 
more specified colours and in any such case the Registrar or the IP/N/1ITTO/TI1 
Page 16 
Court shall have regard to the fact that it is so limited when 
considering the distinctive character of the trade mark. If a trade 
mark is registered without limitations of colour it shall be deemed 
to be registered for all colours. 
PROCEDURE FOR AND DURATION OF REGISTRATION 
19. (1) Any person claiming to be the proprietor of a trade ~r::sl:~t\~~. for 
mark used or proposed to be used by him who is desirous of 
registering it must apply in writing to the Registrar in the pre-
scribed manner for registration either in Part A or in Part B of the 
Register. ' 
(2) Subject to this Act, the Registrar may refuse the appli­
cation, or may accept it absolutely or subject to such amend~ 
ments, modifications, conditions or limitations, if any, as he may 
think right. 
(3) In the case of an application for registration of a trade 
mark (other than a certification trade mark) in Part A of the 
register, the Registrar may, if the applicant is willing, instead of 
refusing the application, treat it as an application for registration 
in Part B and deal with the application accordingly. 
(4) In the case of a refusal or conditional acceptance the 
Registrar shall, if required by the applicant, state in writing the 
grounds of his decision and the materials used by him in arriving 
thereat and the decision shall be subject to appeal to a Judge in 
Chambers. 
(5) On an appeal under this section the Judge shall, if 
required, hear the applicant and the Registrar, and shall make an 
order determining whether, and subject to what amendments, 
modifications, conditions or limitations, if any, the application is 
to be accepted. 
(6) Appeals under this section shall be heard on the 
materials stated as mentioned above by the Registrar, and no 
further grounds of objection to the acceptance of the application 
shall be allowed to be taken by the Registrar, other than those so 
stated as mentioned above by him, except by leave of the Judge 
hearing the appeal. Where any further grounds of objection are 
taken, the applicant shall be entitled to withdraw his application 
without payment of costs on giving notice as prescribed. 
(7) The Registrar or a Judge as the case may be, may at any 
time, whether before or after acceptance, correct any error in or Advertisement 
of application. 
Opposit\on to 
regIstratIon. 
Conflicting 
claims to 
registration. IP/NIlITTO/TI 1 
Page 17 
in connection with the application, or may permit the applicant to 
amend his application upon such terms as the Registrar or the 
Judge, as the case may be, may think fit. 
20. Every application for registration of a trade mark under 
this Act shall, as soon as may be after its acceptance be advertised 
by the Registrar in the Gazette and the advertiseI11ent shall set 
forth all conditions and limitations subject to which the applica­
tion has been accepted. However, the Registrar may cause an 
application to be advertised before acceptance if it is made under 
section 10(1)(e), or in any other case where it appears to him that 
it is expedient by reason of any exceptional circumstances to do 
so, and where an application has been so advertised, the Registrar 
may, if he thinks fit, advertise it again when it has been accepted 
but shall not be bound to do so. 
21. (1) Any person may, within three months of the advertise­
ment of the application, give notice in duplicate to the Registrar 
of opposition to the registration of the trade mark. The notice 
shall be given in writing in the prescribed manner, and shall 
include a statement of the grounds of opposition. The Registrar 
shall send the duplicate of such notice to the applicant. 
(2) Within one month after the receipt of such duplicate or 
such further time as the Registrar may allow, the applicant shall 
send to the Registrar, in the prescribed manner, a counter state­
ment in duplicate of the grounds on which he relies for his appli­
cation, and, if he does not do so, he shall be deemed to have 
abandoned his application. 
22. (1) On receipt of a counter statement as mentioned in sec­
tion 21(2) the Registrar shall send one copy to the person or 
persons giving notice of opposition and shall, after hearing the 
parties if so required and considering the evidence, decide 
whether, and subject to what conditions or limitations, if any, 
registration is to be permitted. The decision of the Registrar shalL 
be subject to appeal to a Judge in Chambers. 
(2) On an appeal under this section the Judge shall, if 
required, hear the parties and the Registrar, and shall make an 
order determining whether, and subject to what conditions or 
limitations, if any, registration is to be permitted. 
(3) On the hearing of an appeal under this section any party 
may, either in the manner prescribed or by special leave of the 
Judge, bring forward further material for the consideration of the 
Judge. IP/N/1/TTO/T/1 
Page 18 
(4) On an appeal under this section no further grounds of 
objection to the registration of a trade mark shall be allowed to 
be taken by the opponent or the Registrar, other than those so 
stated as mentioned above by the opponent, except by leave of 
the Judge. Where any further grounds of objection are taken, the 
applicant shall be entitled to withdraw his application without 
payment of the costs of the opponent on giving notice as' 
prescribed. 
(5) On an appeal under this section the Judge may, after 
hearing the Registrar, permit the trade mark proposed to be 
registered to be modified in any manner not substantially affect­
ing the identity thereof, but in any such case the trade mark as so 
modified shall be advertised in the prescribed manner before 
being registered. 
(6) If a person giving notice of opposition or an applicant 
sending a counter-statement after receipt of a copy of such a 
notice, or an appellant, neither resides nor carries on business in 
Trinidad and Tobago, the Judge or the Registrar may require him 
to give security for costs of the proceedings relative to the opposi­
tion or to the appeal, as the case may be, and in default of such 
security being duly given may treat the opposition or application, 
or the appeal, as the case may be, as abandoned. 
23. (1) When an application for registration of a trade mark in Registration. 
Part A or in Part B of the Register has been accepted and has not 
been opposed and the time for notice of opposition has expired or 
having been opposed the opposition has been decided in favour 
of the applicant, the Registrar shall unless the application has 
been accepted in error register the trade mark in Part A or Part 
B, as the case may be, and the trade mark, when registered, shall 
be registered as of the date of the application for registration, and 
that date shall be deemed for the purpose of this Act to be the 
date of registration. However, the foregoing provisions of this 
section, relating to the date as of which a trade mark shall be 
registered and to the date to be deemed to be the date of registra­
tion, shall, as respects a trade mark registered under this Act with 
the benefit of any written law relating to international or com­
monwealth arrangements, have effect subject to the provisions of 
that written law. 
(2) On the registration of a trade mark, the Registrar shall 
issue to the applicant, on payment by him of the prescribed fee, a 
certificate in the prescribed form of the registration sealed with 
the seal of the Registrar General. Umit.of time 
for .completing 
regIstration. 
Duration and 
renewal of 
registration. 
Registration of 
parts of trade 
marks and of 
trade marks as a 
series. IPINIlITTO/T/1 
Page 19 
24. Where registration of a trade mark is not completed within 
twelve months from the date of the application by reason of 
default on the part of the applicant, the Registrar may, after 
giving notice of the non-completion to the applicant in writing in 
the prescribed manner, treat the application as abandoned unless 
it is completed within the time specified in the notice: 
25. (1) The registration of a trade mark shall be for a period'of 
fourteen years but may be renewed by the registered proprietor 
on payment of the prescribed fee before the expiration of the 
period of fourteen years and so from time to time before expira­
tion of each period of fourteen years. 
(2) The Registrar shall give due notice of such approaching 
expiration to the proprietor of such trade mark three months at . 
least before the expiration of the period of registration. 
(3) If no renewal fee has been paid before the expiration of 
fourteen years from the date of registration the Registrar shall 
remove the trade mark from the Register, subject to such condi­
tions, if any, as to its restoration to the Register, as may be 
prescribed. 
(4) Where a trade mark has been removed from the register 
for non-payment of the renewal fee, such trade mark shall, 
nevertheless, for the purpose of any application for registration 
during one year next after the date of such removal, be deemed to 
be a trade mark which is already registered, unless it is shown to 
the satisfaction of the Registrar that there has been no bona fide 
user of such trade mark during the two years immediately preced­
ing such removal, or that no deception or confusion would be 
likely to arise from the use of the trade mark that is the subject of 
the application for registration by reason of any previous use of 
the trade mark that has been removed. 
26. (1) Where the proprietor of a trade mark claims to be en­
titled to the exclusive use of any part thereof separately, he may 
apply to register the whole and any such part as separate trade 
marks. 
(2) Each such separate trade mark must satisfy all the con­
ditions of an independent trade mark and shall, subject to section 
. 32(2) and section 44(2), have all the incidents of an independent 
trade mark. 
(3) Where a person claiming to be the proprietor of several 
trade marks, in respect of the same goods or description of goods, IPINIlITTO/TI1 
Page 20 
which while resembling each other in the material particulars 
thereof, yet differ in respect of-
(a) statements of the goods in relation to which they are 
respectively used or proposed to be used; or 
(b) statements of number, price, quality or names of 
places; or 
(c) other m&tter of a non-distinctive character which 
does not substantially affect the identity of the trade 
mark; or 
(d) colour, 
seeks to register those trade marks, they may be registered as a 
series in one registration. 
ASSIGNMENT, TRANSMISSION AND ASSOCIATED MARKS 
27. (1) Notwithstanding any rule of law or equity to the con­
trary, a registered trade mark shall be, and shall be deemed 
always to have been, assignable and transmissible either in con­
nection with the goodwill of a business or not. 
(2) A registered trade mark shall be, and shall be deemed 
always to have been, assignable and transmissible in respect 
either of all the goods in respect of which it is registered or was 
registered, as the case may be, or of some (but not all) of those 
goods. 
28. Section 27 has effect in the case of an unregistered trade 
mark used in relation to any goods as it has effect in the case of a 
registered trade mark registered in respect of any goods, if at the 
time of the assignment or transmission of the unregistered trade 
mark it is or was used in the same business as a registered trade 
mark, and if it is or was assigned or transmitted at the same time 
and to the same person as that registered trade mark and in 
respect of goods all of which are goods in relation to which the 
unregistered trade mark is or was used in that business and in 
respect of which that registered trade mark is or was assigned or 
transmitted. 
29. (1) Notwithstanding anything in sections 27 and 28, a trade 
mark shall not be or be deemed to have been assignable or trans­
missible in a case in which as a result of assignment or transmis­
sion there would in the circumstances subsist, or have subsisted, 
whether under the common law or by registration, exclusive Powers of and 
restrictions on 
assignment and 
transmission. 
Powers of 
assignment and 
transmission of 
unregistered 
mark. 
Restrictions on 
assignment or 
transmission 
where exclusive 
rights would 
subsist in 
different 
persons. Restrictions on 
assignment or 
transmission 
where mUltiple 
exclusive ri~hts 
would subs.st in 
different pans 
of Trinidad and' 
Tobago. IP/N/l/TTO/T/1 
Page 21 
rigilts in more than one of the persons concerned to the use, in 
relation to the same goods or description of goods, of identical 
trade marks or trade marks nearly resembling each other, so that, 
having regard to the similarity of the goods and of the trade 
marks, the use of the trade marks in exercise of those rights would 
be, or have been, likely to deceive or cause confusion. However, 
where a trade mark is, or has been, assigned or transmitted in 
such a case as mentioned above, the assignment or transmission 
shall not be deemed to be, or to have been, invalid under this 
subsection if the exclusive rights subsisting as a result thereof in 
the persons concerned respectively are, or were, having regard to 
limitations imposed thereon, such as not to be exercisable by two 
or more of those persons in relation to goods to be sold, or 
otherwise traded in, within Trinidad and Tobago (otherwise than 
for export therefrom) or in relation to goods to be exported to the 
same market outside Trinidad and Tobago. 
(2) The proprietor of a registered trade mark who proposes 
to assign it in respect of any goods in respect of which it is regis­
tered may submit to the Registrar in the prescribed manner a 
statement of case setting out the circumstances, and the Registrar 
may issue to him a certificate stating whether, having regard to 
the similarity of the goods and of the trade marks referred to in 
the case, the proposed assignment of the first-mentioned trade 
mark would or would not be invalid under subsection (1), and a 
certificate so issued shall, subject to this section as to appeal and 
unless it is shown that the certificate was obtained by fraud or 
misrepresentation, be conclusive as to the validity or invalidity 
under subsection (1) of the assignment in so far as such validity or 
invalidity depends upon the facts set out in the case, but as 
regards a certificate in favour of validity, only if application for 
the registration under section 34 of the title of the person becom­
ing entitled is made within six months from the date on which the 
certificate is issued. 
(3) Any decision of the Registrar under this section shall be 
subject to appeal to a Judge in Chambers. 
30. (1) Notwithstanding anything in sections 27 and 28, a trade 
mark shall not be assignable or transmissible in a case in which as 
a result of an assignment or transmission thereof there would in 
the circumstances subsist, whether under the common law or by 
registration, an exclusive right in one of the persons concerned to 
the use of the trade mark limited to use in relation to goods to be 
sold, or otherwise traded in, in a place or places in Trinidad and 
Tobago, and an exclusive right in another of those persons to the IPINI1 ITTO/TIl 
Page 22 
use of a trade mark nearly resembling the first-mentioned trade 
mark or of an identical trade mark in relation to the same goods 
or description of goods limited to use in relation to goods to be 
sold, or otherwise traded in, in another place or other places in 
Trinidad and Tobago. However, on application in the prescribed 
manner by the proprietor of a trade mark who proposes to assign 
it, or of a person who claims that a trade mark has been transmit­
ted to him or to a predecessor in title of his since the commence­
ment of this Act, in any such case, the Registrar, if he is satisfied 
that in all the circumstances the use of the trade marks in exercise 
of the said rights would not be contrary to the public interest, may 
approve the assignment or transmission and an assignment or 
transmission, so approved shall not be deemed to be or to have 
been invalid under this section or under section 29; but in the 
case of a registered trade mark this provision shall not have effect 
unless application for the registration under section 34 of the title 
of the person becoming entitled is made within six months from 
the date on which the approval is given or, in the case of a trans­
mission, was made before that date. 
(2) Any decision of the Registrar under this section shall be 
subject to appeal to a Judge in Chambers. 
31. (1) Where an assignment in respect of any goods of a trade 
mark that is at the time of the assignment used in a business in 
those goods is made, on or after the coming into operation of this 
Act, otherwise than in connection with the goodwill of that busi­
ness, the assignment shall not take effect until the following 
requirements have been satisfied, that is to say, the assignee must, 
not later than the expiration of six months from the date on which 
the assignment is made or within such extended period, if any, as 
the Registrar may allow, apply to him for directions with respect 
to the advertisement of the assignment, and must advertise it in 
such form and manner and within such period as the Registrar 
may direct. 
(2) Any decision of the Registrar under this section shall be 
subject to appeal to a Judge in Chambers. 
32. (1) Associated trade marks shall be assignable and trans­
missible' only as a whole and not separately, but they shall for all 
other purposes be deemed to have been registered as separate 
trade marks. 
(2) Where a trade mark that is registered, or is the subject 
of an application for registration, in respect of any goods is identi-Conditions of 
assignment 
otherwise than 
in connection 
with the 
g~will of the 
busmess. 
Associated 
trade marks, Power of 
registered 
proprietor 10 
assign and give 
receipts. 
Re~slration of 
assignments and 
transmissions. IPlNllITTO/TIl 
Page 23 
cal with another trade mark that is registered, or is the subject of 
an application for registration, in the name of the same proprietor 
in respect of the same goods or description of goods, or so nearly 
resembles it as to be likely to deceive or cause confusion if used 
by a person other than the proprietor, the Registrar may at any 
time require that the trade marks be entered on the Register as 
associated trade marks. 
(3) Where a trade mark and any part or parts thereof are, 
by virtue of section 26(1) registered as separate trade marks in 
the name of the same proprietor, they shall be deemed to be, and 
shall be registered as, associated trade marks. 
(4) All trade marks that are by virtue of section 26(3), 
registered as a series in one registration shall be deemed to be, 
and shall be registered as, associated trade marks. 
(5) On application made in the prescribed manner by the 
registered proprietor of two or more trade marks registered as 
associated trade marks, the Registrar may dissolve the association 
as respects any of them if he is satisfied that there would be no 
likelihood of deception or confusion being caused if that trade 
mark were used by another person in relation to any of the goods 
in respect of which it is registered, and may amend the Register 
accordingly. 
(6) Any decision of the Registrar under subsection (2) or 
subsection (5) shall be subject to appeal to a Judge in Chambers. 
33. Subject to this Act, the person for the time being entered in 
the Register as proprietor of a trade mark shall, subject to any 
rights appearing from the Register to be vested in any other per­
son, have power to assign the trade mark, and to give effectual 
receipts for any consideration for an assignment thereof. 
34. (1) Where a person becomes entitled by assignment or 
transmission to a registered trade mark, he shall make applicatio.n 
to the Registrar to register his title, and the Registrar shall, on 
receipt of the application and on proof of title to his satisfaction, 
register him as the proprietor of the trade mark in respect of the 
goods in respect of which the assignment or transmission has 
effect, and shall cause particulars of the assignment or transmis-
. sion to be entered on the Register. 
(2) Any decision of the Registrar under this section shall be 
subject to appeal to a Judge in Chambers . . 
(3) Except for the purposes of an appeal under this section IPIN/lITTO/TIl 
Page 24 
or of an application under section 46, a document or instrument 
in respect of which no entry has been made in the Register in 
accordance with subsection (1) of this section shall not be 
admitted in evidence in any court in proof of the title to a trade 
mark unless the Court otherwise directs. 
USE AND NON-USE 
35. (1) Subject to subsection (2), a registered trade mark may ~~~~~~~dom 
be taken off the Register in respect of any of the goods in respect ~i.tion of 
of which it is registered on application by any person aggrieved to gro~~O~f on 
the Court or, at the option of the applicant and subject to section non-use. 
61, to the Registrar, on the ground either-
(a) that the trade mark was registered without any bona 
fide intention on the part of the applicant for regis­
tration that it should be used in relation to those 
goods by him, and that there has been in fact no 
bona fide use of the trade mark in relation to those 
goods by any proprietor thereof for the time being 
up to the date one month before the date of the 
application; or 
(b) that up to the date one month before the date of the 
application a continuous period of five years or 
longer elapsed during which the trade mark was a 
registered trade mark and during which there was no 
bona fide use thereof in relation to those goods by 
any proprietor thereof for the time being. 
However (except where the applicant has been permitted 
under section 14(2) to register an identical or nearly resembling 
trade mark in respect of the goods in question or where the Court 
or the Registrar, as the case may be, is of opinion that he might 
properly be permitted so to register such a trade mark), the Court 
or the Registrar as the case may be, may refuse an application 
made under paragraph (a) or (b) of this subsection in relation to 
any goods, if it is shown that there has been, before the relevant 
date or during the relevant period, as the case may be, bona fide 
use of the trade mark by any proprietor thereof for the time being 
in relation to goods of the same description, being goods in 
respect of which the trade mark is registered. 
(2) Where in relation to any goods in respect of which a 
trade mark is registered-
(a) the matters referred to in subsection (l)(b) are 
shown so far as regards non-use of the trade mark in 
relation to goods to be sold, or otherwise traded in, Defensive 
registration of 
well known 
trade marks. IPINIl/TTO/TIl 
Page 25 
in a particular place in Trinidad and Tobago (other­
wise than for export from Trinidad and Tobago), or 
in relation to goods to be exported to a particular 
market outside Trinidad and Tobago; and 
(b) a person has been permitted under section 14(2) to 
register an identical or nearly resembling trade mark 
in respect of those goods under a registration extend­
ing to use in relation to goods to be sold, or other­
wise traded in, in that place (otherwise than for 
export from Trinidad and Tobago) or in relation to 
goods to be exported to that market, or the Court, or 
the Registrar, as the case may be, is of opinion that 
he might properly be permitted so to register such a 
trade mark, 
on application by that person to the Court or, at the option of the 
applicant and subject to section 61 to the Registrar, the Court or 
the Registrar, as the case may be, may impose on the registration 
of the first-mentioned trade mark such limitations as the Court or 
the Registrar thinks proper for securing that registration shall 
cease to extend to such use as last mentioned above. 
(3) An applicant shall not be entitled to rely for the pur­
poses of subsection (l)(b), or for the purposes of subsection (2), 
on any non-use of a trade mark that is shown to have been due to 
special circumstances in the trade and not to any intention not to 
use or to abandon the trade mark in relation to the goods to 
which the application relates. 
36. (1) Where a trade mark consisting of an invented word or 
invented words has become so well known as respects any goods 
in respect of which it is registered and in relation to which it has 
been used that the use thereof in relation to other goods would be 
likely to be taken as indicating a connection in the course of trade­
between those goods and a person entitled to use the trade mark 
in relation to the first-mentioned goods, then notwithstanding 
that the proprietor registered in respect of the first-mentioned 
goods does not use or propose to use the trade mark in relation to 
those other goods and notwithstanding anything in section 35, the 
trade mark may, on the application in the prescribed manner of 
the proprietor registered in respect of the first-mentioned goods, 
be registered in his name in respect of those other goods as a 
defensive trade mark and, while so registered, shall not be liable 
to be taken off the register in respect of those goods under 
section 35. IP/N/1/TTO/T/l 
Page 26 
(2) The registered proprietor of a trade mark may apply for 
the registration thereof in respect of any goods as a defensive 
trade mark notwithstanding that it is already registered in his 
name in respect of those goods otherwise than as a defensive 
trade mark, or may apply for the registration thereof in respect of 
any goods otherwise than as a defensive trade mark notwithstand­
ing that it is already registered in his name in respect of those 
goods as a defensive trade mark, in lieu in each case of the exist­
ing registration. 
(3) A trade mark registered as a defensive trade mark and 
that trade mark as otherwise registered in the name of the same 
proprietor shall notwithstanding that the respective registrations 
are in respect of different goods, be deemed to be, and shall be 
registered as, associated trade marks. 
(4) On application by any person aggrieved to the Court, or 
at the option of the applicant and subject to section 61, to the 
Registrar, the registration of a trade mark as a defensive trade 
mark may be cancelled on the ground that the requirements of 
subsection (1) are no longer satisfied in respect of any goods in 
respect of which the trade mark is registered in the name of the 
same proprietor otherwise than as a defensive trade mark, or may 
be cancelled as respects any goods in respect of which·it is regis­
tered as a defensive trade mark on the ground that there is no 
longer any likelihood that the use of the trade mark in relation to 
those goods would be taken as giving the indication mentioned in 
subsection (l). 
(5) The Registrar may at any time cancel the registration as 
a defensive trade mark of a trade mark of which there is no longer 
any registration in the name of the same proprietor otherwise 
than as a defensive trade mark. 
(6) Except as otherwise expressly provided in this section, 
this Act shall apply in respect of the registration of trade marks as 
defensive trade marks and of trade marks so registered as they 
apply in other cases. 
37. (1) Subject to this section, a person other than the pro­
prietor of a trade mark may be registered as a registered user 
thereof in respect of all or any of the goods in respect of which it 
is registered (otherwise than as a defensive trade mark) and 
either with or without conditions or restrictions. 
(2) The permitted use of a trade mark shall be deemed to 
be use by the proprietor thereof, and shall be deemed not to be Registered 
users. IP/N/1/TTO/TIl 
Page 27 
use by a person other than the proprietor, for the purposes of 
section 35 and for any other purpose for which such use is mater­
ial under this Act or at common law. 
(3) Subject to any agreement subsisting between the par­
ties, a registered \lser of a trade mark shall be entitled to call upon 
the proprietor thereof to take proceedings to prevent infringe­
ment thereof, and if the proprietor refuses or neglects to do so 
within two months after being so called upon, the registered user 
may institute proceedings for infringement in his own name as if 
he were the proprietor, making the proprietor a defendant. A 
proprietor so added as defendant shall not be liable for any costs 
unless he enters an appearance and takes part in the proceedings. 
(4) Where it is proposed that a person should be registered 
as a registered user of a trade mark, the proprietor and the pro­
posed registered user must apply in writing to the Registrar in the 
prescribed manner and must furnish him with a statutory declara­
tion made by the proprietor, or by some person authorised to act 
on his behalf and approved by the Registrar-
(a) giving particulars of the relationship, eXIstmg or 
proposed, between the proprietor and the proposed 
registered user, induding particulars showing the 
degree of control by the proprietor over the permit­
ted use which their relationship will confer and 
whether it is a term of their relationship that the 
proposed registered user shall be the sole registered 
user or that there shall be any other restriction as to 
persons for whose registration as registered users 
application may be made; 
(b) stating the goods in respect of which registration is 
proposed; 
(c) stating any conditions or restrictions proposed with 
respect to the characteristics of the goods, to the 
mode or place of permitted use, or to any other mat­
ter; and 
(d) stating whether the permitted use is to be for a 
period or without limit of period, and, if for a period, 
the duration thereof; and with such further docu­
ments, information or evidence as may be required 
under the rules or by the Registrar. IPIN/l/TTO/TIl 
Page 28 
38. (1) The Registrar shall refuse an application under sec-Pow.er of . 7 if . h' h h h f Id d Regtstrar to hon 3 It appears to Im t at t e grant t ereo wou ten to refu~ . 
facilitate trafficking in a trade mark. applicatIOn. 
(2) Any decision of the Registrar under this section shall be 
subject to appeal to a Judge in Chambers. 
39. (1) When the requirements of section 37(4) have been 
complied with, if the Registrar, after considering the information 
furnished to him under that subsection, is satisfied that in all the 
circumstances the use of the trade mark in relation to the pro­
posed goods or any of them by the proposed registered user, 
subject to any conditions or restrictions which the Registrar thinks 
proper, would not be contrary to the public interest, the Registrar 
may register the proposed registered user as a registered user in 
respect of the goods subject as mentioned above. 
(2) Any decision of the Registrar under this section refus­
ing registration of a person as a registered user of a trade mark 
shall be subject to appeal to a Judge in Chambers. Re~stration as 
regtstered user. 
40. The Registrar shall if so required by an applicant take steps ~~~r not to 
to ensure that information given for the purposes of an applica- inform~tion!o . d . 37 (h h d . hR' ) trade nvals, if hon un er sectIOn ot er t an matter entere In t e eglster so required. 
is not disclosed to rivals in trade. 
41. (1) Without prejudice to the provisions of section 46 the PRow!!rof . . f' egtstrar to regIstratIOn 0 a person as a regIstered user- vary or ~cel 
regIStratIOn of 
(a) may be varied by the Registrar as regards the goods registered user. 
in respect of which, or any conditions or restrictions 
subject to which, it has effect, on the application in 
writing in the prescribed manner of the registered 
proprietor of the trade mark to which the registra-
tion relates; 
(b) may be cancelled by the Registrar on the application 
in writing in the prescribed manner of the registered 
proprietor or of the registered user or of any other 
registered user of the trade mark; or 
(c) may be cancelled by the Registrar on the application 
in writing in the prescribed manner of any person on 
any of the following grounds: 
(i) that the registered user has used the trade 
mark otherwise than by way of the permitted 
use, or in such a way as to cause, or to be 
likely to cause, deception or confusion; No right of 
assignment or 
transmission in 
registered user. 
Proposed use of 
trade mark by 
corporation to 
be constituted, 
etc. IP/N/lITTO/TIl 
Page 29 
(ii) that the proprietor or the registered user mis­
represented, or failed to disclose, some fact 
material to the application for the registration, 
or that the circumstances have materially 
changed since the date of the registration; 
(iii) that the registration ought not to have been 
effected having regard to rights vested in the 
applicant by virtue of a contract in the per­
formance of which he is interested; or 
(d) may be cancelled by the Registrar in respect of any 
goods in relation to which the trade mark is no 
longer registered. 
(2) Any decision of the Registrar under the foregoing pro­
visions of this section shall be subject to appeal to a Judge in 
Chambers. 
(3) The Registrar shall notify the registration of a person as 
a registered user to any other registered user of the trade mark, 
and also notify any application under subsection (1) to the regis­
tered proprietor and each registered user (not being the appli­
cant) of the trade mark, and shall give to the applicant on such an 
application, and to all persons to whom such an application is 
notified and who intervene in the proceedings in accordance with 
the rules, an opportunity of being heard. 
42. Nothing in this Act shall confer on a registered user of a 
trade mark any assignable or transmissible right to the use 
thereof. 
43. (1) No application for the registration of a trade mark in 
respect of any goods shall be refused, nor shall permission for 
such registration be withheld, on the ground only that it appear~ 
that the applicant does not use or propose to use the trade 
mark-
(a) if the Registrar is satisfied that a body corporate is 
about to be constituted, and that the applicant 
intends to assign the trade mark to the corporation 
with a view to the use thereof in relation to those 
goods by the corporation; or 
(b) if the application is accompanied by an application 
for the registration of a person as a registered user of 
the trade mark, and the Registrar is satisfied that the IP/N/1/TTO/TIl 
Page 30 
proprietor intends it to be used by that person in 
relation to those goods and the Registrar is also 
satisfied that the person will be registered as a regis­
tered user thereof immediately after the registration 
of the trade mark. 
(2) Section 35 shall have effect in relation to a trade mark 
registered under the power conferred by subsection (1) of this 
section, as if for the reference in section 35(1)(a) to intention on 
the part of an applicant for registration that a trade mark should 
be used by him there were substituted a reference to intention on 
his part that it should be used by the corporation or registered 
user concerned. 
(3) Where a trade mark is registered in respect of any goods 
under the power conferred by subsection (1) in the name of an 
applicant who relies on intention to assign to a corporation as 
mentioned above, then, unless the corporation has been 
registered as the proprietor of the trade mark in respect of those 
goods within a period of six months or within such further period 
not exceeding six months as the Registrar may allow, the 
registration shall cease to have effect in respect thereof at the 
expiration of that period, and the Registrar shall amend the 
Register accordingly. 
44. (1) Where under this Act use of a registered trade mark is 
required to be proved for any purpose, the Court or the Registrar 
may, if and so far as the Court or the Registrar thinks right, 
accept use of an associated registered trade mark, or of the trade 
mark with additions or alterations not substantially affecting its 
identity, as an equivalent for the use required to be proved. 
(2) The use of the whole of a registered trade mark shall for 
the purposes of this Act be deemed to be also a use of any 
registered trade mark, being a part thereof, registered in the 
name of the same proprietor by virtue of section 26(1). 
45. The application in Trinidad and Tobago of a trade mark to 
goods to be exported from Trinidad and Tobago, and any other 
act done in Trinidad and Tobago in relation to goods to be so 
exported which, if done in relation to goods to be sold or other­
wise traded in within Trinidad and Tobago, would constitute use 
of a trade mark therein, shall be deemed to constitute use of the 
trade mark in relation to those goods for any purpose for which 
such use is material under this Act or at common law. Use of one of 
associated or 
substantially 
identical trade 
marks 
equivalent to 
use of another. 
Use of trade 
mark for expon 
trade. General power 
to rectify entries 
in register. 
Schedule. 
Power to 
expunge or vary 
registration for 
breach of 
condition. 
Correction of 
register. RECTIFICATION AND CORRECTION OF REGISTER IPlNllITTO/TIl 
Page 31 
46. (1) Subject to the Schedule, the Court may on the applica­
tion in the prescribed manner of any person aggrieved by the 
non-insertion in or omission from the Register of any entry or by 
any entry made in the Register without sufficient cause, or by any 
entry wrongly remaining on the R~gister, or by any error or defect 
in any entry in the Register, make such order for making, expung-
ing or varying such entry as it may think fit. . 
(2) In case of fraud in the registration, assignment or 
transmission of a registered trade mark, the Registrar may himself 
apply to the Court under this section. 
(3) Any order of the Court rectifying the Register shall 
direct that notice of the rectification shall be served in the pre­
scribed manner on the Registrar, and the Registrar shall on 
receipt of the notice rectify the Register accordingly. 
(4) The power to rectify the Register conferred by this 
section shall include power to remove a registration in Part A of 
the Register to Part B. 
47. The Court may, on application by any person aggrieved, or 
on application by the Registrar, make such order as it may think 
fit for expunging or varying the registration of a trade mark on the 
ground of any contravention of, or failure to observe, a condition 
entered on the Register in relation thereto. 
48. (1) The Registrar may on request, made in the prescribed 
manner by the registered proprietor or by some person entitled 
by law to act in his name-
(a) correct any error in the name, address or description 
of the registered proprietor of a trade mark; 
(b) enter any change in the name, address or description­
of the person who is registered as proprietor of a 
trade mark; 
(c) cancel the entry of a trade mark on the Register; 
(d) strike out any goods or classes of goods from those in 
respect of which a trade mark is registered; or 
(e) enter a disclaimer or memorandum relating to a 
trade mark which does not in any way extend the 
rights given by the existing registration of the trade 
mark. IP/N/lITTO/TIl 
Page 32 
(2) The Registrar may, on request made by a registered 
user of a trade mark, correct any error, or enter any change, in 
the name, address or description of the registered user. 
(3) Any decision of the Registrar under this section shall be 
subject to appeal to a Judge in Chambers. 
49. (1) The registered proprietor of a trade mark may apply in 
the prescribed manner to the Registrar for leave to add to or alter 
the trade mark in any manner not substantially affecting the 
identity thereof, and the Registrar may refuse leave or may grant 
it on such terms and subject to such limitations as he may think 
fit. 
(2) The Registrar may cause an application under this sec­
tion to be advertised in the prescribed manner in any case where 
it appears to him that it is expedient to do so, and where he does 
so, if within the prescribed time from the date of the advertise­
ment any person gives notice to the Registrar in the prescribed 
manner of opposition to the application, the Registrar shall, after 
hearing the parties if so required, decide the matter. 
(3) Any decision of the Registrar under this section shall be 
subject to appeal to a Judge in Chambers. 
( 4) Where leave as mentioned above is granted, the trade 
mark as altered shall be advertised in the prescribed manner, 
unless it has already been advertised, in the form to which it has 
been altered, in an advertisement under subsection (2). 
CERTIFICATION TRADE MARKS 
50. (1) A mark adapted in relation to any goods to distinguish 
in the course of trade goods certified by any person in respect of 
origin, material, mode of manufacture, quality, accuracy or other 
characteristic, from goods not so certified shall be registrable as a 
certification trade mark in Part A of the Register in respect of 
those goods in the name, as proprietor thereof, of that person; 
but a mark shall not be so registrable in the name of a person who 
carries on a trade in goods of the kind certified. 
(2). In determining whether a mark is adapted to distinguish 
as mentioned above, the Registrar may have regard to the extent 
to which-
(a) the mark is inherently adapted to distinguish as 
mentioned above in relation to the goods in 
question; and Alteration of 
registered trade 
mark. 
Certification 
trade marks. (b) by reason of the use of the mark or of any other 
circumstances, the mark is in fact adapted to 
distinguish as mentioned above in relation to the 
goods in question. 
(3) Subject to subsections (4), (5) and (6), and to sections 8 
and 12, the registration of a person as proprietor of a certification 
trade mark in respect of any goods shall, if valid, give to fhat 
person the exclusive right to the use of the trade mark in relation 
to those goods, and, without prejudice to the generality of the 
foregoing words, that right shall be deemed to be infringed by any 
person who, not being the proprietor of the trade mark or a 
person authorised by him under the regulations in that behalf 
using it in accordance therewith, uses a mark identical with it or 
so nearly resembling it as to be likely to deceive or cause confu­
sion, in the course of trade, in relation to any goods in respect of 
which it is registered, and in such a manner as to render the use of 
the mark likely to be taken either-
(a) as being used as a trade mark; or 
(b) in a case in which the use is use upon goods or in 
physical relation thereto or in an advertising circular 
or other advertisement issued to the public, as 
importing a reference to some person having the 
right either as proprietor or by his authorisation 
under the relevant regulations to use the trade mark 
or the goods certified by the proprietor. 
(4) The right to the use of a certification trade mark given 
by registration as mentioned above shall be subject to any 
conditions or limitations entered on the Register, and shall not be 
deemed to be infringed by the use of any such mark as mentioned 
above in any mode, in relation to goods to be sold or otherwise 
traded in in any place, in relation to goods to be exported to any 
market, or in any other circumstances, to which, having regard to 
any such limitations, the registration does not extend. 
(5) The right to the use of a certification trade mark given 
by registration as mentioned above shall not be deemed to be 
infringed by the use of any such mark as mentioned above by any 
person-
(a) in relation to goods certified by the proprietor of the 
trade mark if, as to those goods or a bulk of which 
they form part, the proprietor or another in accord­
ance with his authorisation under the relevant 
regulations has applied the trade mark and has not IP/N/1/TTO/T/l 
Page 33 IP!N1l ITTO/T Il 
Page 34 
subsequently removed or obliterated it, or the 
proprietor has at any time expressly or impliedly 
consented to the use of the trade mark; or 
(b) in relation to goods adapted to form part of, or to be 
accessory to, other goods in relation to which the 
trade mark has been used without infringement of 
the right given as mentioned above or might for the 
time being be so used, if the use of the mark is 
reasonably necessary in order to indicate that the 
goods are so adapted and neither the purpose nor the 
effect of the use of the mark is to indicate otherwise 
than in accordance with the fact that the goods are 
certified by the proprietor; 
but paragraph (a) shall not have effect in the case of use consisting 
of the application of any such mark as mentioned above to any 
goods, notwithstanding that they are such goods as are mentioned 
in that paragraph, if such application is contrary to the relevant 
regulations. 
(6) Where a certification trade mark is one of two or more 
registered trade marks that are identical or nearly resemble each 
other, the use of any of those trade marks in exercise of the right 
to the use of that trade mark given by registration shall not be 
deemed to be an infringement of the right so given to the use of 
any other of those trade marks. 
(7) There shall be deposited with the Registrar in respect of 
every trade mark registered under this section regulations 
approved by the Registrar for governing the use thereof, which 
shall include provisions as to the cases in which the proprietor is 
to certify goods and to authorise the use of the trade mark, and 
may contain any other provisions that the Registrar may require 
or permit to be inserted therein. 
(8) A certification trade mark shall not be assignable or 
transmissible otherwise than with the consent of the Registrar. 
(9) The provisions of the Schedule shall have effect with Schedule. 
respect to the registration of a mark under this section and to 
marks so registered. 
RULES AND FEES 
51. (1) The Minister, subject to negative resolution of Parlia- ~~~r to make 
ment, may make such rules as he considers expedient- [45 of 1979]. IPINIl/TTO/TIl 
Page 35 
(a) for regulating the practice under this Act, including 
the service of documents; 
(b) for classifying goods for the purposes of registration 
of trade marks and for empowering the Registrar to 
amend the Register so far as may be requisite for the 
purpose of adapting the entries therein to any 
amended or substituted classification that may be 
prescribed; 
(c) for prohibiting the registration of any mark on the 
grounds of morality, public policy or other good and 
sufficient reason; 
(d) for making or requiring duplicates of trade marks 
and other documents; 
(e) prescribing anything (including forms) which is 
required to be, or may be, prescribed under this Act 
and any other forms which he may consider neces­
sary for the purposes of this Act; 
(f) generally for regulating the business of the Registrar 
General's Office in relation to trade marks and all 
things by this Act placed under the direction or con­
trol of the Registrar. 
(2) Rules made under this Act shall while in force be of the 
same effect as if they were contained in this Act. 
Fees. 52. There shall be paid in respect of applications and other 
Hearing before 
exercise of 
Registrar'S 
discretion. 
Power of 
Registrar to 
award costs. matters under this Act such fees as may be prescribed. 
POWERS AND DUTIES 0]2' REGISTRAR 
53. Where any discretionary or other power is given to the 
Registrar by this Act or the rules, he shall not exercise that power 
adversely to the applicant for registration or the registered pro­
prietor of the trade mark in question without (if duly required to 
do so within the prescribed time) giving to the applicant or regis­
tered proprietor an opportunity of being heard. 
54. In all proceedings before the Registrar under this Act, the 
Registrar shall have power to award to any party such costs as he 
may consider reasonable, and to direct how and by what parties 
they are to be paid, and any such order may, by leave of the 
Court, be enforced in the same manner as a judgment or order of 
the Court to the same effect. IP/NI1/TTO/TI 1 
Page 36 
LEGAL PROCEEDINGS AND ApPEALS 
55. In all legal proceedings related to a registered trade mark Regis~ation .10 
(including applications under section 46) the fact that a person is ~~~=!fae 
registered as proprietor of the trade mark shall be prima facie valIdity. 
evidence of the validity of the original registration of the trade 
mark and of all subsequent assignments and transmissions 
thereof. 
56. In any legal proceeding in which the validity of the registra- ~j~te of 
tion of a registered trade mark comes into question and is decided 
in favour of the proprietor of the trade mark, the Court may 
certify to that effect, and if it so certifies then in any subsequent 
legal proceeding in which the validity of the registration comes 
into question the proprietor of the trade mark on obtaining a final 
order or judgment in his favour shall have his full costs, charges 
and expenses as between solicitor and client, unless in the subse-
quent proceeding the Court certifies that he ought not to have 
them. 
57. In all proceedings before the Court under this Act the costs ~~~t~~ in 
of the Registrar shall be in the discretion of the Court, but the tree~gs 
Registrar shall not, except in a case in which he has appeared in andO~~ym~~'of 
the proceedings, be ordered to pay the costs of any other of the ~~~far. 
parties. 
58. In any action or proceeding relating to a trade mark or ~r:.d~ob~ge. 
trade name the Court shall admit evidence of the usages of the con;idered. 
trade concerned and of any relevant trade mark or trade name or 
get-up legitimately used by other persons. 
59. (1) In any legal proceeding in which the relief sought ~;~~t:::cse in 
includes alteration or rectification of the Register, the Registrar proce~dings • . IIlvolvmg shall have the nght to appear and be heard and shall appear If so rectification. 
directed by the Court. 
(2) Unless otherwise directed by the Court, the Registrar in 
lieu of appearing and being heard, may submit to the Court a 
statement in writing signed by him stating the grounds of any 
decision given by him. 
(3) The Court in dealing with any question of the 
rectification of the Register (including all applications under sec­
tion 46) shall have power to review any decision of the Registrar 
relating la the entry in question or the correction sought to be 
made. Discretion of 
court in 
appeals. 
Procedure in 
cases of option 
to apply to 
Court or 
Registrar. 
Mode of giving 
evidence. 
Evidence of 
entries in 
register. 
Evidence of 
thin$S done by 
RegIStrar. IP/N/I/TTO/TIl 
Page 37 
60. In any appeal from a decision of the Registrar to the Court 
or a Judge in Chambers under this Act, the Court or Judge in 
Chambers shall have and exercise the same discretionary powers 
as under this Act are conferred upon the Registrar. 
61. Where under any of the foregoing provisions of this Act an 
applicant has an option to make an application either to the Court 
or to the Registrar-
(a) if an action concerning the trade mark in question is 
pending, the application must be made to the Court; 
(b) if in any other case the application is made to the 
Registrar, he may, at any stage of the proceedings, 
refer the application to the Court, or he may, after 
hearing the parties, determine the question between 
them, subject to appeal to the Court. 
EVIDENCE 
62. (1) In any proceeding under this Act before the Registrar 
the evidence shall be given by statutory declaration in the absence 
of directions to the contrary, but in any case in which the Regis­
trar thinks it right to do so, the Registrar may take evidence viva 
voce in lieu of or in addition to evidence by declaration. Any such 
statutory declaration may in the case of appeal be used before the 
Court in lieu of evidence by affidavit, but if so used shall have all 
the incidents and consequences of evidence by affidavit. 
(2) In case any part of the evidence is taken viva voce, 
the Registrar shall, in respect of requiring the attendance of wit­
nesses and taking evidence on oath, be in the same position in all 
respects as a Judge of the High Court. 
63. (1) A printed or written copy of any entry in the Register, 
purporting to be certified by the Registrar and sealed with the seal 
of the Registrar General, shall be admitted in evidence in all 
Courts and in all proceedings without further proof or production 
of the original. 
(2) Any person requiring such a certified copy as aforesaid 
shall be entitled to obtain it on payment of the prescribed fee. 
64. A certificate purporting to be under the hand of the Regis­
trar as to any entry, matter or thing that he is authorised by this IP/N/1/TTO/TIl 
Page 38 
Act or the rules to make or do shall be prima facie evidence of the 
entry having been made, and of the contents thereof, and of the 
matter or thing having been done or not done. 
OFFENCES 
65. Any person who makes or causes to be made a false entry in 
the Register, or a writing falsely purporting to be a copy of an entry 
in the Register, or produces or tenders or causes to be produced or 
tendered in evidence any such writing, knowing the entry or writing 
to b~ false, is liable to imprisonment for two years. 
66. (1) Any person who makes a representation-
(a) with respect to a mark not being a registered trade 
mark, to the effect that it is a registered trade mark; 
or 
(b) with respect to a part of a registered trade mark not 
being a part separately registered as a trade mark, to 
the effect that it is so registered; or 
(e) to the effect that a registered trade mark is regis­
tered in respect of any goods in respect of which it is 
not registered; .Of 
(d) to the effect that the registration of a trade mark 
gives an exclusive right to the use thereof in any 
circumstances in which, having regard to limitations 
entered on the Register, the registration does not give 
that right, 
is liable on summary conviction to a fine of seven hundred and 
fifty dollars. -
(2) For the purposes of this section, the use in Trinidad and 
Tobago in relation to a trade mark of the word "registered" or of 
any other word referring, whether expressly or impliedly, to regis­
tration, shall be deemed to import a reference to registration in 
the Register, except-Falsification of 
entries in 
register. 
Flne for falsely 
representing a 
trade mark as 
registered. 
(a) where that word is used in physical association with 
other words delineated in characters at least as large 
as those in which the word is delineated and indi­
cating that the reference is to registration as a trade 
mark under the law of a country outside Trinidad 
and Tobago, being a country under the law of which 
the registration referred to is in fact in force; Change of form 
of trade 
connection not 
to be deemed to 
cause 
deception. 
Jointly owned 
trade marks. 
Trusts and 
equities. 
Recognition of 
agents. IPINIl/TTO/T/1 
Page 39 
(b) where that word (being a word other than the word 
"registered") is of itself such as to indicate that the 
reference is to such registration as last mentioned 
above; or 
(c) where that word is used in relation to a mark regis­
tered as a trade mark under t~e law of the country 
outside Trinidad and Tobago and in relation to 
goods to be exported to that country. 
MISCELLANEOUS 
67. The use of a registered trade mark in relation to goods 
between which and the person using it any form of connection in 
the course of trade subsists, shall not be deemed to be likely to 
cause deception or confusion on the ground only that the trade 
mark has been, or is, used in relation to goods between which and 
that person or a predecessor in title of his a different form of 
connection in the course of trade subsisted or subsists. 
68. Where the relations between two or more persons 
interested in a trade mark are such that no one of them is entitled 
as between himself and the other or others of them to use it 
except-
(a) on behalf of both or all of them; or 
(b) in relation to an article with which both or all of 
them are connected in the course of trade, 
those persons may be registered as joint proprietors of the trade 
mark, and this Act shall have effect in relation to any rights to the 
use of the trade mark vested in those persons as if those rights had 
been vested in a single person. 
Subject as menti_oned above, nothing in this Act shall authorise 
the registration of two or more persons who use a trade mark 
independently, or propose so to use it, as joint proprietors 
thereof. 
69. (1) There shall not be en tered in the Register any notice of 
any trust express, implied or constructive, nor shall any such 
notice be receivable by the Registrar. 
(2) Subject to the provisions of this Act, equities in respect 
of a trade mark may be enforced in like manner as in respect of 
any other personal property. 
70. Where by this Act any act has to be done by or to any 
person in connection with a trade mark or proposed trade mark IPfNllITTO/T/l 
Page 40 
or any procedure relating thereto, the act may under and in 
accordance with the rules, be done by or to an agent of that 
person duly authorised in the prescribed manner. 
71. Any reference in any written law to the provisions relatIng ~ri~~~~nl';! ~~ 
to trade marks (repealed by this Act) formerly contained in the Pat,:ots. . . d DesIgns and Patents, DeSIgns and Trade Marks OrdInance shall be rea as Trade Marks 
f . t th' A t Ordinance. re ernng 0 IS C. Ch. 31 No. 18. 
(1950 Ed.). 
VALIDITY OF REGISTRATIONS UNDER PREVIOUS ORDINANCE 
72. The Register of Trade Marks existing at the date of the !:fc~xt'~~ion 
commencement of this Act shall be incorporated with and form pgis~r with 
part of Part A of the Register. Subject to sections 8, 15 and 73 of an . 
this Act the validity of the original entry of any trade mark upon 
the Register so incorporated shall be determined in accordance 
with the Ordinance in force at the date of such entry and such 
trade mark shall retain its original date, but for all other purposes 
it shall be deemed to be a trade mark registered under this Act. 
73. No trade mark which was upon the Register at the com- ;:~~rabr:k 
men cement of this Act and which under this Act is a registrable under this Abetl . not rem ova e trade mark shall be removed from the RegIster on the ground on certain 
that it was not registrable under the Ordinance in force at the grounds. 
date of registration. But nothing in this section shall subject any 
person to any liability in respect of any act or thing done before 
the commencement of this Act to which he would not have been 
subject under the Ordinance then in force. 
74. Nothing in this Act shall be taken to have invalidated the 
original registration of a tr~de mark that immediately before the 
commencement of this Act was validly in the Register of Trade 
Marks existing at the commencement of this Act. 
75. Where a person is registered as a registered user of a trade 
mark on an application made within one year from the com­
mencement of this Act, section 37(2) shall have effect in relation 
to any previous use (whether before or after the commencement 
of this Act) of the trade mark by that person, being use in relation 
to the goods in respect of which he is registered and, where he is 
registered subject to conditions or restrictions, being use such as 
to comply substantially therewith, as if such previous use had 
been permitted use. Nothing in this 
Aet to 
invalidate 
registration of 
trade mark 
previously 
made. 
Previous use of 
a trade mark by 
person 
becoming 
registered user. Arrangements 
with 
Convention 
countries. 
[46 of 1979]. INTERNATIONAL AND INTER-COMMONWEALTH 
ARRANGEMENTS IPIN/lITTO/TIl 
Page 41 
76. (l)(a) Any person who has applied for protection for any 
trade mark in a Convention country or his legal representative or 
assignee, is entitled to registration of his trade mark under this 
Act in priority to other applicants; and the registration shall take 
effect from the same date as the date of the application in the 
Convention country. 
(b) This section shall not apply unless the application for 
protection in Trinidad and Tobago is made within six months 
from the date of the application in the Convention country. .: 
(c) Nothing in this section shall entitle the proprietor of 
the trade mark to recover damages for infringements happening 
prior to the actual date on which his trade mark is registered in 
Trinidad and Tobago. 
(2) The trade mark shall not be invalidated by reason only 
of the use thereof in Trinidad and Tobago during the period 
specified in this section as that within which the application may 
be made. 
(3) The application for the registration of a trade mark 
under this section shall be made in the same manner, and subject 
to the payment of the same fees, as an ordinary application under 
this Act. 
( 4) Where a person has applied for protection for any trade 
mark by an application which-
(a) in accordance with the terms of a treaty subsisting 
between any two or more Convention countries, is 
equivalent to an application duly made in anyone of 
those Convention countries; or 
(b) in accordance with the law of any Convention 
country, is equivalent to an application duly made in 
that Convention country, 
he shall be deemed for the purposes of this section to have 
applied in that Convention country. 
(5) In this section the expression" Convention Country" 
means a country in the case of which there is for the time being in 
force an Order made by the President with a view to the 
fulfilment of the obligations of Trinidad and Tobago under the 
Convention declaring that that country is a Convention country; 
and with respect to any country such declaration might extend to IPINIlITTO/TI1 
Page 42 
all or to only some of the provisions of this Act, and where a 
declaration is in force for some (but not all) of the provisions of 
this Act with respect to any country that country shall be con­
sidered a Convention country for the purposes of those provisions 
only. 
;'/7. (1) Whenever it appears to the President that the Legisla- ~~hangements 
ture of any Commonwealth Country not being a Convention Comm.onwealth 
country has made satisfactory provision for the protection in such ~~te~ not 
country of trade marks registered in Trinidad and Tobago, the ~:t~~~n 
President may by order apply all or any of the provisions of 
section 76 relating to the protection of trade marks registered in a 
Convention country, with such variations or additions, if any, as 
he thinks fit, to trade marks registered in such Commonwealth 
Country . 
. (2) An order made under this section shall, from a date to 
be mentioned for the purpose in the order, take effect as if its 
provisions had been contained in this Act. 
RESTRAINT OF USE OF ARMS OF TRINIDAD AND TOBAGO 
78. (1) No person shall adopt in connection with any trade Restr~nt of use • •• • ' of natIOnal coat busmess, professIOn or callmg, as a trademark or otherwise, any of arms, etc. 
mark consisting of, or so nearly resembling as to be likely to be [45 of 1979]. 
mistaken for-
(a) the Coat of Arms of Trinidad and Tobago; 
(b) the flag of Trinidad and Tobago; 
(c) the standard, arms or crest of the Presid~nt; 
(d) any word or symbol likely to lead to the belief that 
the goods or services in association with which it is 
used have received or are produced, sold or per­
formed under presidential or governmental patron­
age, approval or authority. 
(2) Where it is made to appear to the Court that any act has 
been done contrary to this section, the Court may make any such 
Order as the circumstances require including provision for relief 
by way of injunction and the recovery of damages or profits, and 
may give directions with respect to the disposition of any offend­
ing wares, packages, labels and advertising material and of any 
dies used in connection therewith. Repeal and 
saVings. REPEAL AND SA VlNGS IP /NIlITTO/T 11 
Page 43 
79. (1) The Patents, Designs and Trade Marks Ordinance is 
hereby repealed so far as the same relates to trade marks. 
(2) Nothing in this Act shall affect any order, rule or 
requirement made, table of fees or certificate issued, notice, de­
cision, determination, direction or approval given, application 
made, or thing done, under any written law repealed by this Act; 
and every such order, rule, direction, approval, application or 
thing shall, if in force at the commencement of this Act, continue 
in force and shall, so far as it could have been made, issued, given 
or done under this Act, have effect as if made, issued, given or 
done under the corresponding written law of this Act. 
(3) Any document referring to any written law repealed by 
this Act shall be construed as referring to the corresponding writ­
ten law of this Act. 
SCHEDULE 
CERTIFICATION TRADE MARKS 
1. (1) An application for the registration of a mark under 
section 50 of this Act must be made to the Registrar in writing in 
the prescribed manner by the person proposed to be registered as 
the proprietor thereof. 
(2) The provisions of section 19(2), (4), (5), (6) and (7) of 
this Act shall have effect in relation to an application under the 
said section 50 as they have effect in relation to an application 
under section 19(1). 
(3) In dealing under the said provisions with an application' 
under section 50, the Registrar (or Judge in Chambers, as the 
case may be) shall have regard to the like considerations, so far as 
relevant, as if the application were an application under section 
19 of this Act and to any other considerations relevant to applica­
tions under section 50, including the desirability of securing that a 
certification trade mark shall comprise some indication that it is 
such a trade mark, and also to the following matters: 
(a) whether the applicant is competent to certify the IP/N/I/TTO/T/l 
Page 44 
goods in respect of which the mark is to be 
registered; 
(b) whether the draft regulations are satisfactory; and 
(c) whether in all circumstances the registration applied 
for would be to the public advantage. 
(4) An applicant for the registration of a trade mark under 
section 50 shall transmit to the Registrar draft regulations for 
governing the use thereof at such time before the decision of the 
Registrar as he may require in order to enable him to consider the 
draft. 
2. Where an application has been accepted, the Registrar 
shall, as soon as may be after such acceptance, cause the applica­
tion as accepted to be advertised in the prescribed manner, and 
sections 21 and 22 of this Act shall have effect in relation to the 
registration of the mark as if the application had been an applica­
tion under section 19 of this Act. 
3. (1) The regulations deposited in respect of a certification 
trade mark may, on the application of the registered proprietor 
be altered by the Registrar. 
(2) The Registrar may cause an application for an amend­
ment of the regulations to be advertised in any case where it 
appears to him that it is expedient so to do, and, where he causes 
an application to be advertised, if within one month from the date 
of the advertisement any person gives notice to him of opposition 
to the application, he shall not decide the matter without giving 
the parties an opportunity to be heard. 
4. (1) The Registrar may, on the application in the prescribed 
manner of any person aggrieved, make such order as he thinks fit 
for expunging or varying any entry in the Register relating to a 
certification trade mark, or for varying the deposited regulations, . 
on the ground-
(a) that the proprietor is no longer competent, in the 
case of any of the goods in respect of which the trade 
mark is registered, to certify those goods; 
(b) that the proprietor has failed to observe a provision 
of the deposited regulations to be observed on his 
part; 
(c) that it is no longer to the public advantage that the 
trade mark should be registered; or 
(d) that it is requisite for the public advantage that, if the IP/N/1/TTO/TIl 
Page 45 
trade mark remains registered, the regulations 
should be varied. 
(2) The Register and the deposited regulations shall be 
rectified in such manner as may be requisite for giving effect to an 
order made under sub-paragraph (1). 
5. Any decision of the Registrar under paragraph 3 and any 
order of the Registrar under paragraph 4 of this Schedule shall be 
subject to appeal to a Judge in Chambers. 
6. Notwithstanding anything in section 54 of this Act, the 
Registrar shall not have any jurisdiction to award costs to or 
against any party on an appeal to him against a refusal of the 
proprietor of a certification trade mark to certify goods or to 
authorise the use of the trade mark. 
7. The following provisions of this Act shall not have effect in 
relation to a certification trade mark, that is to say, sections 5, 7, 
10, 19, 20, 21 and 22 (except as expressly applied by this 
Schedule), sections 29,30,31,35,36,37,38,39,40,41,42,43, 
67 and any provisions the operation of which is limited by the 
terms thereof to registration in Part B of the Register. IP/N/lITTO/TIl 
Page 46 
SUBSIDIARY LEGISLATION 
TRADE MARKS RULES 
ARRANGEMENT OF RULES 
RULE 
1. Citation. 
2. Interpretation. 
3. Fees. 
4. Forms. 
5. Classification of goods. 
6. Size, etc., of documents. 
7. Signature of documents by partnerships, companies and 
associations. 
8. Address. 
9. Address for service. 
10. Agency. 
11. Registrable trade marks. 
12. Royal Arms etc. 
13. Arms of city etc. 
14. Restraint of arms etc., of Convention countries. 
15. Living persons or persons recently dead. 
16. Name or description of goods on a trade mark. 
17. Form of application. Specification. 
18. Representation of mark. 
19. Additional forms and representations. 
20. Representations to be durable. 
21. Separate applications. 
22. Representations to be satisfactory. 
23. Specimens of trade marks in exceptional cases. 
24. Series of trade marks. 
25. Transliteration and translation. 
26. Search. 
27. Acceptance, absolute or conditional; objection. 
28. Registrar's objections. Hearing. 
29. Registrar's conditions, etc. Hearing. 
30. Decision of Registrar. 
31. Disclaimer. 
32. Application under section 36. 
33. Application under section 50. 
34. Authorisation to proceed. 
35., Case; draft regulations. 
36. Advertisement of application. 
37. Wood block or electrotype printing. 
38. Advertisement of series. 
39. Advertisement under section 22 or section 49. RULE 
40. Opposition. 
41. Notice of opposition. 
42. Counter-statement. 
43. Evidence in support of opposition. 
44. Evidence in support of application. 
45. Evidence in reply by opponent. 
46. Further evidence. 
47. Exhibits. 
48. Hearing. 
49. Extension of time. 
50. Security for costs. 
51. Costs in uncontested case. 
52. Opposition to application under section 50. 
53. Non-completion within twelve months. 
54. Entry in register. 
55. Associated marks. 
56. Death of applicant before registration. 
57. Renewal of registration. 
58.. Notice before removal of trade mark from register. 
59. Removal of trade mark from Register. 
60. Record of removal of mark. 
61. Joint application for entry of assignment or transmission. IPIN/1/TTOIT/1 
Page 47 
62. Application for entry of assignment or transmission by subse-
quent proprietor. 
63. Particulars to be stated in application. 
64. Case accompanying application. 
65. Proof of title. 
66. Application for entry of assignment without goodwill. 
67. Entry in register. 
68. Separate registrations. 
69. Registrar's certificate or approval as to certain assignments and 
transmissions. 
70. Registrar's directions for advertisement of assignment without 
goodwill of trade mark in use. 
71. Alteration of address in register. 
72. Application to rectify, or remove a trade mark from the register. 
73. Further procedure. 
74. Intervention by third parties. 
75. Applications under section 48(1). 
76. Evidence. 
77. Advertisement of certain applications. 
78. Certificates of validity to be noted. 
79. Alteration of registered mark. 
80. Advertisement before decision. 
81. Decision. 
Advertisement. 
N otifica tion. 
82. Advertisement illustration. IP/N/lITTO/TIl 
Page 48 
RULE 
83. Rectification of certification Trade Mark entries by the Regis-
trar. 
84. Alteration of regulations. 
85. Application for entry of Registered User. 
86. Entry and notification. 
87. Registered proprietor's application to vary entry. 
88. Application by registered proprietor of user to cancel entry. 
89. Application under section 41(1) par. (c) to cancel entry. 
90. Notification and hearing. 
91. Registered user's application under section 48(2). Cancellation 
by Registrar. 
92. Extension of time. 
93. Excluded days. 
94. Hearing. 
95. Application for hearing. 
96. Notice of hearing. 
97. Notification of decision. 
98. Dispensing with evidence. 
99. Amendment of documents. 
100. Certificates by Registrar. 
101. Marks registered without limitation of colour. 
102. Certificates for use in obtaining registration abroad. 
103. Manner in which, and person before whom declaration is to be 
taken. 
104. Notice of seal of officer taking declaration to prove itself. 
105. Application to Court. 
106. Order of Court. 
107. Publication of Order of Court. 
FIRST SCHEDULE. 
SECOND SCHEDULE. 
THIRD SCHEDULE. 
TRADE MARKS RULES 
made under section 51 
SHORT TITLE AND COMMENCEMENT 
1. These Rules may be cited as the Trade Marks Rules. 91/1956. 
[45 of 1979]. 
alation. Interpretation. 
Fees. 
First 
Schedule. 
Forms. 
Second 
Schedule. 
Oassification of 
goods. 
Third 
Schedule. 
Size, etc., of 
documents. INTERPRETATION 
2. In these Rules-IPINIl/TTO/TIl 
Page 49 
"agent" means an agent duly authorised to the satisfaction of the 
Registrar; 
"the Office" means the office of the Registrar; 
"specification" means the designation of goods in respect of 
which a trade mark, or a registered user of a trade mark, is 
registered or is proposed to be registered. 
FEES 
3. The fees to be paid in relation to trade marks shall be those 
prescribed in the First Schedule. 
FORMS 
4. The forms herein referred to are those contained in the 
Second Schedule and such forms shall be used in all cases to 
which they are applicable, and may be modified as directed by the 
Registrar to meet other cases. 
CLASSIFICATION OF GOODS 
5. For the purposes of trade marks registrations, and of regis­
trations of registered users thereunder, goods are classified in the 
manner appearing in the Third Schedule. 
DOCUMENTS 
6. Subject to any other directions that may be given by the 
Registrar, all applications, notices, statements, papers having rep­
resentations affixed or other documents authorised or required by 
the Act or these Rules to be made, left or sent, at or to the Office 
or with or to the Registrar, shall be upon strong paper and, except 
in the case of statutory declarations and affidavits, on one side 
only of a size of approximately thirteen inches by eight inches, 
and shall have on the left-hand part thereof a margin of not less 
than one inch and a half. IP/N/1/TTO/T/l 
Page 50 
7. (1) A. document pu~orting to be signed for or on be~alf of ~~%':;t~~y 
a partnershIp shall contam the names of all the partners m full panners,hips. d' 
and shall be signed by all the partners, or by any qualified partner ~~,::::~~:n 
stating that he signs on behalf of the partnership, or by any other 
person who satisfies the Registrar 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 Registrar that he is authorised to sign the 
document. 
(3) A document purporting to be signed for or on behalf of 
an association of persons may be signed by any person who 
appears to the Registrar to be duly qualified. 
ADDRESS 
8. (1) Where any person is by the Act or these Rules bound to Address. 
furnish the Registrar with an address, the address given shall in all 
cases be as full as possible, for the purpose of enabling any person 
easily to find the place of trade or business of the person whose 
address is given. 
(2) The Registrar may require the address to include the 
name of the street, and the number in the street or name of the 
premises, if any, 
9. (1) The Registrar may require an applicant, opponent or ~~~~ for 
agent, or a registered proprietor or registered user of a trade 
mark, who does not reside or carry on business within Trinidad 
and Tobago to give an address for service within Trinidad and 
Tobago, and such address may be treated as the actual address of 
that person for all purposes connected with the matter in 
question. 
(2) Any registered proprietor or registered user of a trade 
mark, or any person about to be registered as such, may, if he so 
desires, give, upon Form TM-No. 27 an address for service for 
entry in the Register, and such address may be entered by the 
Registrar. 
(3) All applications on Form TM-No. 27 under t4~ rule 
shall be signed by the applicant for registration or the registered IP/NIlITTO/TI 1 
Page 51 
proprietor or registered user, as the case may be, or by an agent 
expressly authorised by him for the purpose of such an applica­
tion, unless in exceptional circumstances the Registrar otherwise 
allows. 
(4) In any case in which no address for service is entered in 
the Register, the Registrar may treat the trade or business address 
of the registered .proprietor or registered user as therein entered 
as his address for service for all purposes connected with the 
registration. 
(5) Any written communication addressed to a party or 
person as mentioned above at an address given by him, or treated 
by the Registrar, as his address for service shall be deemed to be 
properly addressed. 
(6) The Registrar, at any time that a doubt arises as to the 
continued availability of an address for service entered in the 
Register, may request the person for whom it is entered, by letter 
addressed to his trade or business address in the Register, to 
confirm the address for service, and if within three months of 
making such a request the Registrar receives no confirmation of 
that address, he may strike it off the Register. 
AGENTS 
Agency. 10. (1) Except as otherwise required by these Rules, any appli-
cation, request or notice which is required or permitted by the 
Act or these Rules to be made or given to the Registrar, and all 
other communications between an applicant or a person making 
such a request or giving such a notice and the Registrar, and 
between the registered proprietor or a registered user of a trade 
mark and the Registrar or any other person, may be signed, made 
or given by or through an agent. 
(2) Any such applicant, person making request or giving 
notice, proprietor or registered user, may appoint an agent to act 
for him in any proceeding or matter before or affecting the Registrar 
under the Act and these Rules by signing and sending to the 
Registrar an authority to that effect in the Form TM-No. 1, or in 
such other written form as the Registrar may deem sufficient. In 
case of such appointment, service upon the agent of any docu­
ment relating to the proceeding or matter shall be deemed to be 
service upon the person so appointing him, all communications 
directed to be made to such person in respect of the proceeding or 
matter may be addressed to such agent, and all attendances upon IPIN/I/TTO/TIl 
Page 52 
the Registrar relating thereto may be made by or through such 
agent. In any particular case the Registrar may require the per­
sonal signature or presence of an applicant, opponent, proprietor, 
registered user or other person. 
(3) The Registrar shall not be bound to recognise as such 
agent any person who has been convicted of an offence or whose 
name has been struck off the Roll of Solicitors or who has been 
suspended from acting as a Solicitor. 
REGISTRABLE TRADE MARKS 
11. (1) The Registrar may refuse to accept any application for ~r:~a:;ks. 
the registration of a mark upon which any of the following 
appear: 
(a) the words "Patent", "Patented", "Registered", 
"Registered Design", "Copyright", "Entered at 
Stationers' Hall", "To counterfeit this is a forgery" , 
or words to like effect; 
(b) representations of the President or any colourable 
imitations thereof; 
(c) the words" Red Cross" or" Geneva Cross" , and rep­
resentations of the Geneva and other crosses in red, 
or of the Swiss Federal Cross in white on a red 
ground or silver on a red ground, or such representa­
tions in a similar colour or colours. 
(2) Where there appears in a trade mark the registration of 
which is applied for a representation of a cross in any colour, not 
being one of those mentioned in subrule I (e) , the Registrar may 
require the applicant as a condition of acceptance to undertake 
not to use the cross device in red, or in white on a red ground or 
silver on a red ground, or in any similar colour or colours. 
12. Representations of the Royal or Imperial Arms, crests, 
armorial bearings or insignia, or devices so nearly resembling 
them as to be likely to lead to mistake, or of the British Royal or 
Imperial crowns, or of the Royal, Imperial or National flags, or 
the words "Royal" or "Imperial" or any other words, letters or 
devices likely to lead persons to think that the applicant either has 
or recently has had Royal patronage or authorisation, or the 
word" Anzac" , may not appear on trade marks the registration of 
which is applied for. Royal Arms, 
etc. Arms of city, 
etc. . 
[45 of 1979J. 
Restraint of 
arms, etc., of 
convention 
countries. 
[45 of 1979J. 
living persons 
or persons 
recently dead. 
Name or 
description of 
goods on a 
trade mark. 
Form of 
application. 
Specification. IP/N/1/TTO/TIl 
Page 53 
13. Subject to the next following rule, where a representation 
of the armorial bearings, insignia, orders of chivalry, decorations 
or flags of any state, Colony, city, borough, town, place, society, 
body corporate, institution or person appears on a mark, the 
Registrar, before proceeding to register the mark, shall, if he so 
require, be furnished with a consent to the registration and use of 
such emblems from such official or other person as appears to the 
Registrar to be entitled to give consent, and in default of such 
consent he may refuse to register the mark .. 
14. The Registrar shall refuse to register any mark consisting 
of, or so nearly resembling as to be likely to be mistaken for, any 
national, territorial or civic flag, arms, crest or emblem or official 
control and guarantee stamp, notice of the objection to the use of 
which as a commercial device has been received by the Registrar 
pursuant to the provisions of the Convention except either with 
the consent of such person, authority, society or organisation as 
may be considered to have been intended to be protected by this 
rule or otherwise in accordance with the provisions of the 
Convention. 
15. Where the name or representation of any person appears 
on a trade mark, the Registrar shall, if he so require, before 
proceeding to register the mark be furnished with consent from 
him or, in the case of a person recently dead, from his legal 
representatives, and in default of such consent he may refuse to 
register the mark. 
16. (1) Where the name or description of any goods appears on 
a trade mark, the Registrar may refuse to register such mark in 
respect of any goods other than the goods so named or described. 
(2) Where the name or description of any goods appears on 
a trade mark, which name or description in use varies, the Regis­
trar may permit the registration of the mark for those and other 
goods, and in that case the applicant shall state in his application 
that the name or description will be varied when the mark is used 
upon goods covered by the specification other than the named or 
described goods. 
ApPLICATION FOR REGISTRATION OF A TRADE MARK 
SPECIFICATION 
17. (1) An application to the Registrar for the registration of a 
trade mark shall be signed by the applicant or his agent. For a IP/N/1/TTO/T/1 
Page 54 
trade mark other than a Certification or Defensive trade mark the 
application shall be made on Form TM-No. 2. For a 
Certification trade mark the application shall be made on Form 
TM-No.4 and for a Defensive trade mark the application shall 
be made on Form TM-No. 26. Each application shall be for 
registration in respect of goods in one class of the Third Schedule ~~ule. 
only. 
(2) Every application claiming priority under section 76 or 
77 by reason of an application to register the trade mark made or 
deemed to have been made in a Convention country as defined in 
Section 76 in a Commonwealth country not being a Convention 
country as defined in Section 77 which country shall be named, 
shall state the date of that application, and the applicant shall 
furnish a certificate by the Registrar or other registering authority 
of that country, or shall otherwise verify the application made or 
deemed to have been made therein to the satisfaction of the 
Registrar. 
(3) In the case of an application for registration in respect 
of all the goods included in a class, or of a large variety of goods, 
the Registrar may refuse to accept the application unless he is 
satisfied that the specification is justified by the use of the mark 
which the applicant has made, or intends to make if and when it is 
registered. 
18. (1) Every application for the registration of a trade mark ~t~~:k~tation 
shall contain a representation of the mark in the space provided 
on the application form for that purpose. 
(2) Where the representation exceeds such space in size the 
representation shall be mounted upon linen, tracing cloth or such 
other material as the Registrar may consider suitable. Part of the 
mounting shall be affixed in the space mentioned above and the 
rest may be folded. 
19. There shall be sent with every application for registration 
of a trade mark four additional representations of the mark. The 
representation of the mark on the application and the additional 
representations shall correspond exactly. Additional 
forms and 
representations. 
20. All representations of marks must be of a durable nature. ~e~edu~~~i~.ns 
21. Each application for the registration of the same mark in a ~~if~~ions. 
different class shall be treated as a separate and distinct applica-
tion, and in all cases where a trade mark is registered under the 
same official number for goods in more than one class, the regis-Representations 
to be 
satisfactory . 
Specimens of 
trade marks in 
exceptional 
cases. 
Series of trade 
marks. 
Transliteration 
and translation. IP/N/1ITTO/TI1 
Page 55 
tration in respect of the goods included in each separate class 
shall be deemed to be a separate registration for all the purposes 
of the Act. 
22. The Registrar, if dissatisfied with any representation of a 
mark, may at any time require another representation satisfactory 
to him to be substituted before proceeding with the application. 
23. (1) Where a drawing or other representation or specimen 
cannot be given in manner mentioned above, a specimen or copy 
of the trade mark may be sent either of full size or on a reduced 
scale, and in such form as the Registrar may think most 
convenient. 
(2) The Registrar may also, in exceptional cases, deposit in 
the Office a specimen or copy of any trade mark which cannot 
conveniently be shown by a representation, and may refer thereto 
in the Register in such manner as he may think fit. 
24. Where application is made for the registration of a series of 
trade marks under section 26(3), a representation of each trade 
mark of the series shall be included, all as mentioned above, in the 
application form. 
25. (1) Where a trade mark contains a word or words in 
characters other than Roman, there shall, unless the Registrar 
otherwise directs, be indorsed on the application form, a 
sufficient transliteration and translation to the satisfaction of the 
Registrar of each of such words, and every such indorsement shall 
state the language to which the word belongs and shall be signed 
by the applicant or his agent. 
(2) Where a trade mark contains a word or words in a 
language other than English, the Registrar may ask for an exact 
translation thereof together with the name of the language, and 
such translation and name, if he so requires, shall be indorsed and 
signed as mentioned above. 
PROCEDURE ON RECEIPT OF ApPLICATION FOR REGISTRATION 
OF A TRADE MARK 
Search. 26. Upon receipt of an application for the registration of a 
trade mark in respect of any goods the Registrar shall cause a 
search to be made, amongst the registered marks, and pending 
applications, for the purpose of ascertaining whether there are on 
. record in respect of the same goods or description of goods any IP/N/1/TTO/TIl 
Page 56 
marks identical with the mark applied for, or so nearly resembling 
it as to render the mark applied for likely to deceive or cause 
confusion, and the Registrar may cause the search to be renewed 
at any time before the acceptance of the application, but shall not 
be bound to do so. 
27. After such search, and consideration of the application, and 
of any evidence of use or of distinctiveness or of any other matter 
which the applicant mayor may be required to furnish, the Regis­
trar may accept the application absolutely, or he may object to it, 
or he may express his willingness to accept it subject to such 
conditions, amendments, disclaimer, modifications or limitations 
as he may think right to impose. 
28. If the Registrar objects to the application, he shall inform 
the applicant of his objections in writing, and unless within one 
month the applicant applies for a hearing or makes a considered 
reply in writing to those objections he shall be deemed to have 
withdrawn his application. 
29. (1) If the Registrar is willing to accept the application sub­
ject to any conditions, amendments, disclaimer, modifications or 
limitations, he shall communicate such willingness to the appli­
cant in writing, and, if the applicant objects to such conditions, 
amendments, disclaimer, modifications, or limitations he shall, 
within one month from the date of the communication apply for a 
hearing or communicate his considered objections in writing, and 
if he does not do so he shall be deemed to have withdrawn his 
application. 
(2) If the applicant does not object to such conditions, 
amendments, disclaimer, modifications or limitations, he shall 
forthwith notify the Registrar in writing, and alter his application 
accordingly. 
30. (1) The decision of the Registrar, at a hearing as in rule 28 
or rule 29, or without a hearing if the applicant has duly com­
municated his considered objections or considered reply, in writ­
ing, and has stated that he does not desire to be heard, shall be 
communicated to the applicant in writing, and if the applicant 
objects to such decision he may within one month by applying 
upon Form TM-No. 3 require the Registrar to state in writing 
the grounds of, and the materials used by him in arriving at, his 
decision. 
(2) In a case where the Registrar makes any requirements Acceptance, 
absolute or 
conditional 
objection. 
Registrar's 
objections. 
Hearing. 
Registrar's 
conditions, etc. 
Hearing. 
Decision of 
Registrar. Disclaimer. 
Application 
under 
Section 36. 
Application 
under 
section 50. 
Authorisation 
to proceed. IP/N/l/TTO/TIl 
Page 57 
to which the applicant does not object, the applicant shall comply 
therewith before the Registrar issues such statement in writing. 
The date when such statement is sent to the applicant shall be 
deemed to be the date of the Registrar's decision for the purpose 
of appeal. 
31. The Registrar may call on an applicant to insert in his 
application such disclaimer as the Registrar may think fit, in order 
that the public generally may understand what the applicant's 
rights, if his mark is registered, will be. 
DEFENSIVE TRADE MARKS 
32. (1) An application for the registration of a defensive trade 
mark under section 36 shall be made, addressed and sent to the 
Registrar on Form TM-No. 26, and shall be accompanied by a 
statement of case setting forth full particulars of the facts on 
which the applicant relies in support of his application, verified by 
a statutory declaration made by the applicant or some other per­
son approved for the purpose by the Registrar. 
(2) The applicant may send with this declaration, or subse­
quently, such other evidence as he may desire to furnish, whether 
after request made by the Registrar or otherwise, and the Regis­
trar shall consider the whole of the evidence before deciding on 
the application. 
(3) In all other respects, and where they are appropriate 
and it is not otherwise stated, these Rules shall apply to such 
applications as they apply to applications for the registration of 
ordinary trade marks. 
CERTIFICA nON TRADE MARKS 
33. An application for the registration of a certification trade 
mark under section 50 shall be made to the Registrar upon Form 
TM-No. 4, and shall be accompanied by two duplicates of the 
application on un stamped copies of Form TM-No. 4, and by six 
additional representations of the trade mark. 
34. (1) These Rules shall apply to such applications as they 
apply to applications for the registration of ordinary trade marks, 
except that for references therein to acceptance of an application 
there shall be substituted references to authorisation to proceed 
with the application, and that the applicant shall not be deemed IP/NIlITTO/TIl 
Page 58 
to have abandoned his application if in the circumstances of 
rule 28 or rule 29 he does not apply for a hearing or reply in 
writing. 
(2) The address of an applicant to register a certification 
trade mark shall be deemed to be a trade or business address for 
all the purposes for which such an address is required by these 
Rules. 
35. (1) The applicant shall send to the Registrar with his appli­
cation or when required by the Registrar a case setting out the 
grounds on which he relies in support of his application together 
with draft regulations for governing the use of the mark and Form 
TM-No. 28, all being in duplicate. 
(2) The Registrar may communicate to the applicant any 
observations he may have to make on the sufficiency of the case 
or the suitability of the draft regulations and the applicant may 
modify either of those documents. 
ADVERTISEMENT OF ApPLICATION Case; draft 
regulations. 
36. (1) An application for the registration of a trade mark ~d:;;Ii~ti~~.t 
required or permitted to be advertised by section 20 or paragraph 
2 of the Schedule to the Act shall be advertised in the Gazette 
during such times and in such manner as the Registrar may direct. 
(2) In the case of an application with which the Registrar 
proceeds only after the applicant has lodged the written consent 
to the proposed registration of the registered proprietor of 
another trade mark or another applicant, the words "By Con­
sent" shall appear in the advertisement. 
(3) If no representation of the trade mark be included in 
the 'advertisement of the application, the Registrar shall refer in 
such advertisement to the place or places where a specimen or 
representation of the trade mark is deposited for exhibition. 
37. For the purposes of such advertisement the applicant may, 'i~;k or 
at the appropriate time, supply or be required to supply a printing ~rinJ::g. 
block (or more than one, if necessary) of the trade mark satisfac-
tory to the Registrar, of such dimensions as may from time to 
time be approved or directed by the Registrar, or shall supply 
such information or other means of advertising the trade mark as 
may be required by the Registrar; and the Registrar, if dissatisfied 
with the printing block supplied by the applicant or his agent, may 
require a fresh block before proceeding with the advertisement. Advertisement 
of series. 
Advertisement 
under 
section 22 or 
section 49. 
Opposition. 
Notice of 
opposition. 
Counter­
statement. 
Evidence in 
support of 
opposition. IPINIl/TTO/TIl 
Page 59 
38. When an application relates to a series of trade marks dif­
fering from one another in respect of the particulars mentioned in 
section 26(3), the applicant may be required to supply a printing 
block (or more than one if necessary) satisfactory to the Registrar 
of any or of each of the trade marks constituting the series; or the 
Registrar may, if he thinks fit, insert with the advertisement of the 
application a statement of the manner in which the several tr<\de 
marks differ from one another. 
39. Advertisements under sections 22(5), 49(2) and 49(4) shall 
mutatis mutandis be made in the same manner as advertisements 
relating to an application for registration. 
OPPOSITION TO REGISTRATION 
40. Any person may within three months from the date of any 
advertisement in the Gazette of an application for registration of a 
trade mark give notice on Form TM-No. 5 to the Registrar of 
opposition to the registration. 
41. (1) The notice shall include a statement of the grounds 
upon which the opponent objects to the registration. 
(2) If registration is opposed on the ground that the mark 
resembles marks already on the Register, the numbers of such 
trade marks and the numbers 'of the Gazette in which they have 
been advertised shall be set out. 
(3) The notice shall be accompanied by an unstamped dup­
licate which the Registrar will forthwith send to the applicant. 
42. (1) Within one month from the receipt of such duplicate 
the applicant shall send to the Registrar a counter-statement on 
Form TM-No. 6 setting out the grounds on which he relies as 
supporting his application. 
(2) The applicant shall also set out what facts, if any, 
alleged in the notice of opposition he admits. 
(3) The counter-statement shall be accompanied by an 
un stamped duplicate. 
43. Upon receipt of the counter-statement and duplicate the 
Registrar will forthwith send the duplicate to the opponent and 
within one month from the receipt of the duplicate the opponent 
shall leave with the Registrar such evidence by way of statutory IP/NIlITTO/TIl 
Page 60 
declaration as he may desire to adduce in support of his opposi­
tion and shall deliver to the applicant copies thereof. 
44. If an opponent leaves no evidence, he shall, unless the ~;de~~ln 
Registrar otherwise directs, be deemed to have abandoned his apptcation. 
0ppQsition but, if he does leave evidence, then, within one month 
from the receipt of the copies of declarations the applicant shall 
leave with the Registrar such evidence by way of statutory decla-
ration as he desires to adduce in support of his application and 
shall deliver to the opponent copies thereof. 
45. Within one month from the receipt by the opponent of the ~;~e~~ in 
copies of the applicant's declarations the opponent may leave opponent. 
with the Registrar evidence by satutory declaration in reply, and 
shall deliver to the applicant copies thereof. This evidence shall 
be confined to matters strictly in reply. 
46. No further evidence shall be left on either side but, in any ~~~~~e. 
proceedings before the Registrar, he may at any time if he thinks 
fit give leave to either the applicant or the opponent to leave any 
evidence upon such terms as to costs or otherwise as he may think 
fit. 
47. (1) Where there are exhibits to declarations filed in an Exhibits. 
opposition, copies or impressions of such exhibits shall be sent to 
the other party on his request and at his expense, or, if such 
copies or impressions cannot conveniently be furnished, the orig-
inals shall be left with the Registrar in order that they may be 
open to inspection. 
(2) The original exhibits shall be produced at the hearing 
unless the Registrar otherwise directs. 
48. (1) Upon completion of the evidence the Registrar shall Hearing. 
give notice to the parties of a date when he will hear the argu­
ments in the case. 
(2) Such appointment shall be for a date at least fourteen 
days after the date of the notice, unless the parties consent to a 
shorter notice. 
(3) Within seven days from the receipt of the notice any 
party who intends to appear shall so notify the Registrar on Form 
TM-No.7. 
(4) A party who receives notice as 'mentioned above and 
who does not, within seven days from the receipt thereof, so Extension of 
time. 
Security for 
costs. 
Costs in 
uncontested 
case. 
Opposition to 
application 
under 
section 50. 
Non­
completion 
within twelve 
months. IP/N/1/TTO/TIl 
Page 61 
notify the Registrar on Form TM-No. 7, may be treated as not 
desiring to be heard and the Registrar may act accordingly. 
49. Where in opposition proceedings any extension of time is 
granted to any party, the Registrar may thereafter, if he thinks fit, 
without giving the said party a hearing, grant any reasonable 
extension of time to any other party in which to take any subse­
quent step. 
50. Where a party giving notice of opposition or an applicant 
sending a counter-statement after receipt of a copy of such notice 
neither resides nor carries on business in Trinidad and Tobago, 
the Registrar may require him to give security, in such form as the 
Registrar may deem sufficient, for the costs of the proceedings 
before the Registrar, for such amount as to the Registrar may 
seem fit, and at any stage in the opposition proceedings may 
require further security to be given at any time before giving his 
decision in the case. 
51. In the event of an opposition being uncontested by the 
applicant, the Registrar in deciding whether costs should be 
awarded to the opponent shall consider whether proceedings 
might have been avoided if reasonable notice had been given by 
the opponent to the applicant before the notice of opposition was 
lodged. 
52. Within three months from the date of any advertisement in 
the Gazette of an application for the registration of a certification 
trade mark, any person may give notice to the Registrar on Form 
TM-No. 5 of opposition under paragraph 2 of the Schedule to 
the Act, and rules 41 to 51 shall apply to the proceedings 
thereon; in any case of doubt any party may apply to the Regis­
trar for directions. 
NON-COMPLETION 
53. (1) Where registration of a trade mark is not completed 
within twelve months from the date of the application by reason 
of default on the part of the applicant, the Registrar shall on 
Form TM-No. 8 give notice in writing to the applicant at his 
trade or business address of the non-completion, but if the ap­
plicant has authorised an agent for the purpose of the application 
he shall instead send the notice to the agent and shall send a 
duplicate thereof to the applicant. IP/NIlITTO/TIl 
Page 62 
(2) If after fourteen days from the date when the notice was 
sent, or such further time as the Registrar may allow, the registra­
tion is not completed, the application shall be deemed to be 
abandoned. 
ENTRY IN ,THE REGISTER, AND ASSOCIATED MARKS 
54. (1) As soon as may be after the expiration of three months 
from the date of the advertisement in the Gazette of any applica­
tion for the registration of a trade mark, the Registrar shall, sub­
ject to any opposition and the determination thereof, and subject 
to the provisions of section 23, enter the trade mark in the 
Register. 
(2) The entry of a trade mark in the Register shall give the 
date of the registration, the goods in respect of which it is regis­
tered, and all particulars mentioned in section 3(1), including 
both the trade or business address and the address for service (if 
an application on Form TM-No. 27 for the entry thereof has 
been approved), particulars of the trade, business, profession, 
occupation or other description of the proprietor, particulars of 
any undertakings by the proprietor entered on the form of appli­
cation, particulars affecting the scope of the registration or the 
rights conferred by the registration, and such other particulars as 
are prescribed. 
(3) In the case of an application as mentioned above which 
the Registrar accepts only after the applicant has lodged the 
written consent to the proposed registration of the registered 
proprietor of another trade mark or another applicant for 
registration, the above-mentioned entry in the Register shall state 
that it is "By Consent" and shall give the number of the previous 
registration or the application for registration. 
55. (1) Where a mark is registered as associated with any other 
mark or marks the Registrar shall note in the Register in 
connection with the first-mentioned mark the numbers of the 
marks with which it is associated and shall also note in the 
Register in connection with each of the associated marks the 
number of the first-mentioned mark as being a mark associated 
therewith. 
(2) An application by a registered proprietor under section 
32(5) to the Registrar to dissolve the association between two or 
more associated trade marks shall be made on Form TM-No. 16, 
and shall include a statement of the grounds of the application. Entry in 
register. 
Associated 
marks. Death'of 
applicant before 
registration. 
Renewal of 
registration. 
Notification of 
receipt of 
renewal fee. 
Notice before 
removal of 
trade mark 
from register. 
Removal of 
trade mark 
from Register. 
Restoration. 
Record of 
removal of 
mark. IPlNllITTO/TIl 
Page 63 
56. In case of the death of any applicant for the registration of a 
trade mark after the date of his application, and before the trade 
mark applied for has been entered in the Register, the Registrar, 
after the expiration of the prescribed period of advertisement and 
the determination of any opposition to the application, may, on 
being satisfied of the applicant's death, enter in the Register, in 
place of the name of such deceased applicant, the name, address 
and description of the person owning the trade mark, on such 
ownership being proved to the satisfaction of the Registrar. 
RENEWAL 
57. (1) At any time not more than six months before the ex­
piration of the last registration of a trade mark any person may 
leave at the Office a fee for the renewal of the registration of the 
mark upon Form TM-No. 9, and if he is not the registered 
proprietor, shall sign a statement on the Form that he is directed 
by the registered proprietor to pay the fee (if such be the case) 
and shall give his address. 
(2) Before taking any further step the Registrar may either 
(a) require the person leaving the fee to furnish within ten days an 
authority to pay the fee signed by the registered proprietor, and if 
he does not furnish such authority may return the fee and treat it 
as not received, or (b) communicate with the registered pro­
prietor stating that the fee has been received and that the registra­
tion will in due course be renewed. 
SS. At a date not less than one month and not more than two 
months before the expiration of the last registration of a mark, if 
no fee upon Form TM-No. 9 has been received, the Registrar 
shall notify the registered proprietor in writing of the approaching 
expiration. 
59. Where, at the expiration of the last registration of a trade 
mark the renewal fee has not been paid, the Registrar may 
remove the mark from the Register as of the date of the 
expiration of the last registration, but may, upon payment of the 
renewal fee upon Form TM-No. 9 together with a restoration 
fee upon Form TM-No. 10, restore the mark to the Register if 
, satisfied that it is just to do so, and upon such conditions as he 
may think fit to impose. 
60. Where a trade mark has been removed from the Register, 
the Registrar shall cause to be entered in the Register a record of 
the removal and of the cause thereof. IPINIl/TTO/TIl 
Page 64 
ASSIGNMENTS AND TRANSMISSIONS 
61. Where a person becomes entitled by assignment or trans­
mission to a registered trade mark he may, jointly with the regis­
tered proprietor, make application to the Registrar on Form 
TM-No. 12 to register his title. 
62. Where a person becomes entitled to a registered trade 
mark in the manner referred to in rule 61, and no joint applica­
tion as therein mentioned is made, he shall make application to 
the Registrar on Form TM-No. 13 to register his title. 
63. (1) An application under rule 61 or rule 62 shall contain 
the name, trade or business address and description of the person 
claiming to be entitled, together with full particulars of the 
instrument, if any, under which he claims, and such instrument 
shall be produced for inspection by the Registrar, preferably at 
the time of application. 
(2) The full names of all the partners in a partnership shall 
be given in the body of the application. 
(3) The Registrar may in any case require and retain an 
attested copy of any instrument produced for inspection in proof 
of title, but such copy shall not be open to public inspection. Joint 
application for 
entry of 
assignment or 
transmission. 
Application for 
entry of 
assignment or 
transmission by 
subsequent 
proprietor. 
Particulars to be 
stated in 
application. 
Copies of 
documents. 
64. (1) Where in the case of an applicatio? on Fo~ Tt1- ~mp~ying 
No. 12 or Form TM-No. 13 the person applymg for reglstratIOn application. 
of his title does not claim under any document or instrument 
which is capable in itself of furnishing proof of his title, he shall, 
unless the Registrar otherwise directs, either upon or with the 
application, state a case setting forth the full particulars of the 
facts upon which his claim to be proprietor of the trade mark is 
based, and showing that the trade mark has been assigned or 
transmitted to him. 
(2) If the Registrar so require, the case shall be verified by a 
statutory declaration on Form TM-No. 14. 
65. The Registrar may call on any person who applies to be 
registered as proprietor of a registered trade mark for such proof 
0, additional proof of title as he may require for his satisfaction. 
66. (1) An application under rule 61 or rule 62 relating to an 
assignment, on or after the commencement of the Act of a trade 
mark in respect of any goods shall state (a) whether the trade 
mark was, at the time of the assignment, used in a business in any Proof of title. 
Application for 
entry of 
assi grunent 
without 
goodwill. Entry in 
Register. 
Separate 
registrations. 
Registrar's 
certificate or 
approval as to 
certain 
assignments and 
transmissions. IP/N/lITTO/TIl 
Page 65 
of those goods and (b) whether the assignment was made other­
wise than in connection with the goodwill of that business, and, if 
both those circumstances subsisted, then the applicant shall leave 
with the Registrar a copy of the Registrar's directions, to adver­
tise the assignment, obtained upon application under section 31 
and rule 70, and such proof, including copies of advertisements or 
otherwise, as the Registrar may require that his directions have 
been fulfilled; and if the Registrar is not satisfied that the direc­
tions have been fulfilled, he shall not proceed with the applica­
tion. 
(2) For the purposes of section 43(3), the period within 
which a corporation may be registered as the subsequent pro­
prietor of a registered trade mark, upon application made under 
rule 61 or rule 62, shall be six months from the date of advertise­
ment in the Gazette of the registration of the trade mark or such 
further period not exceeding six months as the Registrar may 
allow, on application being made to him on Form TM-No. 11 by 
the applicant for registration of title or the registered proprietor, 
as the case may be, at any time before or during the period for 
which the extension can be allowed. 
67. When the Registrar is satisfied as to the title of the person 
claiming to be registered, he shall cause him to be registered as 
proprietor of the trade mark in respect of the relevant goods, and 
shall enter in the Register his name, trade or business address and 
description and particulars of the assignment or transmission. 
68. Where pursuant to an application under rule 61 or rule 62, 
and as the result of a division and separation of the goods of a 
registration or a division and separation of places or markets, 
different persons become registered separately under the same 
official number as subsequent proprietors of a trade mark, each of 
the resulting separate registrations in the names of those different 
persons shall be deemed to be a separate registration for all the 
purposes of the Act. 
69. (1) Any person who desires to obtain the Registrar's 
certificate under section 29(2), or his notification of approval 
under section 30(1), or under section 73, shall send to the Regis­
trar, with his application on form TM-No. 31 or No. 32, as the 
case may be, a statement of case in duplicate setting out the 
circumstances, and a copy of any instrument or proposed instru­
ment effecting the assignment or transmission. 
(2) The Registrar may call for any evidence of further 
information that he considers necessary, and the statement of IP/N/lITTO/TIl 
Page 66 
case shall be amended if required to include all the relevant cir­
cumstances and shall if required be verified by a statutory decla­
ration. 
(3) The Registrar, after hearing if so required the applicant 
and any other person whom the Registrar may consider to be 
interested in the transfer, shall consider the matter and issue a 
certificate thereon or a notification in writing of approval or dis­
approval thereof, as the case may be. 
(4) Where a statement of case is amended, two fair copies 
thereof in its final form shall be left with the Registrar. 
(5) The Registrar shall seal a copy of the statement of case 
in its final form to the certificate or notification. 
70. (1) An application to the Registrar under section 31(1) ~~~~l~:ssfor 
shall be made by the assignee on Form TM-No. 33 and shall advertisement of assignment state the date on which the assignment was made. without 
goodwill of (2) The application shall give particulars of the registration trade mark in 
in the case of a registered trade mark, and, in the case of an use. 
unregistered trade mark, shall show the mark and give particulars 
of the registered trade mark that has been assigned therewith in 
accordance with section 28. 
(3) The Registrar may call for any evidence or further 
information, and if he is satisfied with regard to the various mat­
ters he shall issue directions in writing with respect to the advert­
isement of the assignment. 
(4) The Registrar may refuse to consider such an applica­
tion in a case to which section 30(1) applies unless his approval 
has been obtained under the said subsection and a reference iden­
tifying the Registrar's notification of approval is included in the 
application. 
(5) A request to the Registrar for an extension of the 
period within which the application may be made, which shall be 
on Form TM-No. 34, may be made at any time before or during 
the period for which extension can be allowed. The extension of 
the period which the Registrar may allow shall not exceed three 
months. 
ALTERATION OF ADDRESS 
71. (1) A registered proprietor or registered user of a trade 
mark whose trade or business address is changed so that the entry 
in the Register is rendered incorrect shall forthwith request the 
Registrar on Form TM-No. 15 to make the appropriate altera-Alteration 
of address in 
Register. Application to 
rectify or 
remove a trade 
mark from the 
Register. IPlNll/TTO/Tfl 
Page 67 
tion of the address in the Register, and the Registrar shall alter 
the Register accordingly if he is satisfied in the matter. 
(2) A registered proprietor or registered user of a trade 
mark whose address for service in Trinidad and Tobago entered 
in the Register is changed, whether by discontinuance of the 
entered address or otherwise, so that the entry in the Register is. 
rendered incorrect, shall forthwith request the Registrar on Form 
TM-No. 27 to make the appropriate alteration of the address in 
the Register, and the Registrar shall alter the Register accordingly 
if he is satisfied in the matter. 
(3) A registered proprietor or registered user of a trade 
mark whose registered trade or business address or address for 
service is altered by a public authority, so that the changed 
address designates the same premises as before, may make the 
aforesaid request to the Registrar on an unstamped copy of Form 
TM-No. 15 or an unstamped copy of Form TM-No. 27, as the 
case may be, and if he does so he shall leave therewith a 
certificate of the alteration given by the said authority. If the 
Registrar is satisfied as to the facts of the case, he shall alter the 
Register accordingly, but shall not require the form to be 
stamped. 
(4) In case of the alteration of the address of a person 
entered in the Register as the address for service of more than one 
registered proprietor or registered user of trade marks, the Regis­
trar may, on proof that the said address is the address of the 
applicant and if satisfied that it is just to do so, accept an applica­
tion from that person on a Form TM-No. 27 amended so as to 
suit the case for the appropriate alteration of the entries of his 
address as the address for service in the several registrations, 
particulars of which shall be given in the form, and may alter the 
entries accordingly. 
(5) All applications under this rule on Form TM-No. 27 
shall be signed by the registered proprietor or the registered user, 
as the case may be, or by an agent expressly authorised by him for 
the purpose of such an application, unless in exceptional circum­
stances the Registrar otherwise allows. 
ApPLICATIONS TO THE REGISTRAR FOR RECTIFICATION 
72. (1) An application to the Registrar under any of the sec­
tions 35, 36, 46 or 47 for the making, expunging or varying of any 
entry in the Register shall be made on Form TM-No', 23, and IP/NIlITTO/TIl 
Page 68 
shall be accompanied by a statement setting out fully the nature 
of the applicant's interest, the facts upon which he bases his case 
and the relief which he seeks. 
(2) Where the application is made by a person who is not 
the registered proprietor of the trade mark in question it shall be 
accompanied by an unstamped copy of the application and a copy 
of the statement, and these copies will be transmitted forthwith 
by the Registrar to the registered proprietor. 
73. Upon such application being made, and copy thereof ~=d~re. 
transmitted to the registered proprietor, if necessary, the provi-
sions of rules 42 to 51 shall apply mutatis mutandis to the further 
proceedings thereon; but the Registrar shall not rectify the Regis-
ter or remove the mark from the register merely because the 
registered proprietor has not filed a counter-statement. In any 
case of doubt any party may apply to the Registrar for directions. 
74. (1) Any person other than the registered proprietor alleg- ~~~;e~~~.by 
ing interest in a registered trade mark in respect of which an P 
application is made on Form TM-No. 23 may apply to the 
Registrar on Form TM-'-No. 24 for leave to intervene, stating 
thereon the nature of his interest, and the Registrar may refuse or 
grant such leave, after hearing (if so required) the parties con­
cerned, upon such conditions and terms as he deems fit. 
(2) Before dealing in any way with the application for leave 
to intervene the Registrar may require the applicant to give an 
undertaking to pay such cost as in the circumstances he may 
award to any party. 
ApPLICATIONS FOR ALTERATION OF THE REGISTER BY 
CORRECTION, CHANGE, CANCELLATION OR STRIKING OUT 
GOODS, OR FOR ENTRY OF DISCLAIMER, MEMORANDUM OR 
NOTE. 
75. (1) An application to the Registrar under section 48(1) for trfJ:rcation 
the alteration of the Register by correction, change, cancellation section 48(1). 
or striking out goods, or for the entry of a disclaimer or 
memorandum, may be made by the registered proprietor of the 
trade mC\rk or by such person as may satisfy the Registrar that he 
is entitled to act in the name of the registered proprietor. 
(2) Such applications shall be made on Form TM-No. 15, 
TM-No. 17, TM-No. 18, TM-No. 19, TM-No.20, TM­
No. 21 or TM-No. 27 as may be appropriate; but an application Evidence. 
Advertisement 
of certain 
applications. 
Certificates of 
validity to be 
noted. 
Alteration of 
registered 
mark. 
Advertisement 
before decision. IP/N/lITTO/TIl 
Page 69 
on Form TM-No. 19, or TM-No. 20, or TM-No. 27 shall be 
signed by the registered proprietor or other person entitled under 
this Rule unless in exceptional circumstances the Registrar 
otherwise allows or, in the case of Form TM-No. 27 only, it is 
signed by an agent expressly authorised for the purpose of such 
an application. 
76. In the case of an application as in rule 75, the Registrar 
may require such evidence by statutory declaration or otherwise 
as he thinks fit as to the circumstances in which the application is 
made. 
77. Where application is made, on Form TM-No. 21, to enter 
a disclaimer or memorandum relating to a trade mark, the Regis­
trar, before deciding upon such application, shall advertise the 
application in the Gazette in order to enable any person desiring 
so to do to state, within one month of the advertisement, any 
reasons in writing against the making of the entry of the dis­
claimer or memorandum. 
78. (1) Where the Court has certified as provided in section 56 
with regard to the validity of a registered trade mark, the regis­
tered proprietor thereof may request the Registrar on Form 
TM-No. 37 to add to the entry in the Register a note that the 
certificate of validity has been granted in the course of the pro­
ceedings which shall be named in the Form. 
(2) An office copy of the certificate shall be sent with the 
request, and the Registrar shall so note the Register and publish 
the note in the Gazette. 
ApPLICATIONS TO ALTER REGISTERED TRADE MARKS 
79. Where a person desires to apply under section 49 that his 
registered trade mark may be added to or altered, he shall make, 
his application in writing on Form TM-No. 22, and shall furnish 
the Registrar with four copies of the mark as it will appear when 
so added to or altered. 
80. (1) The Registrar shall consider the application and shall, if 
it appears to him expedient, advertise the application in the 
Gazette before deciding it. 
(2) Within one month from the date of such advertisement 
any person may give notice of opposition to the application, on 
Form TM-No. 35 accompanied by an un stamped duplicate of IP/N/lITTO/TIl 
Page 70 
the notice, and may also send therewith a further statement of his 
objections in duplicate. 
(3) The Registrar shall send the duplicate notice, and the 
duplicate of any further statement of objections, to the applicant, 
and rules 41 to 52 shall apply mutatis mutandis to the further 
proceedings thereon. 
(4) In any case of doubt any party may apply to the Regis­
trar for directions. 
81. If the Registrar decides to allow the application he shall 
add to or alter the mark in the Register, and if the mark so added 
to or altered has not been advertised under rule 80, he shall 
advertise it in the Gazette and in any case shall insert in the 
Gazette a notification that the mark has been altered. 
82. In connection with an application to alter a registered trade 
mark the Registrar may at any time call on the applicant to supply 
a printing block satisfactory to the Registrar and suitable for 
advertising the mark with the addition or alteration as mentioned 
above, if in the opinion of the Registrar an advertisement 
describing the addition or alteration in words would not be likely 
to be understood by persons interested in the matter. 
RECTIFICATION AND ALTERATION OF CERTIFICATION TRADE 
MARK ENTRIES AND REGULATIONS Decision. 
Advertisement. 
Notification. 
Advertisement 
illustration. 
83. An application on any of the grounds mentioned in para- ~e:ifiU:::~~n of 
graph 4 of the Schedule to the Act, made by an aggrieved person Tra~e Mark 
h R· f d . . . h entnes by the to t e eglstrar or an or er expungmg or varymg an entry ID t e Registrar. 
Register of or relating to a certification trade mark, or varying the 
relevant deposited regulations, shall be made on Form TM-
No. 30 and shall include full particulars of the grounds on which 
the application is made. 
ALTERATION OF CERTIFICATION TRADE MARK REGULATIONS 
84. (1) An application by the registered proprietor of a ~~:t1~~s~f 
certification trade mark for an alteration of the deposited regula-
tions shall be made on Form TM-No. 29. 
(2) Where the Registrar causes such an application to be 
advertised the time within which any person may give notice to Application for 
entry of 
Regtstered 
User. 
Entry and 
notification. 
Registered 
proprietor's 
application to 
vary entry. 
Application by 
regIstered 
proprietor of 
user to cancel 
entry. 
Application 
tmder 
section 41(1)(c) 
to cancel 
entry. 
Notification and 
hearing. IP /NI lITTO/T /1 
Page 71 
the Registrar of opposition to the application shall be one month 
from the date of the advertisement. 
REGISTERED USERS 
85. An application to the Registrar for the registratIon under 
section 37 of a person as a registered user of a registered trade 
mark shall be made by that person and the registered proprietor 
on Form TM-No. 38. 
86. (1) The entry of a registered user in the Register shall state 
the date on which it was made. 
(2) In addition to the trade or business address of the regis­
tered user it may include an address for service, if an application 
by him on Form TM-No. 27 therefor has been approved. 
(3) A notification in writing of the registration of a regis­
tered user shall be sent to the registered proprietor of the trade 
mark, to the registered user, and to every other registered user 
whose name is entered in relation to the same registration of a 
trade mark, and shall be inserted in the Gazette. 
87. An application by the registered proprietor of a trade mark 
for the variation of the registration of a registered user of that 
trade mark under section 41(1)(a) shall be made on Form 
TM-No.39, and shall be accompanied by a statement of the 
grounds on which it is made and, where the registered user in 
question consents, by the written consent of that registered user. 
88. An application by the registered proprietor or any regis­
tered user of a trade mark for the cancellation of the registration 
of a registered user of that trade mark under section 41(1)(b) 
shall be made on Form TM-No. 40, and shall be accompanied 
by a statement of the grounds on which it is made. 
89. An application by any person for the cancellation of the 
registration of a registered user under section 41 (1)( c) shall be 
made on Form TM-No.41, and shall be accompanied by a 
statement of the grounds on which it is made. 
90. (1) The Registrar shall notify in writing applications under 
rules 85, 86 and 87 to the registered proprietor and each regis­
tered user (not being the applicant) under the registration of the 
trade mark. IPIN/1/TTO/T/l 
Page 72 
(2) Any person so notified who intends to intervene in the 
proceedings shall within one month of the receipt of such no­
tification give notice to the Registrar on Form TM-No. 42 to 
that. effect and shall send therewith a statement of the grounds of 
his intervention. 
(3) The Registrar shall thereupon send copies of such 
notice and statement to the other parties, so that the interVention 
may be known to the applicant, the registered proprietor, the 
registered user whose registration is in suit, and any other regis­
tered user who intervenes. 
(4) Any such party may, within such time or times as the 
Registrar may appoint, leave evidence in support of his case, and 
the Registrar after giving the parties an opportunity to be heard 
may accept or refuse the application or accept it subject to any 
conditions, amendments, modifications or limitations he may 
think right to impose. 
91. (1) Applications under section 48(2) shall be made on ~::~tered 
Form TM-No. 15, or TM-No. 17, or TM-No. 18, or TM- application 
No. 27 as may be appropriate, by a registered user of a trade ~~~n 48(2). 
mark, or by such person as may satisfy the Registrar that he is 
entitled to act in the name of a registered user; and the Registrar 
may require such evidence by statutory declaration or otherwise 
as he may think fit as to the circumstances in which the applica-
tion is made. 
(2) In case of the registration of a registered user .for a Cancellation by Registrar. period, in accordance with section 37 (4)( d) the Registrar shall 
cancel the entry of the registered user at the end of the period. 
(3) Where some or all of the goods are struck out from 
those in respect of which a trade mark is registered, the Registrar 
shall at the same time strike them out from those specifications of 
registered users of the trade mark in which they are comprised. 
(4) The Registrar shall notify every cancellation or striking 
out under this subrule to the registered users whose permitted use 
is affected thereby and the registered proprietor of the trade 
mark. 
EXTENSION OF TIME 
92. If in any particular case the Registrar is satisfied that the 
circumstances are such as to justify an extension of the time for 
doing any act or taking any proceeding under these Rules, not 
being a time expressly provided in the Act or prescribed by Extension of 
time. IPINIlITTOlT1 1 
Page 73 
rule 66 or rule 70, he may extend the time upon such notice to 
other parties, and proceedings thereon, and upon such terms as he 
may direct, and the extension may be granted though the time has 
expired for doing the act or taking the proceeding. 
Excluded days. 93. Whenever the last day fixed by the Act, or by these Rules, 
Hearing. 
Application for 
hearing. 
Notice of 
hearing. 
Notification of 
decision. 
Dispensing with 
evidence. for doing any act or thing at the Office shall fall on a day when the 
Office is not open or on a Saturday, which days shall be excluded 
days for the purposes of the Act and these Rules, it shall be lawful 
to do the act or thing on the first day following such excluded day 
which is not an excluded day. 
DISCRETIONARY POWER 
94. Before exercising adversely to any person any discretionary 
power given to the Registrar by the Act, or these Rules, the 
Registrar shall, if so required, hear a person thereon. 
95. An application for a hearing shall be made within one 
month from the date of notification by the Registrar of any objec­
tion to an application or the date of any other indication that he 
proposes to exercise a discretionary power. 
96. (1) Upon receiving such application the Registrar shall give 
the person applying ten days' notice of a time when he may be 
heard. 
(2) Within five days from the date when such notice would 
be delivered in the ordinary course of post the person applying 
shall notify the Registrar whether or not he intends to be heard 
on the matter. 
97. The decision of the Registrar in the exercise of any such 
discretionary power as mentioned above shall be notified to the 
person affected. 
POWER TO DISPENSE WITH EVIDENCE 
98. Where under these Rules any person is required to do any 
act or thing, or to sign any document, or to make any declaration 
on behalf of himself or of any body corporate, or any document 
or evidence is required to be produced to or left with the Regis­
trar, or at the Office, and it is shown to the satisfaction of the 
Registrar that from any reasonable cause such person is unable to 
do such act or thing, or to sign such document, or to make such 
declaration, or that such document or evidence cannot be pro-IP/NIlITTO/TIl 
Page 74 
duced or left as mentioned above, it shall be lawful for the 
Registrar, upon the production of such other evidence, and 
subject to such terms as he may think fit, to dispense with any 
such act or thing, signature, declaration, document or evidence. 
AMENDMENTS 
99. Any document or drawing or o:her rep~ese.ntation of a ~~~~I~~t of 
trade mark may be amended, and any lrregulanty III procedure 
which in the opinion of the Registrar may be excused without 
detriment to the interests of any person may be corrected, if the 
Reg~strar thinks fit, and on such terms as he may direct. 
CERTIFICATES 
100. (1) The Registrar may give a certificate, as to any entry, 
matter or thing which he is authorised or required by the Act or 
these Rules to make or do, upon receipt of a request therefor on 
Form TM-No. 25 from any person who, if the Registrar thinks 
fit so to require, can show an interest in the entry, matter or thing 
to his satisfaction. 
(2) Except in a case falling under rule 101 the Registrar 
shall not be obliged to include in the certificate a copy of any 
mark, unless he is furnished by the applicant with a copy thereof 
suitable for the purpose. Certificates by 
Registrar. 
101. Where a mark is registered without limitation of colour the Marks registered Registrar may grant a certificate of registration, for the purpose without 
limitation of of obtaining registration abroad, either in the colour in which it colour. 
appears upon the Register or in any other colour or colours; but 
in the last-mentioned case the certificate shall be marked: "For 
use in obtaining registration abroad only". 
102. (1) Where a certificate or registration of a trade mark is 
desired for use in obtaining registration abroad, the Registrar 
shall include in the certificate a copy of the mark and may require 
the applicant for the certificate to furnish him with a copy of the 
mark suitable for the purpose and, if the applicant fails to do so, 
may refuse to issue the certificate. 
(2) The Registrar may state in the certificate such particu­
lars concerning the registration of the mark as to him may seem 
fit, and may omit therefrom reference to any disclaimers appear­
ing in the Register; but in the last-mentioned case the certificate 
shall be marked: "For use in obtaining registration abroad only". Certificates for 
use in obtaining 
registration 
abroad. Manner in 
which. and 
person before 
whom. 
declaration is to 
be taken. 
Notice of seal of 
officer taking. 
declaration to 
prove itself. 
Application to 
Court. DECLARATIONS IP/N/1/TTO/T/l 
Page 75 
103. The statutory declarations required by the Act and these 
Rules, or used in any proceedings thereunder, shall be made and 
subscribed as follows: 
(a) in Trinidad and Tobago, before any Justice or any 
Commissioner of Affidavits or other officer 
authorised by law in any part of Trinidad and 
Tobago to administer an oath for the purpose of any 
legal proceeding; 
(b) in any other part of the Commonwealth, before any 
Court, Judge, Justice or any officer authorised by law 
to administer an oath there for the purpose of a legal 
proceeding; and 
(c) if made out of the Commonwealth, before a 
diplomatic agent or a consular officer of Trinidad 
and Tobago, or a notary public, or a Judge or 
Magistrate. 
104. Any document purporting to have affixed, impressed or 
subscribed thereto or thereon the seal or signature of any person 
authorised by riIle 103 to take a declaration in testimony that the 
declaration was made and subscribed before him, may be admit­
ted by the Registrar without proof of the genuineness of the seal 
or signature or of the official character of the person or his 
authority to take the declaration. 
ApPLICATIONS TO AND ORDERS OF THE COURT 
105. Every application to the Court under the Act shall be 
served on the Registrar. 
Order of Court. 106. (1) Where an order has been made by the Court in any 
case under the Act, the person in whose favour such order has 
been made, or such one of them, if more than one, as the Regis­
trar may direct, shall forthwith leave at the office an office copy of 
such order, together with Form TM-No. 36 if required. 
Publication of 
Order of Court. (2) The Registrar may, if necessary, thereupon be rectified 
or altered by the Registrar. 
107. Whenever an order is made by the Court under the Act the 
Registrar may, if he thinks that the order should be made public, 
publish it in the Gazette. IP/N/lITTO/T/l 
Page 76 
FIRST SCHEDULE 
FEES 
The following fees shall be paid in respect of applications, 
registrations and other matters under the Act. Such fees must in 
all cases be paid before or at the time of doing the matter in 
respect of which they are to be paid: 
Matter or Proceeding 
1. On application not otherwise charged to 
register a trade mark for a specifica­
tion of goods included in one class ., 
la. On application to register a series of 
trade marks under section 26(3) for ~ 
specification of goods included in one 
class 
lb. On application to register a defensive 
trade mark for a specification of 
goods included in one class .. 
le. On application under section 50 to 
register a certification trade mark for 
a specification of goods included in 
one class ., 
Id. On applications made at the same time 
under section 50 to register one certi­
fication trade mark for specification of 
goods not all included in one class-
In respect of every class ., 
Total fee in no case to exceed 
$150 for any number of classes 
2. On a request to the Registrar to state 
grounds of decision relating to an 
application to register a trade mark 
and materials used 
3. On notice of opposi,tion before the 
Registrar under section 21, for each 
application opposed, by opponent 
3a. On lodging a counter-statement in 
answer to a notice of opposition 
under section 21, for each application 
opposed, by the applicant; or in 
answer to an application under any of 
the sections 35, 36, 4{j and 47, by the 
proprietor in respect of each trade 
mark; or in answer to a notice of 
opposition under section 49 for each 
application opposed, by the proprietor Amount 
$ c. Corresponding 
Form 
75.00 TM-No. 2 
75.00 TM-No. 2 
75.00 TM-No. 26 
75.00 TM-No. 4 
75.00 TM-No. 4 
15.00 TM-No. 3 
20.00 TM-No. 5 
20.00 TM-No. 6 Rule 3. 
[45 of 1979 
5111980]. 3b. 
4. 
4a 
5. Matter or Proceeding 
On the hearing of each opposition under 
section 21, by applicant and by 
opponent respectively; or on the hearing 
of an application under any of the sec­
tions 35, 36, 46 and 47, by applicant and 
by proprietor respectively; or on the 
hearing of an opposition under section 
49, by proprietor and by opponent 
respectively 
Upon each addition to the registered entry 
of a trade mark of a note that the mark is 
associated with a newly registered mark 
On an application to dissolve the associa­
tion between registered trade marks 
On application to register a registered user 
of a registered trade mark in respect of 
goods within the specification thereof .. 
Sa. On application to register the same 
5b. 
Se. 
Sd. registered user of more than one 
registered trade mark of the same 
registered proprietor in respect of goods 
within the respective specifications 
thereof and subject to the same 
conditions and restrictions in each 
case--
For the first mark 
And for every other mark of the 
proprietor included in the application 
and statement of case 
On application by the proprietor of a single 
trade mark, under paragraph (a) of 
section 41(1)(a), to vary the entry of a 
registered user thereof .. 
On application by the proprietor of more 
than one trade mark under paragraph (a) 
of section 41 (1) to vary the entries of a 
registered user thereof: 
For the first mark 
And for every other mark of the 
proprietor for which the same 
is registered, included in the 
application 
On application by the proprietor or 
registered user of a single trade mark, 
under paragraph (b) of section 41(1)(b) 
for cancellation of the entry of a 
registered user thereof .. Amount 
$ c. Corresponding 
Form 
50.00 TM-No. 7 
5.00 
30.00 TM-No. 16 
50.00 TM-No. 38 
50.00 TM-No. 38 
5.00 
50.00 TM-No. 39 
50.00 TM-No. 39 
5.00 
30.00 TM-No. 40 IP/N/1/TTO/TIl 
Page 77 IP/N/1/TTO/T/l 
Page 78 
Se. 
Sf· 
5g. 
511. 
6. 
6a. 
7. Matter or Proceeding 
On application by the proprietor or 
registered user of more than one trade 
mark under paragraph (b) of section 
4l(1)(b), for cancellation of the entries 
of a registered user thereof-
For the first mark 
And for every other mark of the 
same proprietor for which the 
same user is registered, included 
in the application 
On application, under paragraph (c) of 
section 41(1), to cancel the entry of a 
registered user of a single trade mark .. 
On application, under paragraph (c) of 
section 41(1) to cancel the entries of a 
registered user of more than one trade 
mark-
For the first mark 
And for every other mark of the same 
proprietor for which the same 
user is registered, included in the 
application 
On notice under section 41(3) and rule 89, 
of intention to intervene in one 
proceeding for the variation or cancel­
lation of entries of a registered user of 
trade marks 
On request to enter in the register and 
advertise a certificate of validity, under 
section 56 and rule 78--
For the first registration certified 
And for every other registration 
certified in the same certificate ., 
On application under section 43(3) and 
rule 66 for extension of time for 
registering a corporation as subsequent 
proprietor of trade marks on one assign­
ment-
Not exceeding two months 
Not exceeding four months 
Not exceeding six months 
On application for certificate of the 
Registrar, under section 29(2) and 
rule 69-
For the first mark proposed to be 
assigned 
And for every other mark of the same 
proprietor included in that 
assignment Amount 
$ c. Corresponding 
Form 
30.00 TM-No.40 
5.00 
30.00 TM-No.41 
30.00 TM-No. 41 
5.00 
15.00 TM-No. 42 
20.00 TM-No. 37 
5.00 
30.00 TM-No. 11 
45.00 TM-No. 11 
60.00 TM-No. 11 
50.00 TM-No.31 
5.00 7a. 
7b. 
7c. 
8. Matter or Proceeding 
On application for approval of the 
Registrar, under section 30(1) or 
section 73 and rule 69-
For the first mark 
And for every other mark of the same 
proprietor included in the same 
transfer 
On application for directions by the 
Registrar for advertisement of assign­
ment of trade marks in use, without 
goodwill-
For one mark assigned 
And for every other mark assigned 
with the same devolution of title 
On ap?lication for extension of time for 
applying for directions for advertisement 
of assignment of trade marks in use, 
Without goodwill, in respect of one 
devolution of title--
Not exceeding one month 
Not exceeding two months 
Not exceeding three months 
On application to register a subsequent 
proprietor in a case of assignment or 
transmission of a single trade mark-
If made within six months from the 
date of acquisition of proprietor­
ship or the coming into force of 
these Rules 
If made after expiration of six months 
but within twelve months from 
the date of acquisition of pro­
prietorship or the coming into 
force of these Rules 
If made after expiration of twelve 
months from the date of acquisi­
tion of proprietorship or the 
coming into force of these Rules 
Sa. On application to register a subsequent 
proprietor of more than one trade mark 
standing in the same name, the devolu­
tion of title being the same in each 
case-
If made within six months from the 
date of acquisition of proprietor­
ship or the coming into force of 
these Rules.--
For the first mark 
And for every other mark Amount 
$ c. Corresponding 
Form 
30.00 TM-No. 32 
5.00 
30.00 TM-No. 33 
5.00 
30.00 TM-No. 34 
45.00 TM-No. 34 
60.00 TM-No. 34 
30.00 TM-No. 12 
or 13 
40.00 TM-No. 12 
or 13 
50.00 TM-No. 12 
or 13 
30.00 TM-No. 12 
or 13 
5.00 IP/N/lITTO/T/l 
Page 79 IP/NI 1 ITTO/TI 1 
Page 80 
Matter or Proceeding 
Bb. On application to register a subsequent 
proprietor of more than one trade mark 
standing in the same name, the devolu­
tion of title being the same in each 
case--
If made after expiration of six months 
but within twelve months from the 
date of acquisition of proprietorship 
or the coming into force of these 
Rules: 
For the first mark 
And for every other mark 
If made after expiration of twelve 
months from the date of acquisition 
of proprietorship or the coming into 
force of these Rules-
For the first mark 
And for every other mark .. 
9. On application to change the name or 
description of a proprietor or a 
registered user of a single trade mark 
where there has been no change in the 
proprietorship or in the identity of the 
user 
9a. On application to change the name or 
description of a proprietor or a 
registered user of more than one trade 
mark standing in the same name, where 
there has been no change in the 
proprietorship or in the identity of the 
user, the change being the same in each 
case--
For the first mark 
And for every other mark 
10. For renewal of regis"tration of a trade mark 
at expiration of last registration 
lOa. For renewal of registration of a series of 
trade marks under section 26(3) at 
expiration of last registration-
For the first mark of the series 
And for every other mark of the series 
lOb. For renewal of registrations of the same 
certification trade mark with the same 
date for goods in more than one class­
In respect of every class 
1 (k. Restoration fee under rule 59 
11. On an application to the Registrar for leave 
to add to or alter a single registered 
trade mark Amount 
$ c. Corresponding 
, Form 
40.00 TM-No. 12 
or 13 
5.00 
40.00 TM-No. 12 
or 13 
5.00 
15.00 TM-No. 18 
15.00 TM-No. 18 
5.00 
60.00 TM-No. 9 
60.00 TM-No. 9 
5.00 
60.00 TM-No. 9 
50.00 TM-No. 10 
50.00 TM-No. 22 Matter or Proceeding 
11a. On an application to the Registrar for leave 
to add to or alter more than one 
registered trade mark of the same 
proprietor, being identical marks, the 
addition or alteration to be made, in 
each case, being the same-
For the first mark 
And for every other mark 
llb. On notice of opposition to application for 
leave to add to or alter registered trade 
marks, for each application opposed 
12. For altering one or more entries of the 
trade or business address of a registered 
proprietor or a registered user of a trade 
mark where the address in each case is 
the same and is altered in the same way 
(unless exempted from fee under t 
rule 82)-
For the first entry 
And for every other entry 
13. For every entry in the register of a 
rectification thereof or an alteration 
therein, not otherwise charged .. 
14. For cancelling the entry or part of the entry 
of a trade mark upon the register of the 
application of the registered proprietor 
of the trade mark 
15. On application, under any of the sections 
35,36,46 and 47, for rectification of the 
register or removal of trade 
mark from the register .. 
150. On application for leave to intervene in 
proceedings under any of the sections 
35, 36,46 and 47 for rectification of the 
register or removal of trade mark from 
the register 
16. On request, not otherwise charged, for 
correction of clerical error or for 
permission to amend application 
17. On request by registered proprietor of a 
trade mark for entry of disclaimer or 
memorandum in the register 
18. On application to the Registrar under rule 
83 to e"punge or vary the registration of 
a certification trade mark or to vary the 
deposited regulations of a certification 
trade mark or of certification trade 
marks of the same registered proprietor 
where the regulations are substantially 
the same .. Amount 
$ c. Corresponding 
Form 
50.00 TM-No. 22 
30.00 
30.00 TM-No. 35 
10.00 TM-No. 15 
5.00 
20.00 TM-No. 36 
15.00 TM-No. 19 
or 20 
50.00 TM-No. 23 
50.00 TM-No. 24 
10.00 TM-No. 17 
10.00 TM-No.21 
50.00 TM-No. 30 IP/N/1/TTO/TIl 
Page 81 IP/N/1/TTO/TIl 
Page 82 
Matter or Proceeding 
18a. On request to the Registrar by the 
registered proprietor of a certification 
trade mark to permit alteration of the 
deposited regulations thereof-
For the regulations of one such 
registration 
For the same or substantially the same 
regulations of each other 
registration proposed to be 
altered in the same way and 
included in the same request 
19. For certificate of the Registrar of the 
registration of a trade mark 
19a. For' certificate of the Registrar of the 
registration of a series of trade marks 
under section 26(3) 
20. For cancelling or making one or more 
entries of an address for service of a 
registered proprietor or a registered user 
of a trade mark where the address in 
each case is the same, on application 
made after the registration in each 
cas(>--
For the first entry 
And for every other entry included in 
the application 
20a. For altering one or more entries of an 
address for service in the register 
included in one application for 
alteration, where the address and the 
alteration in each case are the sam(>--
For the first entry 
And for every other entry 
21. For inspecting register or notice of 
opposition, counter-statement or 
decision in connection with any 
opposition or application for rectification 
of the register relating to any particular 
trade mark 
22. For office copy of documents, for every 
page or part thereof 
23. For certifying office copies M.S. or 
photographic or printed matter 
For advertising according to advertisement rates. Amount 
s c. Corresponding 
Form 
30.00 TM-No. 29 
3.00 
20.00 TM-No. 25 
20.00 TM-No.25 
5.00 TM-No. 27 
3.00 
5.00 TM-No. 27 
3.00 
2.00 
1.00 
10.00 
For the purpose of these fees (except as specially provided above) every mark of a series 
under section 26 shall be deemed to be a mark separately registered. 'The full name 
of all the 
partners in a 
firm must be 
inserted, and 
the kind and 
country of 
incorporation of 
bodies 
corporate 
stated. 
(a) Here insert 
name and 
address of 
agent. 
(b) Here state 
the particular 
matter or 
proceeding for 
y.'hich t)le agent 
IS appomted, 
giving the 
reference 
number, if 
known. 
(c) Here state 
nationalily. 
(d) To be 
signed by the 
person 
appointing the 
agent. 
(e) Here insert 
the full trade or 
business 
address of the 
person 
appointing the 
agent. SECOND SCHEDULE 
FORMS 
FORM TM-No. 1 
TRADE MARKS ACI' 
Form of Authorisation of Agent 
in a matter or proceeding under the Act 
"I (or We) IPIN/1/TTO/T/l 
Page 83 
(rule 4) 
(rule 10) 
have appointed (a) .....•...................................................... 
of ........................................................................... . 
to act as my (or our) agent for (b) ......................................•........ 
.. : ............................................................. No .......... . 
and request that all notices, requisitions and communications relating thereto may be sent 
to such agent at the above address. 
1 (or We) hereby revoke all previous authorisations, if any, in respect of the same matter 
or proceeding. 
1 (or We) hereby declare that 1 am (or we are) a 
(c) 
Dated this. " .. " . "day of. ......... 19 " .. 
(d) .............................•........................ 
Address (e) .•.•••.••....••....•••••••.•..........•..••..•. 
[To be struck out if the person appointing the Agent desires his own address to be 
treated as the address for service after registration.) 
1 (or We) also authorise the said (a) .......................................... . 
. ................... to complete Form TM-No. 27 requesting the entry of an address 
for service as part of any registration obtained under the above authorisation. 
Dated this .......... day of. ......... 19 ... . 
(d) ..................................................... . 
Address (e) ..............•.....•..•................••••.•• 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. IP/N/lITTO/TIl 
Page 84 
FORM TM-No. 2 (rule 17) 
TRADE MARKS ACf 
Application for Registration of Trade Mark in Part· of the Register 
One representation to be 
fixed within this space and 
four others to be supplied. 
Representations of a large 
size may be folded, but 
must then be mounted 
upon linen or other suitable 
material and affixed hereto. 
Application is hereby made for Registration in Part· of the Register of the 
accompanying Trade Mark in Class .......... , in respect of (a) ..... '" .......... , .. 
in the name of (b) ........................................................ whose 
trade or business address is (c) .................................................• 
trading as (d) ................................................................. . 
by whom it is (e) proposed to be used and who c1aim(s) to be the proprietor(s) thereof. 
(f) ........................................................................ . 
Dated the .......... day of. ......... 19 ... . 
(g) ...................................................... . 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. TRADE 
MARKS 
$75 
• Write 
distinctly here 
"Aft or "B", 
according to the 
registration 
desired. 
(a) Here specify 
the goods. Only 
~oods included 
m one and the 
same class 
should be 
specified. A 
separate 
application 
Form is required 
for each class. 
(b) Here insert 
legibly the full 
name, 
description and 
nationality of 
the individual, 
firm, or body 
corporate 
making the 
application. The 
names of all 
partners in a 
firm m us! be 
given in full. If 
the applicant is 
a body 
corporate, the 
kind and 
country of 
incorporation 
should be stated. 
(c) Here insert 
the full trade or 
business address 
of the applicint. 
(d) Here insert 
the trading style 
(if any). 
(~) If the mark 
is already in use, 
strike out the 
words: 
"proposed to 
be", and insert 
"being". 
(f) For 
additional 
matter if 
required; 
otherwise 10 be 
left blank. 
(g) Signature. 
L.R.O. 1/1980 TRADE 
MARKS 
S15 
(a) Insert words 
and number 
identifying the 
matter or 
proceeding. 
(b) Signature. FORM TM-No. 3 
TRADE MARKS ACT 
Request for Statement of Grounds of Decision IP/N/1/TTO/TIl 
Page 85 
(rule 30) 
IN THE MATTER OF (a) .................••.•.......................••.....•. 
the Registrar is hereby requested to state in writing the grounds of his decision, dated 
the .......... day of .......... 19 .... , after the hearing on the ........... day 
of .......... , 19 .... , and the materials used by him in arriving at the decision. 
Dated this .......... day of .......... , 19 ... . 
(b) .............•............•.•..••..................... 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. 
If the Registrar has made any requirement to which the Applicant does not object, the 
Applicant shall comply therewith before the Registrar issues the grounds of his decision. 
[See rule 30] IP/N/1/TTO/TIl 
Page 86 
FORM 'fM-No. 4 (rules 17, 33) 
TRADE MARKS ACT 
Application for Registration of Certification Trade Mark wuIer section 50 
(To be accompanied by two unstamped duplicates.) 
One representation to be fixed within 
this space, and six others to be 
supplied. 
Representations of a larger size may 
be folded, but must then be mounted 
upon linen or other suitable material 
and affixed hereto. 
Application is ,hereby mace for Registration in Part A of the Register of the 
accompanying Certification Trade Mark in Class .......... , in respect of (a) ......... . 
in the name of (b) •••.•••••• whose address is (c) ....... , ........... . 
Dated this .......... day of .......... , 19 ... . 
(d) ......•...................•..........•...•............ 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. TRADE 
MARKS 
Fee: $75 
(a) Here specify 
the goods. Only 
/loods included 
In one and the 
same class 
should be 
specified. A 
separate 
application 
Form is 
required for 
each class. 
(b) Here insert 
the full name, 
description and 
nationality of 
the applicant. If 
the applicant is 
a body 
corporate, the 
kind and 
country of 
incorporation 
should be 
stated. 
(c) Here insert 
the full address 
of the applicant. 
(d) Signature. TRADE 
MARKS 
$20 
(a) Here state 
full name and 
address. 
(b) If 
registration is 
opposed on the 
ground that the 
mark resembles 
marks already 
on the Register, 
the numbers of 
those marks 
and of the 
Gazettes in 
which they have 
been advertised 
are to be set 
out. The 
numbers of any 
marks in the 
Collection of 
Refused Cotton 
Marks that are 
relied on should 
also be given. 
(e) Signature. IP/N/lITTO/TIl 
Page 87 
(rules 40, 52) 
FORM TM-No. 5 
TRADE MARKS ACT 
Notice of Opposition to Application for Registration of a Trade Mark 
(To be accompanied by an unstamped duplicate.) 
IN THE MA TIER OF an Application No .......... by .......................... . 
of ...................................................... : 
(a) I (or We) 
hereby give notice of my (or our) intention to oppose the Registration of the Trade Mark 
advertised under the above number for Class .......... in the Gazette of the 
........... day of ............... , 19 .... , No ........... , page ......... . 
The grounds of opposition are as folIows:-
(b) ............•..•........................ 
Address for Service in Trinidad and Tobago in these proceedings:-
Dated this .......... day of .......... , 19 ... . 
(c) •...........................•••..•...................• 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. IPINIl/TTO/TIl 
Page 88 
FORM TM-No. 6 
TRADE MARKS ACT 
Form of Counter-Statement 
(To be accompanied by an unstamped duplicate) 
IN THE MATIER OF an Opposition No .......... . 
to Application No .......... . (rule 42) 
I, (or We,) ................................................ the applicant(s) for 
Registration of the above Trade Mark, -hereby give notice that the following are the 
grounds on which I (or we) rely as supporting my (or our) application: 
I (or We) admit the following allegations in the notice of Opposition: 
Address for service in Trinidad and Tobago in these proceedings: 
Dated this. " .... " .day of. " . " " '" 19. " . TRADE 
MARKS 
$20 
(a) •..•.........•..•...........•....•..••..•....••...•... (a) Signature. 
To the Registrar, 
Registrar General' 5 Office, 
Port-of-Spain. TRADE 
MARKS 
$50 
(a) Here insert 
name and 
address. 
(b) Strike out 
words here that 
are not 
applicable, so as 
to state one of 
the cases (l) to 
(5) only. 
(c) Signature. 
(d) Address. FORM TM-No. 7 
TRADE MARKS ACf IP /NI lITTO/T 11 
Page 89 
(rule 48) 
Notice to the Registrar of Attendance at Hearing 
I (or We) (a) .... , ........... '" .of ......................................... . 
. ..................................................... hereby give notice that the 
Hearing of the arguments in the Case of: 
(b) (1) Opposition No .......................... to Application for registration of a 
Trade Mark No .......... . 
(2) Application that the entry in the Register in respect of Trade Mark 
No ........... may be removed. 
(3) ......... . 
(4) ......... . 
(5) ......... . may be amended by alteration of or addi­
tion to the Trade Mark, 
may be amended by a conversion of the speci­
fica tion of goods, 
may be amended otherwise than by any change in 
the mark or of the specification on conversion, 
which, by thl! Registrar's Notice to me (or us) dated the ......................... day 
of .......... 19 ... , is fixed for .......... a.m. or p.m. at the Registrar's Office on 
the .......... day of .......... 19 .... , will be attended by me (or us) or by some person 
on my (or our) behalf. 
Dated this .......... day of .......... , 19 ... . 
To the Registrar, (c) .....•.••.•.....•.........•.•.•••.....••.•....•.••••.. 
(d) ...•.....••...•.•..•.•••.•••••••......•.•.....•..••..• 
Registrar General's Office, 
Port-of-Spain. IP/N/1/TTO/TIl 
Page 90 
(rule 53) 
FORM TM-No. 8 
TRADE MARKS ACf 
Notice of Non-completion of Registration 
No .......... . 
The Registrar, as required by Section 24 of the Trade Marks Act and rule 53 of the 
Trade Marks rules made thereunder (copies of which are printed on the back hereof), has 
to point out that the registration of the trade mark, in respect of which your application 
numbered as above was made on the .......... day of .......... 19 .... has not been 
completed by reason of your default. Unless it is completed within fourteen days from this 
date the application will be treated as abandoned. 
Dated this .......... day of .......... , 19 .. .. 
To ............................. . 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. TRADE IPINllITTO/TIl 
Page 91 
(rules 57, 58, 59) 
MARKS FORM TM-No. 9 
Fee: $60 
1<Xi or lOb 
(a) Insert here 
the name and 
address of the 
person leaving 
the fee. 
t If the fee is 
left by the 
proprietor 
himself. this 
passage should 
be struck out. 
(b) If the fee is 
no/ left by the 
proprietor 
himself. insert 
his name and 
address here. 
(c) Signature of 
the person 
leavmg the fee. 
(d) Address of 
t~e person 
slgnmg. 
(e) If the 
request is 
signed by the 
Registered 
Proprietor 
strike out here 
the words "the 
Registered 
Proprietor" and 
substitute the 
word '"men. 
(f) Signature. TRADE MARKS ACf 
'Renewal of Registration of Trade Mark 
(a) I, (or We) ............................................................. of 
....................................................................... hereby 
leave the prescribed fee of ...................... .for Renewal of Registration of the 
Trade Mark No .......... .in Class .......... ,t which I am directed by the proprietor of 
the Trade Mark, that is to say by (b) .....•.............•.•................••...•. 
...................................................................... to pay! 
Dated this .......... day of. ......... , 19 .. .. 
(c) ...................•..........•....................... 
(d) 
The Statement on the back of this Form must be filled in, and signed. 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. 
'This fonn will be returned if it is filed more than six months before the expiration of the 
last registration. 
[To appear on the back of the Form:] 
The Registrar is requested to send notice of renewal of the registration to (e) the 
Registered Pr.oprietor at the following address:-
(f) ........................................ . 
Dated this .......... day of .......... , 19 ... . IP/N/1/TTO/TIl 
Page 92 
(rule 59) 
FORM TM-No. 10 
TRADE MARKS ACT 
Restoration of Trade Mark removed from Register for Non-payment of Fee 
(To accompany Form TM-No. 9) 
I, (or we) hereby transmit the additional fee of $50 (along with Form TM-No. 9) for 
the restoration to the Register of the Trade Mark No ........... in Class ......... . 
Dated this .......... day of. ......... , 19 ... . TRADE 
MARKS 
$50 
(a) ......•..................................••........... (a) Signature. 
(b) •••.......••................•......................... (b) Address. 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. 
N.B. This Form must be signed by the person(s) signing the Form TM-No. 9 which 
accompanies it. TRADE 
MARKS 
Fee: 6a FORM TM-No. 11 
TRADE MARKS ACf IP/N/lITTO/TIl 
Page 93 
(rule 66) 
Application under rule 59 for ext~nsion of time, in accordance with section 43(3), for the 
registration of the name of a Corporation as Subsequent Proprietor of a Trade Mark 
in the Register. 
(a) Here insert Application is hereby made by (a) ........•......•.........................•.•. 
the name and 
address of the applicant. •••.•...••...••••....•.•••..•.......• " ...•... , •.••••••••......•••....•••••• of 
(b) Here insert 
"two" or 
"four", or 
"six". 
(c) Additional 
numbers may 
be given in a 
signed schedule 
on the back of 
the Form. 
(d) Signature. .......................................................................... .f~r 
an extension of time by (b) .......... months of the period of six months allowed by 
section 43(3) and rule 66 for registering its name, by force of one assignment, as 
proprietor of the following Trade Mark(s) registered upon application(s) conforming to 
paragraph (a) of section 43(1):-
(c) Registration Number Class 
Dated this .......... day of. ......... , 19 .. .. 
(d) ..................................................... . 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. IP/N/1/TTO/T/1 
Page 94 
FORM TM-No. 12 (rule 61) 
TRADE MARKS ACT 
Joint Request to the Registrar by Registered Proprietor and Transferee to register the 
Transferee as subsequent Proprietor of Trade Marks upon the same devolUJion of title 
We (a) .•....•.•..•...•...•••••.•.•.•••..••.•..•...•.•.••...•.•••••••••..... 
and (b) ................................................•..••................. 
hereby request, under rule 61, that the name of (c) .............................. . 
carrying on business as (d) .................................................... . 
at (e) .•....•............•..•.•..•.•...•...••.••.......•..•.. , may be entered in 
the Register of Trade Marks as proprietor of the Trade Mark(s) No .........• in Class 
. . . . . . . . . . as from the (f) .•...............•................................... 
by virtue of (g) ......................................•........................ 
(h)The trade mark at the time of the assignment was (h) (not) used in a business in the 
goods in question, and the assignment (took) (h) (did not take) place on or after the 
appointed day otherwise than in connection with the goodwill of a business in the goods, 
(h) and there is sent herewith a copy of the Registrar'S direction to advertise the 
assignment, a copy of each of the advertisements complying therewith, and a statement of 
the dates of issue of any publications containing them. 
Dated this .......... day of .............. 19 ... . 
(i) ..•.................................................... 
(j) ...................................................... . 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. 
Note.-The instrument under which the Transferee claims should preferably accompany 
this Form. 
A request for the entry of an address for service of the subsequent proprietor may be 
made on an unstamped copy of Form TM-No. 27 if it accompanies this Form. TRADE 
MARKS 
Fee: 8 or Ba 
(a}Name and 
address of 
Registered 
Proprietor, or 
other Assi~or 
or Transrrutter. 
(b) Full name, 
trade address 
and nationality 
of Transferee. 
(e) Name of 
Transferee. 
(d) Description 
of Transferee. 
(t) Trade or 
business 
address of 
Transferee. 
• Additional 
numbers may 
be given in a 
signed schedule 
OD the back of 
the Form . W Date of 
acquisition of 
proprietorshlp. 
(g) Full 
particulars of 
the instrument 
of assignment 
or transmission, 
if any, or 
statement of 
case. 
(h) Strike out 
any words not 
applicable (See 
rule 66). 
(i) Signature of 
Assignor or 
Transmitter. 
(j) Signature of 
Transferee. TRADE 
MARKS 
Fee: 8 or Ba 
(a) Here insert 
full name, trade 
or business 
address, 
nationality and 
description . 
• Additional 
numbers may 
be given in a 
signed schedule 
on the back of 
the Form. 
(b) Date of 
acquisition of 
proprietorship. 
le) Here insert 
full particulars 
of the 
instrument of 
assignment or 
transmission, if 
any, or 
statement of 
case. 
(d) Strike out 
any words not 
applicable (see 
rule 66). 
(e) Signature. FORMTM-No.13 
TRADE MARKS ACf IP/NI1 ITTO/TIl 
Page 95 
(rules 62, 64) 
Request to the Registrar to register a subsequent Proprietor ala Trade Mark or Trade Marks 
upon the same devolution a/title 
I (or We) (a) ........................................................•••.•.. 
hereby request that my (or our) name ........................ may be entered in the 
Register of Trade Marks as proprietor ........... of Trade Mark(s) No ...........• in 
Class .......... as from the (b) .............•........•........................... 
I am (or We are) entitled to the Trade Mark(s) by virtue of (c) ............•..••.. 
(d) The trade mark at the time of the assignment was (d) (not) used in a business in the 
goods in question, and the assignment (d) (took) (did not take) place on or after the 
appointed day otherwise than in connection with the goodwill of a business in the goods, 
(d) and there is sent herewith a copy of the Registrar's direction to advertise the 
assignment, a copy of each of the advertisements complying therewith, and a statement of 
the dates of issue of any publications containing them. 
Dated this .......... day of .............. 19 ... . 
(e) .........................•.......................•..... 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. 
Note.-The instrument under which the Transferee claims should preferably accompany 
this Form. 
A request for the entry of an address for service of the subsequent proprietor may be 
made on an unstamped copy of Form TM-No. 27 i/ it accompanies this Form. IP/N/lITTO/TIl 
Page 96 
F9RM TM-No. 14 (rule 64) 
TRADE MARKS ACT 
Declaration (only to be furnished when requested by the Registrar) in support of Statement 
of Case accompanying Form TM-No. 12 or TM-No. 13 
I, .................... of ..•.....................................•........... 
do hereby solemnly and sincerely declare that the particulars set out in the Statement of 
Case, exhibit marked .............•....... , ......................•............. , 
and left by me in connection with my request to be registered as subsequent proprietor of 
the Trade Mark No ........................................................... in 
Class ............. " are true and comprise every material fact and document affecting 
the present proprietorship of the Trade Mark. 
(a) And 1 make this solemn declaration conscientiously believing the same to be true 
and according to the Statutory Declarations Act and 1 am aware that if there is any 
statement in this declaration which is false in fact, which I know or believe to be false or do 
not believe to be true, I am liable to fine and imprisonment. 
(b) .••..•............•......•..•........••.••..•...•.....• 
Declared at ............................................... } 
this .......... day of ............... 19 ... . 
Before me (c) 
To the Registrar, 
Registrar General's Office, 
Port-or-Spain. (a) This 
para~aph is not 
rcqwred when 
the declaration 
is made out of 
Trinidad and 
Tobago. 
(b) To be 
signed here by 
the person 
making the 
declaration. 
(c) Si,8nature 
and utle of 
Authority 
before whom 
the declaration 
is made. TRADE 
MARKS 
tFee: 12 
• Additional 
numbers may 
be given in a 
signed schedule 
on the back of 
the Form. 
(a) Strike out 
one of these 
words. 
(b) Signature. 
(a) Here insert 
the name of the 
public authority 
ordering the 
change, and the 
date thereof. 
(b) Signature of 
the Registered 
Proprietor or 
User, as the 
case may be. IP /Nil ITTO/T 11 
Page 97 
(rules 71, 75, 91) 
FORM TM-No. 15 
TRADE MARKS ACT 
Request for Alteration of Trade or Business Address in 
Register of Trade Marks 
IN THE MA TIER OF the Trade Mark(s) No ................................. .. 
registered in Class ......... . 
I (or We) .............................................. , ................... . 
of ...................................................................... , being 
the Registered (a) { p~~~(~r(S) } of the Trade Mark(s) numbered as 
above, request that my (or our) trade address in the Register of Trade Marks be altered 
to ........................................................................... . 
. Dated this .......... day of .............. 19 ... . 
(b) ............•...•..............•..............•........ 
Note-A Registered Proprietor or Registered User whose address has been altered by a 
public authority, so that the changed address designates the same premises as before, may 
make also the statement below in order to avoid payment of the stamp fee. 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. 
[For use only in case of an address changed by a public authority, without change of 
premises:] 
The change of address, for the entry of which application is made above, was ordered by 
(a) ............................•......................... 
on the .......... day of .............. 19 ... . 
(b) ..................................................... . 
tNote-If the above statement be made, and a certificate of the alteration given by the 
named authority be supplied, the Registrar, if satisfied as to the facts of the case, will not 
require Form TM-No. 15 to be stamped (see rule 71). IPINllITTO/TIl 
Page 98 
(rule 55) 
FORMTM-No.16 
TRADE MARKS ACf 
Application to the Registrar under section 32(5) and rule 55 to dissolve the Association 
between a registered Trade Mark and (an)other registered Trade Mark(s) 
To be accompanied by a Statement of Case 
IN THE MA TIER OF a Trade Mark 
No ........... registered in Class ....... : .. 
I (or We) 
......................................................................... being 
the Registered Proprietor(s) of the above-numbered Trade Mark, hereby apply that the 
association of this Trade Mark with the fol1owing Trade Mark(s) registered in my (our) 
name:-
No ...................... registered in Class .................................. . 
No ....................... registered in Class .................................. . 
may be dissolved and the Register amended accordingly. 
The grounds for this application are set forth in the accompanying Statement of Case. 
Dated this .......... day of .............. 19 ... . TRADE 
MARKS 
$30 
(a) ........................................•............................... (a) Signature. 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. TRADE 
MARKS 
S10 
(a) Here insert 
words and 
reference 
number 
identifying the 
entry or 
application. 
(b) Signature. FORM TM-No. 17 
TRADE MARKS ACf IPIN/1/TTO/T/1 
Page 99 
(rule 91) 
Request for Correction of Clerical Error; or for permission to amend Application 
IN THE MATTER OF (a) ••.....••. 
I (or \Ve), being the ........................................................... . 
hereby request that ........................................................... . 
Dated this .......... day of .............. 19 ... . 
(b) ...................................................... . 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. IP/N/lITTO/T/1 
Page 100 
F6RM TM-No. 18 (rules 75, 91) 
TRADE MARKS ACT 
Request to enter Change of Name or Description of Registered Proprietor (or Registered 
User) of Trade Mark Upon the Register 
I (or We,) (a) ..•.••••.•..••••.•.•••••.•.••.•••••.•.....••••••..•...........• 
hereby request that (b) •.....•... name(s) and description(s) may be entered in the 
Register of Trade Marks as (c) {proprietor(s) of the regIstered user( s) 
Trade Mark(s) No ...........• registered in Class ............................... . 
{the said Trade Mark 
(d) .....•...••.••.•.••• entitled to (c) use. the said Trade Mark as 
regIstered user(s). 
. . { actual proprietorship } There has been no change ill the (c) identity of the registered user(s) TRADE 
MARKS 
Fee: 9 or 9a. 
(a) Here insert 
present name, 
address and 
description of 
Registered 
Proprietor or 
Registered 
User. 
(b) My or our. 
(c) Strike out 
the words that 
are not 
applicable. 
• Additional 
numbers may 
be given on a 
signed schedule 
on the back of 
the Form. 
(d) I am or We 
are. 
of the said Trade Mark, but (e) ....................... " '" .........•....... , .... {~eHere state 
The entry at present standing in the Register gives my (or our) name(s) and 
description(s) all as follows .................................................... . 
Dated this .......... day of .............. 19 ... . circumstances 
under which the 
change of name 
took place. 
(f) ••..•..••.•...•.......•••••••..•..••..••.••••........•. (f) Signature. 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. TRADE 
MARKS 
$15 
(a) Here insert 
the trade or 
business 
address and 
desaiption of 
the applicant(s) 
or his ( their) 
firm. 
(b) Signature. FORM TM-No. 19 
TRADE MARKS ACf IP/NI1 rrTO/TIl 
Page 101 
(rule 75) 
Application by Registered Proprietor of Trade Mark for the cancellation of Entry thereofin 
Register 
(Paragraph (c) of section 48(1)(c) and rules 75 and 76) 
IN THE MA TIER OF Trade Mark No. .. .................................... . 
Oass .......................................•.............................. 
Name of Registered Proprietor ......................................•......... 
Trade or business address ...............•.. '" .........•..............•....... 
Description ................................................................ . 
Application is hereby made by ........•....................................... 
of (a) ......••....•....•. . [or by .............................................. . 
a member of the Firm of .......................•............................•.. 
of (a) ......•.......•........•.•....•............•..•..............•.....•.••.. 
on behalf of my said Firm] ..................................................... . 
that the entry in the Register of Trade Marks of the Trade Mark No ................ . 
in Oass .......... may be cancelled. 
Dated this .......... day of. ............. 19 .. .. 
(b) ....••..........••..........•...•...............••...•. 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. 
Note-rule 75 requires that an application on Form TM-No. 19 shall be signed by,the 
Registered Proprietor of the Trade Mark, or other person entitled under that Rule, unless 
in exceptional circumstances the Registrar otherwise allows. IP/N/1/TTO/TIl 
Page 102 
FQRM TM-No. 20 (rule 75) 
TRADE MARKS ACf 
Application by Registered Proprietor of Trade Mark to the Registrar to strike oUl Goods 
from those faT which the Trade Mark is Registered 
(Paragraph (d) of section 48(1)(d) and rules 75 and 76) 
IN THE MA TIER OF Trade Mark No. .. ................................... .. 
registered in Class .......................................................... . 
Name of Registered Proprietor ............................................... . 
Trade or business address .................................................... . 
Description ................................................................ . 
Application is hereby made by ............................................... . 
of (a) ..•................. . [or by .............................................. . 
a member of the Firm of ...................................................... . 
of (a) ............................................. , ... , ... , ...•............... 
on behalf of my said Firm] .......................... " ......................... . TRADE 
MARKS 
$15 
(a) Here insert 
the trade or 
business 
address and 
description of 
the applicant(s) 
or his (their) 
firm. 
for the striking out of (b) ....................................................... ~Si~:~ the 
goods to be from the goods for which the Trade Mark No. . ................................. is struck out. 
registered in Class ......... . 
Dated this .......... day of .............. 19 ... . 
(c) • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • . . . . . . • . • . . . . . . . . . .• (c) Signature. 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. 
Note-Rule 75 requires that an application on Form TM-No. 20 shall be signed by the 
Registered Proprietor of the Trade Mark, or other person entitled under that rule, unless 
in exceptional circumstances the Registrar otherwise allows. TRADE 
MARKS 
$10 
(a) Here insert 
the name, trade, 
or business 
address and 
description of 
the Registered 
Proprietor. 
(b) Signature. FORM TM-No. 21 
TRADE MARKS ACf IP /Nil ITTO/T 11 
Page 103 
(rules 75, 77) 
Request by Registered Proprietor of a Trade Mark that a Disclaimer or Memorandum 
relating thereto may be registered 
Request is hereby made by (a) ......••..•..•.............................••... 
of .......................................................................... . 
for the addition to the entry in the Register in connection with Trade 
Mark No ........... in Class .......... of the following ........................... . 
namely-........................................ '" ......................... . 
............................... ... ...................... ...................... . 
Dated this .......... day of. ............. 19 .. .. 
(b) ...................................................... . 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. IP/N/lITTO/TIl 
Page 104 
FORM TM-No. 22 (rule 79) 
TRADE MARKS ACT 
Application by Registered Proprietor under section 49 for an addition to or alteration of a 
Registered Trade Mark. (rules 79 and 82) 
IN THE MATTER OF the Trade Mark 
No .......... .in Class ............. . 
Application is hereby made by (a) ..•.•.•..•.••••...•••........•.••.•.•........ 
of ............................................. being the Registered Proprietor(s) 
of the Registered Trade Mark numbered as above, that the Registrar shaH add to it or alter 
it in the foHowing particulars, that is to say-(b) 
Four copies of the mark as it will appear when so altered are filed herewith. 
Dated this .......... day of. ............. 19 ... . TRADE 
MARKS 
Fee: 11 or 11a 
(a) Here insert 
name, trade or 
business 
address and 
desaiption. 
(b) Here fill in 
full particulars. 
(e) ..........................................•............ (c) Signature. 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. TRADE 
MARKS 
S50 
(a) Here state 
full name and 
address. 
(b) Strike out 
the word (or 
words) that is 
(are) not 
applicable. 
(c) Signature. (rules 72, 74) 
FORM TM-No. 23 
TRADE MARKS ACf IPINIl/TTO/TIl 
Page 105 
Application to the Registrar for the Rectification of the Register or the Removal of a Trade 
Mark from the Register 
(To be accompanied by an unstamped copy and a Statement of Case in duplicate.) 
IN THE MA TIER OF the Trade Mark 
No .................... registered in the name of 
............................. in Class ........ . 
I (or We) (a) ..........•.•..............•••..•....•••.•............•...•...•• 
hereby apply that the entry in the Register in respect of the above-mentioned Trade Mark 
may be removed (b) rectified in the following manner: 
The grounds of my (our) application are as follows:-
No action concerning the Trade Mark in question is pending in the Court. 
Address for service in Trinidad and Tobago in these proceedings: 
Dated this .......... day of .............. 19 ... . 
(c) .............................................•....•.•.. 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. IP/N/lITTO/TIl 
Page 106 
FORM TM-No. 24 (rule 74) 
TRADE MARKS ACT 
Application to the Registrar for Leave to intervene in Proceedings relating to the 
Rectification of the Register or the Removal of a Trade Mark from the Register 
IN THE MA TIER OF Trade Mark 
No ................. registered in the name of 
............ , ............ in Class ......... . TRADE 
MARKS 
. $50 
I (or We) (a) (a) Here state • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • . • •• full name and 
hereby apply for leave to intervene in the proceedings relating to the rectification or 
removal of the entry in the Register in respect of the above-mentioned Trade Mark. 
My (our) interest in the Trade Mark is ....................................... .. 
............ , ................................................................. . 
Address for Service in Trinidad and Tobago in these proceedings: 
Dated this .......... day of. ............. 19 ... . address. 
(b) •••....•..................•.............••............ . (b) Signature. 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. IP/N/1/TTO/T/1 
Page 107 
(rule 100) 
TRADE FORM TM-No. 25 
MARKS 
Fee: 19 or 190 TRADE MARKS ACT 
Request for General Cenificate of the Registrar (including Cenificate of Registration of a 
Trade Mark) 
(rule 100) 
•...• These iN THE MA TIER OF" the Trade Mark No .......................... , registered as 
words may be 
varied to suit Cl. other cases. ass ......... . 
(a) Here set out 
the particulars 
which the 
Registrar is 
requested to 
certify. 
(b) Strike out 
words that are 
not applicable. 
(c) Signature. 
(d) Address. I (or We) .......•...................................................•.....•. 
of ........................................•.................................. 
hereby request the Registrar to furnish me (us) with 
(b) his Certificate that (a) ...........................•.....................•...•. 
(b) a Certificate of registration of the Trade Mark (b) for use in obtaining registration 
abroad. 
Dated this .......... day of .............. 19 ... . 
(c) ...................................................... . 
(d) ...................................................... . 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. 
"rule 102.-(1) Where a certificate of registration of a trade mark is desired for use in 
obtaining registration abroad, the Registrar shall include in the certificate a copy of the 
mark and may require the applicant for the certificate to furnish him with a copy of the 
mark suitable for the purpose and if the applicant fails to do so, may refuse to issue the 
certificate. 
(2) The Registrar may state in the certificate such particulars concerning 
the registration of the mark as to him may seem fit, and may omit therefrom reference to 
any disclaimers appearing in the register, but in the last-mentioned case the certificate 
shall be marked: 'For use in obtaining registration abroad only' ." IP/N/lITTO/TIl 
Page 108 
FORM TM-No. 26 (rules 17, 32) 
TRADE MARKS ACT 
Application under section 36 and rule 32 for Registration of an Invented Wo~d (or Words) 
in Part t of the Register as a Defensive Trade Mark. 
One representation to 
be fixed within this 
space, and four 
others to be supplied. 
Application is hereby made for Registration in Partt of the Register of the above 
word(s) as a Defensive Trade Mark in Class .............................. in respect 
of (a) ...•...•.....•..................•..........•.........•••..•••••••........ 
in the name of (b) ............................................•.••.•.•......... 
of (c) ...••.••........••.• , ...•..............•.•...••..•...••.•..••••••.......• 
trading as (d) ................................................................. . 
who is (are) the proprietor(s) of the same Trade Mark registered in Oass (e) .......... in 
respect of .......... under No .......... . 
According to my (our) information and belief, the word(s) is (are) invented. 
The particulars of the facts on which I ( we) rely in support of this application are set 
forth in the accompanying Statement of Case (f). 
Dated this .......... day of. ............. 19 ... . 
(g) ...................................................... . 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. TRADE 
MARKS 
Fee: $75 
tWrite 
distinctly here 
"A" or "B", 
according to the 
registration 
desired. 
(a) Here specify 
the goods. Only 
~oods included 
111 one and the 
same class 
should be 
specified. 
(b) Here insert 
legibly the full 
name, 
description and 
natiooa1ity of 
the individual, 
firm, or body 
rorporate 
making the 
application. The 
names of all 
parlners in a 
firm must be 
given in full. If 
~~licantis 
rorporate, the 
kind and 
rountry of 
inrorporation 
should be 
stated. 
(c) Here insert 
the full trade or 
business 
address of the 
applicant. 
(d) Here insert 
the trading style 
(if any). 
(e) Here insert 
particulars of 
the Applicant's 
registration of 
the Trade 
Mark. 
(f) To be 
furnished in 
duplicate. 
(g) Signature. TRADE 
MARKS 
If left after 
registration: 
Fee 20 or 2fu. 
If left at ·the . 
time of 
registration: No 
Fee. 
(a) Here insert 
the full name 
and trade or 
business 
address of the 
person making 
the request. 
(b) Strike out 
from the 
underlined 
words those 
that are not 
app'licable and 
stnke out one of 
the words 
.. Proprietor" or 
"User" as the 
case may be. 
"Additional 
numbers may 
be given in a 
signed schedule 
on the back of 
the Fonn. 
(c) Cancel 
words that are 
not applicable. 
(d) State here 
the precise 
entry or 
changed entry 
desired. 
(e) Signature. 
(a) Here insert 
the name of the 
public authority 
ordering the 
change, and the 
date thereof. 
(b) Signature of 
the Registered 
Proprietor or 
Registered 
User, as the 
case may be. JP /N/lITTO/T 11 
Page 109 
(rules 9, 54, 71, 75, 86, 91) 
FORM TM-No. 27 
TRADE MARKS ACf 
Form of Request to the Registrar by a Registered Proprietor or a Registered User ofa Trade 
Mark, or a person about to be so registered, to enter, alter, or substitwe an Address for 
Service as part of his Registration (rnles 9, 71). : 
Request is made by (a) .•.......•...............•................. " ...•..••.. 
....................................... who is about to be registered as (or) who is 
the Registered (b) Proprietor (User) of Trade Mark(s) No ......................... . 
-registered in Class ..... .for the (c) indusion, addition, alteration or substitution of an 
address for service in the United Kingdom in or to the entry thereof so that the address for 
service in Trinidad and Tobago may read: (d) .................................... . 
Dated this .......... day of .............. 19 ... . 
(e) •••••••••••••••••••••••••••••••••••• ! ••••••••••••••••• 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. 
Note:-A Registered Proprietor or Registered User whose address for service in 
Trinidad and Tobago has been altered by a public authority, so that the changed address 
designates the same premises as before, may make also the statement for which there is 
provision on the back of this Form in order to avoid payment of the stamp fee. 
Note:-By rules 9 and 71 an application on Form TM-No. 27 must be signed by the 
Applicant for registration or the Registered Proprietor or Registered User, as the case 
may be, or by an agent expressly authorised by him for the purpose of such an application, 
unless in exceptional circumstances the Registrar otherwise allows. 
[To appear on the back of the Form:-] 
(For use only in case of an address for service changed by a public authority, without 
change of premises.) 
The change of address, for the entry of which application is made on the other side of 
this Form, was ordered by (a) ..................•.......................•.....•.. 
on the .......... day of .......... 19 ... . 
Dated this .......... day of .............. 19 ... . 
(b) ....................................................... . 
Note:-Ii the above statement be made, and a certificate of the alteration given by the 
named authority be supplied, the Registrar, if satisfied as to the facts of the case, will not 
require Form TM-No. 27 to be stamped. (See rule 71). 
tNote:-A request on Form TM-No. 27 to enter an initial address for service as part of 
a registration may be un stamped if it accompanies one of the Forms Thi-No. 12, No. 13 
or No. 38. IP/N/lITTO/TIl 
Page 110 
FORM TM-No. 28 
TRADE MARKS ACT 
section 50-Schedule of the Act 
Regula/ions for governing the use of Certification Trade Mark No. (rule 35) 
(a) Here specify in Class ............................................. .in respect of (a) . . . . . . . . .. the goods of the 
registration. 
[For Official Use.] 
Advertised in Gazette No ........... at page .................................... on 
the .......... day of ............. . 
[Date of Application and Registration ................ 19 .... ] TRADE 
MARKS 
Fee: lSa 
(a) Here state 
name and 
address of the 
proprietor(s) as 
registered. 
(b) If the same 
Regulations 
apply to more 
than one 
registration. the 
numbers of all 
registrations 
should be 
stated. 
(c) Here state 
the 
specificatio~s of 
the respective 
registrations. 
(d) Three 
copies should 
be furnished. 
(e) Signature. FORM TM-No. 29 
TRADE MARKS ACf IP/N/1/TTO/TIl 
Page 111 
(rule 84) 
Request for the consent of the Board of Trade to alteration of the deposited Regulations for 
use of a Certification Trade Mark 
section 50-Schedule of the Act-rule 84 
Application is hereby made by (a) ........................................... .. 
who is (or are) the Proprietor(s) of the Certification Trade Mark(s) 
No. (b) .......... " 
(c) registered in Class .............. " in respect of 
that the deposited Regulations for governing the use of the Mark may be altered in the 
manner shown in red in the accompanying copies (d) of the Regulations as proposed to be 
altered, and for the consent of the Registrar to such alteration. 
Dated this .......... day of .............. 19 ... . 
(e) ...................................................... . 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. 
• Additional numbers and Specifications may be given in a signed schedule on the back 
of the Form. IP/NIlITTO/TIl 
Page 112 
FORM TM-No. 30 (rule 83) 
TRADE MARKS ACf 
section 50-Schedule of the Act-rule 83 
Application to the Board of Trade for an order Expunging or Varying an entry in the 
Register relating to a Certification Trade Mark or Varying the deposited Regulations 
[To be accompanied by an unstamped copy and a Statement of Case in duplicate.] 
IN THE MATTER OF Certification Trade Mark No. 
registered in the name of ................... .in Gass ......... . TRADE 
MARKS 
$50 
I (or We) (a) .......•.....•.........•.............•.•.....•••....•........... K:1 ~::eS!~~ 
being an aggrieved person(s), hereby apply for an order of the Board of Trade that: 
1. (b)The Entry in the Register in respect of the above-mentioned 
{expunged. 
Trade Mark may be (c) varied in the following manner: .......................... . 
2. (b) The deposited Regulations governing the use of the above-mentioned 
Trade Mark may be varied in the following manner: .............................. . 
The grounds of my (our) application are as follows: 
Address for Service in Trinidad and Tobago in these proceedings: 
Dated this .......... day of .............. 19 ... . 
(d) .......•............................................... 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. address. 
(b) Strike out 
either 
paragraph that 
IS not 
applicable. 
(c) Strike out 
one of these 
lines. 
(d) Signature. TRADE 
MARKS 
Fee: 7. 
(a) Here insert 
the name and 
trade or 
business 
address of the 
Registered 
Proprietor. FORM TM-No. 31 
TRADE MARKS ACf IP/NIl/TTO/TIl 
Page 113 
(rule 69) 
Application for the Certificate of the Registrar under section 29(2) and rule 69 with 
reference to a proposed Assignment of a Registered Trade Mark 
(To be accompanied by a Statement of Case in duplicate and a copy of the proposed 
assignment.) 
IN THE MATIER OF Trade Mark(s) No.(s) .......... registered in the 
name of .............................................•........................ 
in Oass(es) ................... . 
Application is hereby made by (a) 
of ..............•.........•.................................................. 
being the Registered Proprietor(s) of the above-numbered registered trade mark(s), for 
the Registrar's Certificate under section 29(2) with reference to a proposed assignment of 
the registered trade mark(s) 
(b) Here insert No.(s) .......... to (b) .............................•......................••... 
the name and 
trade or business .••.•••••••••••••••••••••.•••••.•....•.••••••••..••.••.•••....•....•.•••••••.• 
address of the 
proposed of .......................................................................... . assignee. 
(c) Signature. in circumstances that are stated fully in the accompanying Statement of Case. 
Dated this .......... day of. ............. 19 ... . 
(c) ••...•.......•..................................••.•... 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. IP/N/1ITTO/TI1 
Page 114 
FORM TM-No. 32 (rule 69) 
TRADE MARKS ACT 
Application for the Approval by the Registrar under section 30 and rule 69 of a proposed 
assignment, or of a transmission (since the commencement of the Act), of a Trade Mark 
resulting in exclusive rights in different persons for different parts of Trinidad and 
Tobago. TRADE 
MARKS 
Fee: 7a 
'T 0 be st ruck 
out in the case 
of unregistered 
(To be accompanied by a Statement of Case in duplicate and a Copy of the Instrument trade marks. 
proposed for the Assignment or effecting the Transmission.) Strike out either 
IN THE MATIER OF a Trade Mark(s) 
"Registered under No.(s) .............•......... in 
Class(es) ....•..... ," the property of ..•.. paragraph (1) 
or paragraph 
(2). 
(a) Insert here 
the name and 
trade or 
business 
address of the 
Application is hereby made by ..............•.......•.•....................... Proprietor. (b) Strike out 
(1) (a) .••.•.......•...•.•..•••.•.•••.•••..••••...•••••••.••••..•.•••.•.......• ~~~li~~I~~t 
of ........................................................................... We I~:m~sh:~~ 
the Proprietor of the trade mark(s) shown in the accompanying Statement 
of Case (b) [registered in his name] and (b) [used by him] in respect of the 
following goods: ............•........................•.........•....•.......... 
for the approval by the Registrar of a proposed assignment of the trade trade or 
business 
addresses of the 
proposed 
assignee or 
assifnees. 
mark(s) to (c) ................. " .of ...........................•....•.......... ~'2n;~f~h~e .' place or places m respect of the followmg goods: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. In Trinidad and 
Tobago. to be sold or otherwise traded in in (d) .......................................... . tStrike out the 
t[ and to (c) .................... of ............................................. bracket~ passage if not 
. f h f 11 . required ...................................................... m respect 0 t e 0 owmg (t) Insert here 
goods. . . .. . ..................................... to be sold or otherwise traded in :~d~::e and 
. (d) ]. . h d f II . h . business In • . • • . • • • . . • . . . • • . .. m CIrcumstances t at are state u y m t e accompanying address of the 
Statement of Case. person who 
claims a (2) (e) ...••........••.....•...•..•................•..•..........•...•........ , transmission to 
who. claims that the trade mark(s) shown in the accompanying ~minsert here 
Statement of Case was (were), in respect of the following goods, namely the date of the 
transmission, 
• . • • • • • • • . • • • . . • . • . • . . • . . • • . • . • • • . . • . • . • • • . • . . . . • . • • • • • • . • • . • . • • . . • • • • . • . . . . .. which must not 
precede the 
and on the (f) .......... day of ................................ 19 .... ; transmitted (:ts~\~ ~~r 
to (g) him (to (h) ......... , ... , ...... of ........................................ ~~~ :~t'ds that 
( h hi d .. I » b f applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . w 0 was s pre ecessor In Itt e , y or rom (h) Insert here 
. the name and (I) ....•••.•.••.•.••.•••.••.•.•••.•....•.•...••.•..•••...•........•..•........ trade or 
business 
of ............................................................................ address of the 
by whom the Trade Mark was then used in respect of the following goods, namely .... ~rede.cessor 41 
all in circumstances that are stated fully in the accompanying Statement of Case, for the ?)I'l' If ~nh' 
approval by the Registrar of the aforesaid transmission. the ~e a~d 
Dated this .......... day of .............. 19 ... . trade or 
business 
address of the 
0) ....................................................... person.who transmitted. 
(j) Signature. To the Registrar, 
Registrar General's Office, 
Port-of-Spain. TRADE 
MARKS 
Fee: 7b FORM TM-No. 33 
TRADE MARKS ACf IP/NIlITTO/T/1 
Page 115 
(rule 70) 
'-------' Application to the Registrar under section 31(1) and rule 70 for Directions for the 
Advertisement of an Assignment of Trade Marks otherwise than in connection with the 
goodwill of the business. 
[To be accompanied by an unstamped duplicate.1 
(a) Here insert Application is hereby made by (a) ...............•.........•................... the name and 
trade or 
business •••.•.•.••.••.........•..•••.•.•.......••.••..•.•..•..•..••..........•....•••. 
address of the 
(:~ru~t). of .......................................................................... . 
(b) Here insert 
the name and 
trade or 
business 
address of the 
proprietor 
(3SSIgnor). 
(c) Only those 
wvegistered 
trade marks 
passing by the 
one assi~ment 
and used in the 
same business 
and for the 
same goods as 
those for which 
one or more of 
the registered 
marks are 
registered may 
be Slated here. 
(d) Signature. for the Registrar's Directions with respect to the advertisement of an assignment to him 
(them) of the following Trade Marks otherwise than in connection with the goodwill of the 
business in which they were used at the time of assignment, namely:-
(1) Registered Trade Marks: 
Registration Class 
Number 
t Goods in respect of which the 
Mark has been used and is 
assigned. 
all of which are or were registered in the name of (b) 
of ....................................................................... who 
is the assignor; 
(2) Unregistered Trade Marks (c), all being Marks used in his business 
at the time of the assignment in respect of the goods stated below, by (b) 
of .......................•...........................•.•...................... 
who is the assign or: 
Representation of Mark 
t Goods in respect of which the 
Mark has been used and is 
assigned. 
The date of assignment was the .......... day of. ............ 19 ... . 
The instrument effecting the assignment is sent herewith, together with a copy thereof. 
It is suggested that advertisement shall be directC;C\ as follows, namely, in ............ . 
t Additional Marks and numbers may be given in a signed schedule on the back of the 
Form. 
Dated this .......... day of. ............. 19 ... . 
(d) ••••.•....•..••.•.......•...•.•................•..••... 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. IP/N/lITTO/TIl 
Page 116 
FORM TM-No. 34 (rule 70) 
TRADE MARKS ACT 
Application for Extension of Time in which to apply for the Registrar's Directions for the 
advertisement of an assignment of Trade Marks otherwise than in connection with the 
goodwill of the business (section 31(1) and mle 70). 
Application is hereby made by (a) ............................................ . 
..................... : ...................................................... of 
.......................................................................... .for 
extension of time of (b) ........ month(s) in which to apply for the Registrar's Directions 
for the advertisement of an assignment to him (them) of the following Trade Marks 
otherwise than in connection with the goodwill of the business in which they were used at 
the time of assignment, namely:-
(1) Registered Trade Marks: 
Registration Class 
Number 
t Goods in respect of which the 
Mark has been used and is 
assigned 
all of which are or were registered in the name of (c) 
of .......................................................................... . 
who is the assignor: 
(2) Unregistered Trade Marks, all being Marks used in his business at the time of 
assignment and in respect of the goods stated below, by (c) ...........•............. 
of .......................................................... who is the assignor: 
Representation of Mark 
t Goods in respect of which the 
Mark has been used and is 
assigned 
The date of assignment was the .......... day of ........... 19 ... . 
t Additional Marks and numbers may be given in a signed schedule on the back of the 
Fonn. 
Dated this .......... day of ........ , ..... 19 ... . TRADE 
MARKS 
Fee: 7c. 
(a) Here insert 
the name and 
trade or 
business 
address of the 
assignee 
(appliC3!lt). 
(b) Here insert 
"one", or 
"two", or 
.. three". 
(c) Here insert 
the name and 
trade or 
business 
address of the 
proprietor 
(assignor) . 
(d) ....................................................... (d) Signature. 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. TRADE 
MARKS 
$30 
(a) Here state 
full name and 
address. 
(b) Signature. FORM TM-No. 35 
TRADE MARKS ACf IP/N/lITTO/TIl 
Page 117 
(rule 80) 
Notice of Opposition to Application under section 49 for addition to 0; alteration of a 
Registered Trade Mark 
(To be accompanied by an unstamped duplicate.) 
IN THE MATTER OF the Trade Mark No .......................... registered in 
the name of .................... in Class ......... . 
I (or We,) (a) ..•••...•••.•......•.•.••••••.•.•••.•.•••.•.•••.......••••••••. 
hereby give notice of my (or our) intention to oppose the addition to or alteration of the 
Trade Mark numbered and registered as above, so that it shall be in the form shown in the 
application advertised in the Trade Marks Journal of the ............ day of ......... . 
19 ... .", No ........... , page ......... . 
The grounds of opposition are as follows: 
Address for Service in Trinidad and Tobago in these proceedings: 
Dated this .......... day of .............. 19 .. .. 
(b) ................................•....................•• 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. IP/NIlITTO/TI 1 
Page 118 
FORM TM-No. 36 (rule 106) 
TRADE MARKS ACf 
Notice of Order of Court for Alteration or Rectification of Register of Trade Marks 
IN THE MATTER OF the Trade Mark, No ......................••. registered in 
Class .......... in the name of ............... " .................................. . 
Notice is hereby given to the Registrar that, by an Order of the Court made on 
the ............ day of .............. 19 .... , it was directed that .................. . 
An Office Copy of the Order of the Court is enclosed herewith. 
Dated this .......... day of. ............. 19 ... . 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. TRADE 
MARKS 
$20 
"To be signed 
by the person 
interested or his 
agent. TRADE 
MARKS 
Fee: $20 
(a) Here state 
the name and 
address of the 
Registered 
Proprietor. 
(b) Here state 
the nature of 
the 
proceedings. 
with the names 
of the parties to 
them. III which 
the Certificate 
was given. 
(c) Signature. FORM TM-No. 37 
TRADE MARKS ACf IP/NIl/TTO/TIl 
Page 119 
(rule 78) 
Request to the Registrar for entry on the Register and advertisement of a note of a 
Certificate o/Validity by the Court under section 56. 
IN THE MATTER OF Trade Mark(s) No.(s) .......... , registered in 
.......... Class ..... , .... in the name of ........... , ..................... , ..... . 
I (or We), (a) •••.....•.•.•..•..•.•.•...•..•.•••.....•••............•....•... 
hereby request the Registrar to add to the above-numbered entry(ies) of a Trade Mark in 
the Register, and to advertise in the Gazette. a note that in 
(b) ................................................................•......... 
the Court certified that the validity of the said registration(s) came into question and was 
decided in favour of the proprietor of the Trade Mark in the terms of the accompanying 
Office Copy of the certificate of validity. 
Dated this .......... day of .............. 19 ... . 
(c) ..........................•....•....•.........••....... 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. IP/N/1/TTO/TIl 
Page 120 
FORM TM-No. 38 (rule 85) 
TRADE MARKS ACT 
Application for Registration of Registered User 
[To be accompanied by a Statement of Case giving particulars and stating as required by 
section 37(4), verified by a Statutory Declaration made by the Proprietor, or by some 
person authorised to act on his behalf and approved by the Registrar.] 
Application is hereby made by (a) ............. : •...........•.................. 
who is (or are) the registered proprietor(s) of Trade Mark(s) No.(s) ................ . 
· ....... ' registered in Class ......... .in respect of (b) . .. • .......•............... 
.... , ..... that (c) .............•.....................•......................... 
of (d) ...•.................................................................... 
· ................... trading as (e) ................. , ........................... . 
who hereby joins in the application, may be registered as a registered user of the above-
numbered registered trade mark(s) in respect of (f) ................••............. 
subject to the following conditions or restrictions:-
(g) ..•.••..•.........•.••...•.•.•.......•.......•...••.•...•...••............ 
(h) The proposed permitted use is to end on the ............................. day of 
· . . . . . . . . . . . .. 19 ..... The proposed permitted use is without limit of period. 
Dated this .......... day of .............. 19 .. ,. 
(i) .......................... ; •..•....•................... 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. 
[A request for the entry of an address for service of the registered user may be made on 
an unstampe.d copy of Form TM-No. 27 if it accompanies this Form.] TRADE 
MARKS 
Fee: 5 or Sa 
"Additional 
numbers may 
be given in a 
signed Scl1edule 
on the back of 
the Form. 
(a) Here insert 
full name, trade 
or business 
address and 
description of 
the registered 
proprietor(s): 
(b) Here insert 
the specification 
in the register. 
(c) Here insert 
the full name, 
description and 
nationality of 
the individual, 
firm, or body 
corporate, 
proposed as 
regIStered user. 
The names of 
all partners in a 
firm must be 
given in full. In 
the case of a 
body corporate 
brief particulars 
of the Icind and 
country of 
incorporation 
should be 
stated. 
(d) Here insert 
the full trade or 
business 
address of the 
proposed 
regIStered user. 
(~) Here insert 
trading style (if 
u?here insert 
designation of 
goods (which 
must be 
comprised 
within the 
specification). 
(g) Write NOM 
if there are no 
conditions or 
rest rid ions. 
(h) Strike out 
the words that 
are not 
awlicable. 
(i) Signature. TRADE 
MARKS 
Fee: 
5b or Se. 
(a) Here insert 
the full name, 
description and 
trade or 
business 
address of the 
registered 
proprietor. 
"Additional 
numbers may 
be given in a 
signed schedule 
on the back of 
the Form. 
(b) Here insert 
the specification 
in the register. 
(c) Here insert 
the full name, 
description and 
trade or 
business 
address of the 
registered user. 
(d) Here insert 
the goods in 
respect of which 
the user is 
registered. 
(e) Here state in 
terms the 
manner in 
which it is 
requested that 
the entry should 
be varied. 
(f) Signature. FORM TM-No. 39 
TRADE MARKS ACf IP/N/lITTO/TI1 
Page 121 
(rule 87) 
Application by the Registered Proprietor of a Trade Mark for variation o/the registration 0/ 
a Registered User thereof with regard to the goods or the conditions or restrictions 
(Section 41 (1) (a); rule 87). 
[To be accompanied by a Statement of the Grounds for the application and the written 
consent (if given) of the Registered User.] 
Application is hereby made by (a) ............................................ . 
the proprietor of trade mark(s) No .............................• registered in Class 
.......... in respect of (b) ..............................•................•.•..• 
. ............. ~ .............................................................. . 
that the registration of (c) ........•..........•..•....•.•.••.............••...... 
as a registered user of the above-numbered trade mark(s) in respect of (d) .....•..•.. 
may be varied in the following manner: (e) ..............................•.....•.. 
Dated this .......... day of .............. 19 ... . 
(f) .......••............••......•..•.......•....•••.•.•••. 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. IP/N/1/TTO/TIl 
Page 122 
FORM TM-No. 40 (rule 88) 
TRADE MARKS ACf 
Application by the Registered Proprietor ofa Trade Mark or by any o/the Registered Users 
of the Trade Mark for the cancellation of entry of a Registered User thereof 
(Section 41 (l)(b); rule 88). 
(To be accompanied by a Statement of the Grounds for the application) 
Application is hereby made by (a) ..................................•.......... 
being (b) the Registered Proprietor (a Registered User) of trade mark(s) No ......... * 
registered in Class ............... .in respect of (c) ..••.........•...•••........... 
for the cancellation of the entry under the above-mentioned registration(s) of (d) ..... 
as a registered user of the trade mark(s) in respect of (e) .............•............. 
The grounds for this application are set forth in the accompanying statement. 
Dated this .......... day of .............. 19 ... . 
(f) 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. TRADE 
MARKS 
Fee: 
Sd or Se 
(a) Here insert 
the full name, 
description and 
trade or 
business 
address of the 
applicant or of 
the applicants. 
(b) Strilce out 
the wo~ that 
are not 
applicable . 
• Additional 
numbers may 
be given in a 
signed schedule 
on the bad of 
the Form. 
(c) Here insert 
the specification 
in the register. 
(d) Here insert 
the full name, 
description and 
trade or 
business 
address of the 
registered user 
whose entry is 
sought to be 
cancelled. 
(e) Here insert 
goods in respect 
of which that 
registered user 
is entered. 
(f) Signature(s). TRADE 
MARKS 
Fee: 
5for 5g 
• Additional 
numbers may 
be given in a 
signed schedule 
on the back of 
the Form. 
(a) Here insert 
the name, trade 
or business 
address and 
description of 
the registered 
proprietor as 
entered in the 
register. 
(b) Here insert 
the name and 
address of the 
applicant for 
cancellation. 
(c) Here insert 
the name, trade 
or business 
address and 
description of 
the registered 
user as entered 
in the register. 
(d) Here insert 
the goods in 
respect of which 
the registered 
user is entered. 
(e) Here insert 
one or more of 
the 
sub-paragraphs 
of paragraphs 
(c) of sectIOn 
41(1) 
numbered (i), 
(ii), (ill). 
(f) Signature. FORM TM-No. 41 
TRADE MARKS ACT IP/N/lITTO/T/l 
Page 123 
(rule 89) 
Application for cancellation of entry of a Registered User of a Trade Mark 
(Section 41 (I) (c); rule 89). 
(To be accompanied by a Statement of the Grounds for the application.) 
IN THE MATTER OF Trade Mark(s) No.(s) .................................. * 
registered in Class ......... .in the name of (a) .................................. . 
Application is hereby made by (b) ........................................... .. 
(whose address for service in Trinidad and Tobago in these proceedings is .....•..••• , 
.................................. " ......................................... ) 
for the cancellation of the entry under the above-mentioned registration(s) of 
(c) ........••........................................•................•.....•. 
as the registered user thereof in respect of (d) .................................... . 
The grounds of this application, particulars of which are given in detail in the 
accompanying statement of case, are (e) .............•.................•....••.... 
Dated this ........ , .day of .............. 19 ... . 
(f) 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. IP/N/IITTO/TIl 
Page 124 
FORM TM-No. 42 (rule 90) 
TRADE MARKS ACT 
Notice to the Registrar under section 41(3) and rule 90 of intention to intervene in 
proceedings for the variation or cancellation of an entry of a registered User of a Trade 
Mark. 
(To be accompanied by a Statement of the Grounds for intervention.) 
IN THE MATTER OF a Trade Mark No .............................. registered in 
Class ... , ...... in the name of (a) ....•••••.•.••••.••..•.••••..••••••.•••........ 
and 
IN THE MATTER OF a registration of (b) ..................................... .. 
thereunder as a Registered User of the Mark. 
In reply to the Registrar's Notification, dated the .......... day ............. . 
of .............. 19 .... , notice is hereby given of my intention to intervene in the 
proceedings in the above matter. 
My address for service in Trinidad and Tobago for the purpose of these proceedings is 
Dated this .......... day of. ............. 19 ... . TRADE 
MARKS 
$15 
(a) Insert here 
the name of the 
Registered 
Proprietor. 
(b) Insert here 
the name and 
trade or 
business address 
of the 
Registered 
User. 
(c) .......................................•............... (c) Signature. 
To the Registrar, 
Registrar General's Office, 
Port-of-Spain. Legal Supplement Part A to the "Trinidad and Tobago Gazette", Vol. 33, 
>-, No. 185, 13th September; 1994 . 
=()J 
Tbird Se?~ion Fourth Parliament Republic of Trinidad 
and Tobago 
REPUBLIC OF TRINIDAD AND TOBAGO 
Act No. 17 of 1994 
[L.S.] 
AN ACT to amend the Trade Marks Act, Chap. 82:81 
[Assented to 8th September J 1994J IP!N1l ITTO/T 11 
Page 125 
ENACTED by the Parliament of Trinidad and Tobago as Enactment 
follows:-
1. This Act may be cited as the Trade Marks Short title 
(Amendment) Act, 1994. IP/NIlITTO/TI 1 
Page 126 
Chap. 82:81 
Application of Act to 
trade marka for 
services 
Section 2 amended -2. In this Act, "the Act" means the Trade Marks Act 
3. The provisions of the Act with respect to trade 
marks relating to goods apply mutatis mutandis to 
trade marks relating to services. 
4. Section 2 of the Act is amended­
(a) in subsection (1)-
(i) by deleting the definitions of 
"limitations" and "mark" and 
substituting the following definitions: 
" 'limitation' means a limitation of the 
exclusive right to the use of a 
trade mark given by the 
registration of a person as 
proprietor of the trade mark, 
including a limitation of that 
right as to mode of use or as to 
use rel~ting to- " 
(a) goods to be exported to 
any market outside of 
Trinidad and Tobago; or 
(b) services for use or 
available for acceptance 
in any country outside of 
Trinidad and Tobago; 
'mark' in relation to--
(a) goods includes a device, 
brand, heading, label,­
ticket, name, signature, 
word, letter, numeral or 
any combination thereof; 
(b) services includes a device, 
name, signature, word, 
letter, numeral or any 
combination thereof;"; (ii) by inserting in the appropriate 
sequence the following definition: 
"provision" in relation to services, 
means the provision of services, 
whether or not for valuable 
consideration; 
(b) by deleting subsection (2) and substituting 
the following subsection: 
" (2) A reference in this Act to the 
use of a trade mark shall be construed 
as a reference to the use of a printed 
or other visual representation of the 
trade mark and-
(a) in relation to goods, shall be 
construed as a reference to 
the use of the trade mark 
upon, or in physical or other 
relati.on to goods; and 
(b) in relation to services, shall 
be construed as a reference 
to-
(D the use of the trade mark; . 
or 
(ii) part of a statement about 
the use of the trade mark, 
at or near the place where the 
services are available for 
acceptance or are performed 
or otherwise in relation to 
services." . IP /NI 1iTTO/T 11 
Page 127 
5. Section 4 of the Act is amended by deleting the Section 4 amended 
words "goods as the goods of another person". 
6. Section 5(3) of the Act is amended- Section 6 amended 
(a) by deleting the word "or" at the end of 
paragraph (a); IP/N/lITTO/TIl 
Page 128 
(b) by deleting the full-stop at the end of 
paragraph (b) and substituting a semi­
colon; 
(c) by adding after paragraph (b) the following 
paragraphs: 
"(c) in relation to services to which the' 
proprietor or registered user of 
the trade mark conforming to the 
permitted use has applied the 
trade mark, where the purpose 
and effect of the use of the trade 
mark is to indicate that those 
services have been' performed by 
the proprietor or a registered user 
of the trade mark; 
(d) in relation to services the 
provision of which is connected in 
the course of trade with the 
proprietor or a registered user of 
the trade mark, where the 
proprietor or registered user has 
at any time expressly or impliedly 
consented to the use of the trade 
mark; or 
(e) in relation to services available 
for use with other services in 
relation to which the trade mark 
has been used without 
infringement of the right given by 
registration or might for the time 
being be so used, if-
(i) the use of the trade mark is 
reasonably necessary in order 
to indicate that the services 
are available for such use; 
and (iD neither the purpose nor the 
effect of the use of the trade 
mark is to indicate otherwise 
than in accordance with the fact 
a connection in the course of 
trade between any person and 
the provision of those services.". IP/N/1 ITTO/TI 1 
Page 129 
7. Section 17 of the Act is amended- Section 17 amended 
(a) in subsection (1), by deleting the words "or 
substance", and substituting the words 
", substance or activity"; 
(b) in subsection (2)-
(i) in paragraph (a), by deleting the words 
"n'ot being use" and substituting the 
words "not being used"; 
(H) by deleting the words "or substance" 
wherever they occur and substituting 
the words ", substance or activity"; 
(c) in subsection (3)(a), (b) and (c)(i), by 
deleting the words "or substance" wherever 
they occur and SUbstituting the 
words ", substance or activity". 
8. Section 20 of the Act is deleted and substituted by Section 20 amended 
the following section: 
U Advertise­
ment of 
acceptance 20. (1) Subject to subsection (2), where 
an application for registration of a trade 
mark is accepted, the Registrar shall-
(a) give notice in writing of the 
acceptance to the applicant; 
(b) require the applicant, within sixty 
days from the receipt of the 
notification of acceptance, to pay 
the prescribed' fee for the 
publication of the application; and 
(c) upon payment of the prescribed 
fee, cause to be published in 
the prescribed manner, an 
advertisement which shall state IPINIl/TTO/TIl 
Page l30 
the limitations and conditt(l1us 
upon which the application w'as 
accepted. 
(2) The Registrar may cause an, 
application to be advertised in the 
prescribed manner before its acceptance 
where-
(a) the application is made under 
section 10(1)(e); or 
(b) it appears to him to be expedient 
to do so by reason of exceptional 
circumstances. 
(3) Where an application is 
advertised under subsection (2), the 
Registrar may advertise that application 
again in the prescribed manner upon 
acceptance of the application.". 
Section 68 amended 9. Section 68(b) of the Act is amended by deleting the 
words "an article" and substituting the words (,'any 
goods". 
Passed in the Senate this 19th day of July, 1994. 
R. CUMBERBATCH 
Acting Clerk of the Senate 
Passed in the House of Representatives this 19th day 
of August, 1994. 
N. COX 
Acting Clerk of the House Legal Supplement Part A to the "Trinidad and Tobago Gazette", Vol. 35, 
No. 166, 20th August, 1996 
= 
First Session Fifth Parliament Republic of Trinidad 
and Tobago 
REPUBLIC OF TRINIDAD AND TOBAGO 
Act NOG 25 of 1996 
[L.S.] 
AN AcT to amend the Trade Marks Act, Chap. 82:81 
[Assented to 16th August~ 1996] IP/N/lITTO/TIl 
Page 131 
ENAGrED by the Parliament of Trinidad and Tobago asEn&d:ment 
follows:-' 
1. This Act may be cited as the Trade MarksShorttitJe 
(Amendment) Ad, 1996. 
2. In this Act, ''th~ Ar:£' means the Trade Marks Act. In~t.iOI1 
- Chap. 82: Si IPINIl/TTO/TIl 
Page 132 
SeatiQn 2. 
amended 
Section /) amended 
Section 13 nmended 
Section 13A ioaerted 3. Section.2 of the Act is amended .in subsection (2), 
by'i.lli;'erting after" the words ~'mark in relation to the 
goods", the words "o:r the packaging of goods or their 
shap'e p'rovided, however, that the trade mark does not 
exclusively consist of the shape which results from the 
nature of the goods themselves, or which is necessary 
to obtain a technical result or which gives substantial 
value to the goods". 
4. Section 5(1) of the Act is amended by inserting 
after the word "uses") the words "" for the same, 
similar or related goods or services for which the mark 
is registered,". 
5. Section 13 of the Act is amended by deleting from 
the words "part of a trade mark" to the end and 
~bstituting the following: 
"part of a trade mark-
(a) any matter the use of which would, by 
reason of its being likely to--
(i) deceive or cause confusion; 
(ii) disparage or falsely suggest a 
connection with persons, 
living or dead, institutions, 
beliefs or national symbols or 
bring them into contempt or 
disrepute, 
be disentitled to protection in a court 
of justice; 
(b) subject to section 17, words that 
generically designate goods or services 
or types of goods ,or ser-vices to which 
the trade mark applies; , 
(c) any matter the use of which would be 
contrary to law or morality; or 
(d) any scandalous design.". 
6. The Act is amended by inserting after section 13, 
the following new section: "Prtttedionof 13A. (1) A trade mark shall not be 
well-known 
trada marks registered- ',' 
(aJ if it is identical with, or 
confusingly similar to, or 
constitutes a translation of, a 
'-trade mark or a trade name which 
is well~kn6wn in Trinidad and 
Tobago as being already the mark 
of a person other than the 
a'pplicant for registration and 
used for identical or similar goods 
or services; or 
(b) if it is identical with, or 
confusingly similar to, or 
constitutes a translation of, a 
trade mark which is registered 
with 'respect to goods or services 
which are not similar to those 
with respect to which registration 
is applied for, provided that use of 
the trade mark in relation to 
those goods or services ~o'uld 
indicate a connection between 
those goods or services and ,the 
owner of the registered trade 
mark and that the interests of the 
owner of th~ registered trade 
, mark are, likely to be damaged by 
such use. ' 
, '(2) In determjn~ng whether a trade 
mark is well·known, account shall be 
taken of the knowledge of the trade mark, 
inciuding kp.owleq.ge iD:, Trinidad and 
To1?ago obtained as a 'result of the 
promotion of the trade mark, in the 
relevant sector of the public that normally 
deals With the relevant goods or services_". IP/N/1/TTO/T/l 
Page 133 IP/N/1/TTO/TIl 
Page 134 
7. Section 14 of the Act is amended­
(a) in subsection (1)-
CD by deleting the words !tin respect 
of the same goods or description of 
goods" and substituting the words 
''in respect of the same, similar or 
related goods or services or 
description of goods or services"; 
(n) by inserting after the word 
"confusion" the words" unless , , 
the proprietor of the earlier trade 
mark consents to the 
re,iistration"; and 
(b) in subsection (3), by deleting the words ('in 
respect of the same goods or description of 
gO'ods" and substituting the words "in 
respee:t of the same, similar or related 
goods or services or description of goods or 
services" . 
8. Section 24 of the Act is repealed 
9. Section 25 of the Act is repealed and the following 
sections are substituted: 
"Du1'lltion af 25. (1) A trade mark shall be regi~tered 
~tJOD for a period of ten years from the date of 
registration. 
(2) .Registration may be renewed in 
accordance with section 25A for further 
periods of ten years. 
25A. (1) The registration of a trade 
mark may"be renewed at the request of the 
proprietor, subject to payment of the 
prescribed renewal fee. 
{2) . The Registrar shall give due 
notice of such approachlng expiration to IPlNlI/TTO/T/l 
Page 135 
the .proprietor. Df such trade mark at least 
six months before the expiration 'of the 
period of registra tion. 
(3). Subj ect .. to.. this.-se.ction) .. a· 
request for renewal shall be made, and the 
renewal fee shall be paid, before the expiry 
of the registration. 
(4) VVhere no request is made 
before the expiry of the registration, a 
request may be made, and the fee together 
with the prescribed additional renewal fee 
may be paid, within six months of the 
expiration or such longer period as the 
Registrar may permit. 
(5) Renewal shall take effect from 
the expiry of the previous registration. 
(6) Where the registration is not 
renewed in accordance with this section, 
the Registrar shall remove the trade mark 
from the register. 
(7) Where a trade mark is removed 
from the register for non-payment of the 
renewal fee, the trade mark shall, for the 
purpose of an application for registration 
during one year next after the date of the 
removal, be deemed to be a trade mark 
which is already registered, unless it is 
sho'wn to the satisfaction of the Registrar 
that there has been no bona fide user of 
the trade mark during the two years 
immediately preceding the removal, or 
that no deception or confusion would be 
likely to arise from the use of the trade 
mark that is the subject of the application 
for registration by reason of any previous 
use of the trade mark that has been 
removed.". IP/N/1/TTO/T/1 
Page 136 
Se.:tion 35 amended ),0. Section 35 0'[ the Act is al11-enaed-
Se.:tion 36 repealed 
Se.:tions 66" to 66 
inserted -(aJ in subsection (l)(a), by deleting the words 
"for the time being" and substituting the 
words '''for--a continuous period"of- three 
years or longer"; 
(b) in subsection (3), by deleting from the 
words "due to" to the end and substituting 
the following: . 
"due to--
(aJ special circumstances in the 
trade; or 
(b) circumstances arising inde­
pendently of the will of the 
trade mark owner that 
constitute an obstacle to the 
use of the trade mark, such as 
import restrictions on, or other 
Government requirements for, 
goods or. services identified by 
the trade mark, 
and not to any intention not to use or 
to p.bandon the trade mark in relation 
to the goods to which the application 
relates.". 
11. Section 36 of the Act is repealed. 
12. The Act is amended by inserting after section 66,-
th~ following sections: 
"Unauthcruoo 66A. (1) A person commits an offence 
use or trade h . h· . f h· If 
mnr~, etc., in W 0, Wl t a VIew to gaIn or Imse or 
relation ~l h . 'h . t tIt goods anot er, or WIt In en to cause ass 0 
another, and without the conSGnt of the 
proprietor-
(aJ applies to goods or their packaging 
a sign identical to, or likely to be 
mistaken for, a registered trade 
mark; (b) sells· or lets for hire, offers or 
exposes for sale or hire or 
distributes goods which bear, or 
lhe·-packaging·of\vhlch bears, such· 
a Slgn; or 
(c) has in his possession, custody or 
control in the course of a business 
any such goods with a view to the 
doing of anything, by himself or 
another, which would be an 
offence under paragraph (b). 
(2) A person commits an offence 
who with a view to gain for himself or 
another, or with intent to cause loss to 
another, and without the consent. of the 
proprietor-
(a) applies a sign identical to, or likely 
to be mistaken for, a registered 
trade mark to material intended 
to be used-
(i) for labelling or packaging 
goods; 
(ii) as a business paper in 
relation to goods; or 
(iii) for advertising goods; or 
(b) uses in the course of a business 
material bearing such a sign for 
labelling or packaging goods, as 
a business paper in relation to 
goods, or for advertising goods; 
or 
(c) has in his possession, custody or 
control in the course of a business 
any such material with a view to 
the doing of anything, by himself 
or another, which would be an 
offence under paragraph (b). IPIN/1/TTO/T/1 
Page 137 IP/N/1/TTO/TIl 
Page 138 
(3) A person commit&an offence who, 
with a view to gain for himself or another, or 
with intent to cause loss' to another, and 
"without the consent' of the proprietor-
(a) makes an article specifically 
designed or adapted for making 
copies of a sign identical to, or 
likely to be mistaken for, a 
registered trade mark; or 
(b) has such an article in his 
possession, 'custody or control in 
the course of a business, 
knowing or having reason to believe that it 
has been, or is to be, used to produce 
goods, or material for labelling or 
packaging goods, a's a business paper in 
relation to goods, or for advertising goods. 
(4) A person does not commit an 
offence under this section unless-
(a) the goods are goods in respect of 
which the trade mark IS 
registered; or 
(b) the trade mark has a reputation in 
Trinidad and Tobago and the use 
of the sign takes or would take 
unfair advantage of, or is or would 
be detrimental to, the distinctive 
character or the repute of the 
trade mark. 
(5) It is a defence for a person 
charged with an offence under this section 
to show that he believed on reasonable 
grounds that the use of the sign in the 
manner in which it was used, or was to be 
used, was not an infringement of the 
registered trade mark. (6) A person who commits an 
offence under this section is liable--
Falsification 
of regist.er, 
etc. 
Falsely 
representing 
trode mark as 
regist.ered (a) on summary conviction, to a fine of 
U~ri tnol1sa-nd .dbllars· -a-nd to 
imprisonment for six months; 
(6) on conviction on indictment, to a 
fine of forty thousand dollars and 
to imprisonment for ten years. 
66B. (1) It is an offence for a person to 
make, or cause to be made, a false entry in 
the register, knowing or having reason to 
believe that it is false. 
(2) It is an offence for a person­
(a) to make or cause to be made 
anything falsely purporting to be a 
copy of an entry in the register; or 
(6) to produce or tender or cause to be 
produced or tendered in evidence 
any such thing, 
knowing or having reason to believe that it 
is false. 
(3) A person who commits an 
offence under this section is liable--
(a) on summary conviction, to a fine 
of twepty thousand dollars and to 
imprisonment for six months; 
(6) on conviction on indictment, to a 
fine of forty thousand dollars and 
to imprisonment for ten years. 
66c. (1) It is an offence for a person­
(a) falsely to represent that a mark is 
a registered trade mark; or 
(6) to make a false representation as 
to the goods or services for which a 
trade mark is registered, IPIN/1/TTO/TIl 
Page 139 IP/N/1/TTO/T/1 
Page 140 
knowing. or .having·-reason te believe that 
the representation is false. 
(2) For the purposes of this section, 
, the use in Trinidad and Tobago in reI a tion 
to a trade mark-
Forfeiture of 
counterfeit 
goods, et-c. (a) of the word "registered"; or 
(b) of any other word or symbol 
importing a reference, express or 
implied, to registration, 
shall be deemed to be a 'representation as 
to regi?tration under this Act unless it is 
shown that the reference is to registration 
elsewhere than in Trinidad and Tobago 
and that the trade mark is in fact so 
registered for the goods or services in 
question. 
6GD. (1) vVhere there has come into the 
possession of any person in connection 
with the investigation or prosecution of a 
relevant offence--
(a) goods which, or the packaging of 
which, bears a sign identical to or 
likely to be mistaken for a 
registered trade mark; 
(b) material bearing such a sign and 
intended to be used for labelling or 
packaging goods, as a business 
paper in relation to goods, or for 
advertising goods; or 
(e) articles specifically designed or 
adapted for making copies of such 
a Slgn, 
that person may apply under this section 
for an order for the forfeiture of the goods, 
material or articles. (2) An application unde-r ·this 
sedion may be made---: IP /Nil ITTO/T 11 
Page 141 
(a) where proceedings have been 
brought ID_any.court for.2..relevant . 
offence relating to some or all of 
the goods, material or articles, to 
that court; 
(b) where no application for the 
forfeiture of the goods, material or 
articles has been ma,de under 
paragraph (a), by way of complaint 
to a summary court. 
(3) On an application under this 
section, the court shall make an order for 
th'e forfeiture of any goods, material or 
articles only if it is satisfied that a 
relevant offence has been committed in 
relation to the goods, material or articles. 
(4) A court may infer for the 
purposes of this section that such an 
offence has been committed in relation to 
any goods, material or articles if it is 
satisfied that such an offence has been 
committed in relation to goods, material or 
articles which are representative. of them, 
whether by reason of being of the same 
design or part of the same consignment or 
batch or otherwise. 
(5) An order under this section may 
contain such provision as appears to the 
court to be appropriate for delaying the 
coming into force of the order pending the 
making and determination of an appeal. 
(6) Any person aggrieved by an 
order made un'der this section by a 
summary court, or by a decision of the IPlNllITTO/TIl 
Page 142 
court not -to make such ·an order, may 
appeal against that order or"decision to the 
Court of Appeal. 
(7) Subject to subsection (-8.),. where 
any goods, material or articles are forfeited 
under this s.ection they shall be destroyed 
in accordance with such directions as the 
court may give. 
(8) On making an order under this 
section the court may, if it considers it 
appropriate to do so, direct that the goods, 
material or articles to which the order 
relates shall, instead of being destroyed, 
be released, to such person as the court 
may specify, on c.ondition that that 
person-
(aJ causes the offending sign to be 
erased, removed or obliterated; 
and 
(b) complies with any order to pay 
costs which has been made 
against him. in the proceedings for 
the order for forfeiture. 
(9) For the purposes of this' section, 
"relevant offence'~ means an offence under 
section 66A, an offence involving 
dishonesty or deception or such other 
offence as may be prescribed. 
Offences by 66E. (1) Where an offence under this corporations. . Act whIch has been comillltted by a body 
corporate is proved to have been 
committed with the consent or connivance 
of, or to be attributable to any neglect on 
the part of, a director, manager, secretary 
or other similar officer of the body 
corporate, or any person who was 12.urpo.0:~ng to. act.~I?-any such. c~paci~y, he, 
as well as the body corporate, shall be 
guilty of that offence and shall be liable to 
be proceeded against and punished 
accordingly. IPINI1 ITTO/T/1 
Page 143 
(2) Where t~e affairs of a body 
corporate are managed by its members, 
subsection (1) shall apply in relation to the 
acts and defaults of a member in 
connection with his functions of 
management as if he ~vere a director of the 
body corporate.". 
13. The Schedule to the Act is amended 
paragraph 7 by deleting the words "36,". in Schedule 
amended 
Passed in the House of Representatives this 19th day 
of July, 1996. 
N. COX 
Acting Clerk of the House 
Passed in the Senate this 5th day of August, 1996. 
D. DOLLY 
Acting Clerk of the Senate IPINI1 ITTO/TIl 
Page 144 
Legal Supplement Part A to the "Trinidad and Tobago Gazette", Vol. 36, 
No. 175, 10th September, 1997 . 
Second Session Fifth Parliament Republic of Trinidad 
and Tobago 
REPUBLIC OF TRNIDAD AND TOBAGO 
Act No. 31 of 1997 
[L.S.] 
An Act to' amend the Trade Marks Act, Chap. 82:81 
[Assented to 5th September; 1997] 
ENACl'ED by the Parliament of Trir;tidad and Tobago as Enactment 
follows:-
1. This Act may be cited as the Trade MarksShor'ttitle 
(Amendment) Act, 1997. 
2. In this Act "the Act" means the Trade Marks Act. Interpretation 
I Chap. 82:81 Section 2 
nmended IP/N/1/TTO/T/l 
Page 145 
3. Section 2 of the Act is amended­
(a) in subsection (1)-
(i) in the definition of mark in 
paragraph (a) by inserting after 
the word "thereof" the \vords "or 
packaging of goods or their shape 
provided, however, that the trade 
mark does not exclusively consist 
of the shape which results from 
the nature of the goods themselves, 
or \vhich is necessary to obtain a 
technical result or which gives 
substantial value to the goods"; 
(ii) by inserting in the appropriate 
alphabetical sequence the 
following definitions.: 
" "Controller" has the same 
meaning assigned to it 
under section 2 of the 
Act No. 21 Patents Act, 1996; 
of1996 
"designated owner" means the 
person identified as the 
importer of the goods on 
the entry made in 
relation to the goods 
Chap. 78:01 under the Customs Act; 
"Intellectual Property Office" 
has the meaning 
assigned to it under 
section 2 of the Patents 
Act, 1996; 
"notified trade mark" means a 
trade mark in respect of 
which a notice under 
section 71A is in force; 
"objector" means any person 
who has given under 
section 71A a notice in 
respect of those goods 
that are in force;"; IP/N/1/TTO/T/l 
Page 146 
(iii) by deleting the definition of 
"Registrar" ; 
(b) by repealing subsection (2) and substituting 
the following subsection: 
" (2) A reference in this Act to the 
use of a trade mark shall be construed 
as a reference to the use of a printed 
or other visual representation of the 
trade mark and-
(a) in relation to goods, shall be 
construed as a reference to the 
use of the trade mark upon, or 
in physical or other relation to 
goods; and 
(b) in relation to services, shall, be 
construed as a reference to--
(i) the use of the trade 
mark; or 
(ii) part of a statement 
about the use of the 
trade mark, 
at or near the place where the 
services are available for 
acceptance or are performed or 
otherwise In relation to 
services." . 
4. The Act is amended by inserting after section 3 Section 3A 
• • inserted the followmg sectIon: 
"Application SA. The provisions of this Act with 
of Act to • 
trade marks respect to .trade marks relatmg to goods 
forserviceg apply mutatis mutandis to trade marks 
relating to services.". 
5. Section 51(1) of the Act is amended- Section 51 
amended 
(a) in paragraph (r) by deleting the full stop 
and substituting a semicolon; Sections 65 
and 66 
repealed 
Section 66" 
amended 
Section 668 
amendeq 
Section 69" 
repealed 
Sections 71A-
7lL inserted IP/N/1/TTO/TIl 
Page 147 
(b) by inserting after paragraph (f) the 
following paragraph: 
"(g) for the regulation of customs and 
border measures.". 
6. Sections 65 and 66 of the Act are repealeCl, 
7. Section 66A of the Act is amended by substituting 
for the word "sign" wherever it occurs the word "mark". 
8. Section 66B of the Act is amended by substituting 
for the word "sign" wherever it occurs the word "mark". 
9. Section 69A of the Act is repealed. 
10. The Act is amended by inserting after section 71 
the following sections: 
"Notice or 71A. (1) The reg'istered owner of a 
objection to 
importation registered trade mark may give to the 
Comptroller of Customs and Excise a 
notice in the prescribed form objecting to 
the importation after the date of the notice 
of goods that infringe the trade mark, and 
the notice shall be given together with any 
prescribed document. 
(2) Where-
(a) the registered owner o,f the 
registered trade mark has not 
given a notice under subsection (1); 
or 
(6) any notice given under subsection (1) 
is no longer in force, 
a registered user of the trade mark having 
power to give a notice under subsection (1) 
may ask the registered o\vner to give such 
a notice in respect of the trade mark. IP/N/1/TTO/T/1 
Page 148 
Comptroller 
or Customs 
and Excise (3) \Vhere the registered owner 
does not comply with the request within 
the prescribed period the registered user 
may give the notice to the Comptroller of 
Customs and Excise and the registered 
user shall give also to the 'Comptroller, 
together with the notice--
(a) any document prescribed for the 
purposes of subsection (1); and 
(b) any other prescribed document. 
(4) A notice given by the registered 
owner of a registered trade mark remains 
in force for two yeal;"s from the day on 
which the notice is given unless it is 
revoked, before the end of that period, by 
notice in writing given to the Comptroller 
of Customs and Excise by the person who 
is then the registered owner of the 
registered trade mark. 
(5) A notice given by a registered 
user of the registered trade mark remains 
in force for two years unless it is revoked, 
before the end of that period, by notice in 
wri ting given to the Comptroller of 
Customs and Excise--
(a) if the registered user has power to 
revoke the notice, by the registered 
user; or 
(b) in any other case by the person 
who is then the registered owner of 
the registered trade mark. 
71B. (1) This section applies to goods 
manufactured outside Trinidad and 
Tobago that-
(aJ are imported into Trinidad and 
Tobago; and Chap. 78;01 IPINIl/TTO/TIl 
Page 149 
(b) are subject to the control of the 
Comptroller of Customs and 
Excise pursuant to the Customs 
Act. 
(2) Where goods to which this 
section applies-
(a) have applied to'· them or in 
relation to 'them a mark that, in 
the opinion of the Comptroller of 
Customs and Excise, is sub­
s tan t i a 11 yid e n tic a 1 \v it h ,or 
deceptively similar to, a notified 
trade mark; and 
(b) are goods in respect of which the 
notified trade' mar It is registered or 
for similar or related goods for 
\vhich the mark is registered, 
the Comptroller of Customs and Excise 
shall seize the goods unless satisfied that 
there are no reasonable grounds for 
believing that the notified trade mark is 
infringed by the importation of the goods. 
(3) The Comptroller of Customs 
and Excise 'may from time to time require 
the objector who has given notice under 
section 71A) to give the Comptroller 
security or further security \vithin such, 
time and in such manner, whether by way: 
of bond, deposit of a sum of money or 
otherwise, as the Comptroller may specify, 
against all actions, proceedings, claims and 
demands which may be taken or made 
against, or cost and expenses which may 
be incurred by, the Comptroller in 
consequence of the seizure of goods to 
which the notice relates. IPIN/l/TTO/TIl 
Page 150 
Notice or 
seizure (4) The Comptroller of Customs 
and" Excise may de"cide not to seize the 
goods if he has not been given by the 
objector, such security in accordance with 
subsection (3). 
(5) ·Goods seized under this section 
shall be kept in a secure place as directed 
by the Comptroller of Customs and Excise. 
710. (1) The Comptroller of Customs 
and Excise shall, as soon as practicable-
(a) give (either personally or by post) 
to the designated owner of any 
seized goods a notice in writing 
identifying the goods and stating 
that they have been seized under 
section 71B; and 
(b) give (either personally or by post) 
to the objector, or to each objector, 
a notice in the prescribed form-
(i) identifying the goods and 
stating that they have 
been seized under 
section 71B; 
(ii) giving the full name and 
address of the designated 
owner of the goods and 
any information that the 
Comptroller of Customs 
and Excise has and that 
he believes) on reasonable 
grounds, to be likely to 
help" the 0 bj ector to 
identify the importer of 
the goods; and 
(iii) stating that the goods will 
be released to the 
designated owner unless 
the objector or one of the 
objectors brings an action 
for infringement of the Forfeiture 
of goods notified trade mark in 
respect of the goods, and 
gives to the Comptroller 
of Customs and Excise 
notice in writing of the 
action, within the period 
of ten working days after 
he has been given the 
noti,ce or, if the 
Comptroller of Customs 
and Excise extends that 
period under section 71F, 
within the extended 
period. 
(2) Where the Comptroller of 
Customs and Excise gives notice under 
subsection (1), the Comptroller shall allow 
the designated owner and the objector 
sufficient opportunity to inspect the seized 
goods for the purposes of sUbstantiating 
any claim. 
71D. (1) The designated owner of any 
seized goods may, at any time before an 
objector starts an action for infringement 
of a notified trade mark in respect of the 
goods, consent to the goods being forfeited 
to the State by giving notice in the 
prescribed form to that effect to the 
Comptroller of Customs and Excise. 
(2) Where the designated owner 
gives such a notice, the goods are forfeited 
to the State. 
Release of 71E. (1) The Comptroller shall release 
:~:r~no the seized goods to their designated owner 
~c;i~n for if 'within the action period, the objector has Inlrlngement . not, or none of the objectors has-
(a) brought an action for 
infringement of the notified trade 
,mark in respect of the goods; and IP/NIlITTO/TIl 
Page 151 IP/N/1/TTO/T/1 
Page 152 
(b) given to the Comptroller of 
Customs and Excise notice in 
writing of the action in the 
:prescribed form. 
(2) The Comptroller of Customs 
and Excise shall also release the seized 
goods to their designated owner if-
(a) before the end of the action 
period, the objector or' each of the 
objectors has, by notice in the 
prescribed form to the 
Comptroller of Customs and 
Excise, consented to the release 
of the goods; and 
(6) at that time-
(i) the obj ector has pot, or 
none of the objectors has, 
brought an action for 
infringemen t of the 
notified trade mark in 
respect of the goods; or 
(ii) any action brought by an 
objector has been 
withdrawTI. 
(3) The Comptroller of Customs and 
Excise may release the seized goods to 
their designated owner at any time before 
the end of the action period if-
(a) the Comptroller of Customs and 
Excise, having regard to 
information that has come to his 
knowledge after the goods were 
seized, is satisfied that there are 
no reasonable grounds for 
believing that the notified trade 
mark has been infringed by the 
importation of the goods; and 
(b) the objector has not, or none of the 
objectors has, brought an action for infringement of the notified 
trade mark in respect of the goods. 
(4) In this section, "action period", 
in relation to seized goods, means-
(a) if there is only one objector to the 
importation of the goods, the 
period within which the objector 
may bring an ac'tion for infringe­
ment of the registered trade mark 
in respect of goods under 
section 71F; or 
(b) if there is more than one objector 
to the importation of the goods, the 
period beginning on the earliest 
day on which an objector may 
bring an action for infringement 
of the registered trade mark 
in respect of the goods under 
section 71F and ending at the end 
cf the .last day on which an objector 
may bring such an action under 
section 71F. 
~cti.onfor 71F. (1) An objector may bring an action 
Infnngement for infringement of a notified trade mark 
in respect of seized goods and give notice of 
it in the prescribed form to the 
Comptroller of Customs and Excise--
(a) where paragraph (b) does not 
apply, within the notified period of 
ten working days specified in the 
notice given to the objector in 
respect of the goods under 
section 71c; or 
(b) where--
(i) the objector has, before 
the end of the notified IPfN/I/TTO/TIl 
Page 153 IPINIl/TTO/TIl 
Page 154 
period, applied in writing 
to the Comptroller of 
Customs and Excise for an 
extension of the notified 
period; and 
(ii)the Comptroller of 
Customs and Excise, 
being satisfied that in the 
circumstances of the case 
it is fair and reasonable to 
do so, has extended the 
notified period for a 
number of working days 
not exceeding ten, 
within that period as so extended by the 
Comptr~ller of Customs and Excise. 
(2) The court hearing the action­
(a) may, on the application of a person, 
allow the person to be joined as "a 
defendant to the action; and 
(6) shall allow the Comptroller of 
Customs and Excise to appear and 
be heard. 
" (3) In addition to any relief that the 
court may grant apart from this section, 
the court may-
(a) at any time, if it thinks it just, 
order that the seized goods be 
released to their designated owner 
subject to any conditions that the 
court considers fit to impose; or 
(6) order that the seized goods be 
forfeited to the State. 
(4) Where-
(aJ the court decides that the trade 
mark was not infringed by the 
importation of the goods; and (b)the designated owner of the 
goods, or any other defendant, 
satisfies the court that he has 
suffered loss or damage because 
the goods were seized, 
the court may order the objector to pay to 
the designated owner or other defendant 
compensation, in the amount determined 
by the court, for any part of that loss or 
damage that is attributable to any period 
beginning on or after the day on which the 
action was brought. 
(5) Where, after three weeks from 
the day on which the action was brought, 
there is not in force' at any time an order of 
the court preventing the goods from being 
released, the Comptroller of Customs and 
Excise shall release the goods to their 
designated owner. 
(6) Where the court orders that the 
goods be released, the Comptroller shall, 
subject to section 711, comply with the 
order. 
Aclionfor 71G. Notwithstanding section 37(3) infringement. .' 
by regist.ered where a regIstered user of a notIfied trade 
user mark is an objector in relation to any 
Forfeited 
goods-how 
to be dis­
posed of seized goods, the registered user may start 
an action for the infringement of the trade 
mark in respect of the goods within the 
required period wi thou t first ascertaining 
whether the registered owner is willing to 
bring the action. 
71H. Where--
(a) goods are -forfeited to the State 
under section 71D; or 
(b) the court orders under section 71F 
that goods be forfeited to the 
State, IP/N/1/TTO/TIl 
Page 155 IP/N/lITTO/TIl 
Page 156 
Power of 
Comptroller 
to retain 
control of 
goods 
Insufficient 
security the goods are to be destroyed or otherwise 
disposed of as the Comptroller of Customs 
and Excise directs, except that in the case 
of counterfeit goods, the Comptroller shall 
not permit the re-exportation of those 
goods in an unaltered state other than in 
exceptional circumstances. 
71I.The Comptroller of Customs and 
Excise-
(a) shall not release, or dispose of, 
any seized goods; or 
(b) shall not take any action in 
relation to the goods to give effect 
to any order of a court under 
section 71F, , 
• if the Comptroller is required or allowed to 
retain control of the goods under any other 
law of Trinidad and Tobago. 
71J. If security given under section 71B(3) 
by the objector who gave notice under 
section 71A in respect of a trade mark is 
'not sufficient to meet the expenses incurred 
by the State as a result of the action taken 
by the Comptroller of Customs and Excise 
under this Act because of the notice, 
the amount of the difference between 
those expenses and the amount of 
security-
(a) is a debt due by the objector, or by 
the objectors jointly or each of 
them separately, to the State; and 
(b) may be recovered by an' action 
taken in a court of competent 
jurisdiction. 
Stat.<! not 71K. The State is not liable for any loss 
liable for los9, d "uff d b etc., suffered or amage s ere y a person-
~:iC;u%eof (a) because the Comptroller of 
Customs and Excise seized, or 
failed to seize, goods under this 
Act; or . (b) because of the release of any seized 
goods. IPIN/l/TTO/TIl 
Page 157 
Power to 71L. (1) Where--
require 
inrormation (a) goods that may be seized under 
~his Act are ip:lported in to 
Trinidad and Tobago; and 
(b) the Comptroller of Customs and 
Excise relying on information 
received, is satisfied on 
reasonable grounds that the use of 
a trade mark applied to or in 
relation to those go?ds is 
fraudulent, 
the Comptroller of Qust"oms and Excise 
may ask the .i"mporter of the goods-
(c) to produce any document in his or 
her possession relating to the 
goods; and 
(d) to give iTIIormation about-
(i) the name and address of the 
person by. whom the goods 
were consigned to Trinidad 
and Tobago; and 
(ii) the name and address of the 
person in Trinidad and Tobago 
to whom the goods were 
consigned. 
(2) Where the importer inten­
tionally or recklessly fails to comply with 
the request within the prescribed period, 
the importer is gu,ilty of an offence 
punishable, on ~onviction, by imprison­
ment for. a period not exceeding six 
months.". IP/N/lITTO/TIl 
Page 158 
LEGAL NOTICE No. 198 
REPUBLIC OF TRINIDAD AND TOBAGO 
THE TRADE MARKs ACT, CHAP. 82:81 
RULES 
MADE BY THE MINISTER UNDER SECTION 51 OF THE 
TRADE MARKs Acr 
THE TRADE MARKS (AMENDMENT) RULES, 1994 
1. These Rules may be cited as the Trade Marks (Amendment) Citation 
Rules, 1994. 
2. In these Rules, the Trade Marks Rules are referred to aSlnterpre-
"the Rules". tation Chap. 82:81 
3. The Rules with respect to trade marks relating to goods apply Application or 
mutatis mutandis with rp.spect to trade marks relating to services. Rulee to trade markafor 
aarvicea 
4. Rules 36, 40, 41(2), 52, 54(1), 66(2), 77, 78, 80(1), 81, 86(3) and 107 Rules 36, 40, 
of the Rules are amended by deleting the words "the Gazette" wherever "~' ~2,~,~, 
occurring and substituting the words "a daily newspaper or other~6'a:d1o'7 ' 
periodical circulating in Trinidad and Tobago". amended· 
5. The Third Schedule to the Rules is repealed and replaced by the Third 
following Schedule: ~~: 
'TIllRD SCHEDULE 
LIST OF CLASSES OF GOODS AND SERVICES 
Goons (Rules 5, 17) 
Class 1. Chemicals used in induBtry, science and photography, as well as in 
agriculture, horticulture and forestry; unprocessed artificial resins, unproceased plastics, 
manures; fire extinguishing compositionsj tempering and soldering preparations; 
chemical substances for preserving foodstuffs; tanning substances; adhesives used in 
industry. 
Class 2. Paints, varnishes, lacquers; preservatives against rust and against 
deterioration of wood; colourants, mordants; raw natural resins, metals in foU and powder 
form for painters, decorators, printers and artists. 
Class 3. Bleaching preparations and other substances for laundry use; cleaning, 
polishing, scouring and abrasive preparations; soaps; perfumery, eS5ential oUs, cosmetics, 
hair lotions; dentifrices. JP /Nil ITTO/T 11 
Page 159 
Class 4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding 
compositions; fuels (including motor spirit) and illuminants; candles, wicks. 
Class 5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances 
adapted for medical use, food for babies; plasters, materials for dressing; material for 
stopping teeth, dental wax; disinfectanUl; preparations for destroying vermin; fungicides, 
herbicides. 
Class 6. Common metals and their alloys; metal building materials; transportable 
buildings of metal; materials of metal for railway tracks; non-electric cable5 and wires of 
common metal; ironmongery, small items of metal hardware; pipes and tu::",s of metal; 
safes; goods of common metal not included in other classes; ores. 
Class 7. Machines and machine tools; motors and engines (except for land vehicles); 
machine coupling and transmission components (except for land vehicles); agricultural 
implemenUl; incubators for eggs. 
Class B. Hand tools.and implements (hand operated); cutlery; side arms; razors. 
Class 9. Scientific, nautical, surveying, electric, photographic, ciner..atographic, 
optical, weighing, 'measuring, signalling, checking (supervision), life-saving and teaching 
apparatus' and instruments; apparatus for recording, transmission or rep~oduction of 
sound or images; ma£, 'etic data carriers, recording discs; automatic venc::1g machines 
and mechanisms for cc; '-operated apparatWl; cash registers, calculating m3.chines, data 
processing equipment anJ computers; fU'e-extinguishing apparatus. 
Class 10. Surgical, medical, dental and veterinary apparatus and instruments, 
artificial limbs, eyes and teeth; orthopedic articles; suture materials. 
Class 11. Apparatus for lighting, heating, steam generating, cooki:1g, refrigerating, 
drying, ventilating, water supply and sanitary purposes. 
Class 12. Vehicles; apparatus for loco:notion by land, air or water. 
Class 13. Firearms; ammunition and projectiles; explosives; flIeworks. 
Class 14. Precious metals and their alloys and goods in precious metals or coated 
therewith, not included in other classes; jewellery, precious stones; horological and 
chronometric instruments. 
Class 15. Musical instruments. 
Class 16. Paper, cardboard and goods made from these materials, ne: included in 
other classes; printed matter; bookbinding material; photographs, stationery, adhesive~ 
for stationery or household purposes; art is Ul' materials; paint brushes; ty;:",writers and 
office requisites (exc!' .)t furniture); instructional and teaching material (except 
apparatus); plastic maurials for packaging (not including in other classes); playing cards; 
printers' type; printing blocks. 
Class 17. Rubber, gutta-percha, gum, asbestos, mica and goods mac.e from these 
materials and not included in other classes; plastics in extruded form for use in 
manufacture; packing, stopping and insulating materials; flexible pipes, not of metal. 
Class lB. Leather and imitations of leather, and goods made of these materials and 
not included in other classes; animal skins, hides; trunks and travelling babS; umbrellas, 
parasols and walking sticks; whips; harness and saddlery. IP/NI1 ITTO/TI1 
Page 160 
Class 19. Building materials (non-metallic); non-metallic rigid pipes for building; 
asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of 
metal. 
Class 20. Furniture, mirrors, picture frames; goods (not included in other classes) of 
wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of­
pearl, meerschaum and substitutes for all these materials, or ofpl!Ultica. 
Class 21. Household or kitchen utensils and containers (not of precious metal or 
coated therewith); combs and sponges; brushes (except paint brushes); brush-making 
materials; articles for cleaning purposes; steel wool; unworked or semi-worked glass 
(except glass used in building); glassware, porcelain and earthenware not included in 
other classes. 
Class 22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not 
included in other classes); padding and stuffing materials (except of rubber or pl!Ultics); 
raw fibrous textile materials. 
Class 23. Yarns and threads, for textile use. 
Class 24. Textiles and textile goods, not included in other classes; bed and table 
covers. 
Class 25. Clothing, footwear, headgear. 
Class 26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and 
needles; artificial flowers. 
Class 27. Carpets, rugs, mat and matting, linoleum and other materials for coverbir 
existing floors; wall hangings (non-textile). 
Class 28. Games and playthings; gymnastic and sporting articles not including in 
other classes; decorations for Christmas trees. 
Cla.ss 29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked 
fruits and vegetables; jellies, jams, fruit sauces; eggs, milk, and milk products; edible oils 
and fats. 
CIMS 30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and 
preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; 
yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. 
Cla.ss 31. Agricultural, horticultural and forestry products and grains not included in 
other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; 
foodstuffs for animals, malt. 
Cla.ss 32. Beers; mineral and aerated waters and other non-alcoholic drinks; fruit 
drinks and fruit juices; syrups and other preparations for maldng beverages. 
Class 33. Alcoholic beverages (except beers). 
Cla.ss 34. Tobacco; smokers' articles; matches. SERVICES 
Clrus 35. Advertising; business management; business administration; office 
functions. 
Class 36. Insurance; financial affairs; monetary alTairs; real estate affairs. 
Class 37. Building construction; repair; installation aenices. 
Class 38. Telecommunications. 
Class 39. Transport; packaging and storage of goods; travel arrangement. 
ClCUJs 40. Treatment of materials. 
Clru841. Education; providing of training; entertainment; sporting and cultural 
activities. 
Cl MS 42. Providing of fciod and drinks; temporary accommodation; medical, hygienic 
and beauty care; veterinary and agricultural services; legal servlces; scientific and 
industrial research; computer programming; services that cannot be placed in other 
classes. 
Made this 21st day of September, 1994. IP/N/1/TTO/TIl 
Page 161 
C. R. ROBINS ON-REGIS 
Attorney General and Minister of 
Legal Affairs 
Laid before the House of Representatives this 17th day of October, 
1994. 
N.COX 
Acting Clerk of the House 
Laid before the Senate this 17th day of October, 1994. 
R. CUMBERBATCH 
Acting Clerk of the Senate IP/N/1/TTO/TIl 
Page 162 
LEGAL NO.T!CE No~ 197 
:REPUBLIC OF TRINIDAD AND TOBAGO 
THE TRADE :rvlARKS ACT, CHAP. 82:81 
RULES 
MADE BY THE MunSTER UNDER SECTION 51 OF THE 
TRADE MARKS ACT 
THE TRADE MARKS (AMENDMENT) RULES, 1997 
1. These Rules may be cited as the Trade Marks (Amendment) Citation 
Rules, 1997. 
2. In these Rules, "the Rules" means the Trade Marks Hules. Interpretalion 
Chap. 82:81 
3. The Rules are amended by inserting after rule 6, the following Rule 6'\ rule:' inserted 
"Communica· 
tion by tele· 
facsimile 6A. (1) Documents required or authorised by the 
Act or these Rules to be sent to the Registrar may be 
transmitted by telefacsimile, provided that the original 
of the document so transmitted shall 'be filed with the 
Reglstrar within one month of such transmission. 
(2) Where any form under these Rules are 
transmitted by telefacsimile,' the paper copy resulting 
from such transmittal shall correspond to the form. 
(3) The date of transmission of an application 
for registration transmitted by telefacsimile shall be the 
date of application provided that the original of such 
application is received by the Registrar within one 
month. 
(4) The Registrar shall consider documents 
transmitted by telefacsimile signed if, on the print out 
produced by the telefacsimile, the reproduction of the 
signature appears.". 
4. Rule 9 of the Rules is amended by revoking subrules (2) and (3). Rule 9 
amended 
5. The Rules are amended by inserting after rule 10 the· following !,ula 10dA 
)nserle 
rule: 
"Acts of agent 
or represen· 
tative lOA. (1) This rule shall apply where an application 
for registration of a trade mark is made by a person who 
is an agent or representative of a person who is the 
proprietor of the mark in a Convention country. IP/N/I/TTO/TIl 
Page 163 
(2) Where the proprietor opposes the 
application, registration shall be refused. 
(3) Where the application is granted without 
being opposed by the proprietor, the proprietor may-
(a) apply for a declaration of the invalidity of 
the registration; or 
(b) apply for the rectification of the register so 
as to substitute his name as the proprietor 
of the registered trade mark. 
(4) The proprietor may,. notwithstanding the 
rights conferred by this Act in relatiop. to a registered 
trade mark, by injunction restrain any use of the trade 
mark which is not authorized by him. 
(5) Subrules (2), (3) and (4) do not apply if, or 
to the extent that, the agent or representative justifies 
his action. 
(6) An application under subrule (3)(a) or (b) 
shall be made within three years of the proprietor 
becoming aware of the registration, and no injunction 
shall be granted under subrule (4) in respect of a use in 
which the proprietor has acquiesced for a continuous 
. period of three years or more.". 
Rule 12 6. Rule 12 of the Rules is revoked and the following rules are revoked and 
substituted substituted: 
"National 12. (1) A trade mark which consists of or contains 
emblems, etc. th fl f C t' t h 11 b . t d Q.fConvention e ag 0 a onven IOn co un ry 5 a not e regJ.s ere 
countries without the authorization of the competent authorities 
of that country, unless it appears to the Registrar that 
use of the f1ag in the manner proposed is permitted 
without such authorization. 
(2) A trade mark which consists of or contains 
the armorial bearings or any other state emblem of a 
Convention country which is protected under the Paris 
Convention shall not be registered without the 
authorization of the competent authorities of that 
country. 
(3) A trade mark whicl). consists' of or contains 
an official sign or hallmark adopted by a Convention 
country and indicating control and warranty shall not, 
where the sign or hallmark is protected under the Paris 
Convention, be registered in relation to goods or services 
of the same, or a similar kind, as those in relation to IP/NIlITTO/TIl 
Page 164 
"Notification 
under Article 
6ter of the 
Convention (4) Where by virtue of this rule the 
authorization of an international organization is or 
would be required for the registration of a trade mark, 
that organization is entitled to restrain by injunction 
any use of the mark in Trinidad and Tobago without its 
authorization. 
(5) Nothing in this section affects the rights of 
a person whose bona fide use of the trade mark in 
question began before 1st August, 1964 (when the 
relevant provisions of the Paris Convention entered into 
force in relation to Trinidad and Tobago). 
12B. (1) For the purposes of rule 12 state emblems 
of a Convention country (other than the national flag), 
and official signs or hallmarks, shall be regarded as 
protected under the Paris Convention only if, or to the 
extent that-
(a) the country in question has notified 
Trinidad and Tobago in accordance with 
Article 6ter(3) of the Convention that it 
desires to protect that emblem, sign or 
hallmark; . 
(b) the notification remains in force; and 
(c) Trinidad and Tobago has not objected to it 
in accordance with Article 6ter(4) or any 
such objection has been withdrawn. 
(2) For the purposes of rule 12A the emblems, 
abbreviations and names of an international 
organization shall be regarded as protected under the 
Paris Convention only if or to the extent that-
(a) the organization in question has notified 
Trinidad and Tobago in accordance with 
Article 6ter(3) of the Convention that it 
desires to protect that emblem, 
abbreviation or name; 
(b) the notification remains in force; and 
(c) Trinidad and Tobago has not objected to it 
in accordance with Article 6ter(4) or any 
such objection has been withdrawn. 
(3) Notification under Article 6ter(3) of the 
Paris Convention shall have effect only in relation to 
applications for registration made more than two 
months after receipt of the not.ification. (4) The Registrar shall keep and make 
available for public inspection by any person, at all 
reasonable hours and free of charge, a list of-
(a) the state emblems and official signs or 
hallmarks; and 
(b) the emblems, abbreviations and names of 
international organizations, 
which are for the time being protected under the 
Paris Convention by virtue of notification under 
Article 6ter(3).". IP/NIlITTO/TI 1 
Page 165 
7. Rule 17 of the Rules is amended- Rule 17 
(a) in subsection (1)­amended 
(i) by deleting the words "or Defensive"; and 
(ii) by deleting the words "and for a defensive trade 
mark the application shall be made on Form 
TM-No. 26. Each application shall be for. 
registration in respect of goods in one class of 
the Third Schedule only"; 
(b) in subsection (3), by deleting the words "all the goods 
included in a class, or of'. 
8. Rule 21 of the Rules is revoked and the following rules are Rule 21 
revoked and substituted: 
"Single 
applications 
for goods and 
services in 
several 
classes 
Division oC 
applica. 
tion or 
registra­
tion 2l. (1) One and the same application may relate to 
several goods, services, or goods and services 
irrespective of whether they beloqg to one class or to 
several classes of the Nice Classification. 
(2) Goods or services may not be considered as 
being similar to each other on the ground that in any 
registration or publication by the. office, they appear in 
the same class of the Nice Classification. 
(3) Goods or services may not be considered as 
being dissimilar to each other on the ground that in any 
registration or publication by the office, they appear in 
different classes of the Nice Classification. 
21A. (1) Any application listing several goods, 
services or goods and services may-
(a) at least until the decision by the Registrar 
on the registration of the mark; 
(b) during any opposition proceedings against 
the decision of the Registrar to register the 
mark; and substilu led IP/N/1/TTO/T/l 
Page 166 
Rule 32 
revoked 
Rule 53 
revoked and 
substituted (c) during any appeal proceedings against the 
decision on the registration of the mark, 
be divided by the applicant or at his request into two or 
more applications (hereinafter referred to as "divisional 
applications") by distributing among the latter goods, 
services or goods and services listed in the initial 
application. 
(2) The divisional applications shall preserve 
the filing date of the initial application and the benefi t of 
the right of priority, if any. 
(3) Subrules (1) and (2) sh'all apply, mutatis 
mutandis, with respect to a division of a registration. 
(4) A division of a registration shall be 
permitted-
(a) during any proceedings in which the 
validity of the registration is challenged 
before the Registrar by a third party; or 
(b) during any appeal proceedings against a 
decision taken by the Registrar during the 
former proceedings.". 
9. The Rules are amended by deleting the heading "DEFENSIVE 
TRADE MARKS" and by revoking rule 32. 
10. Rule 53 of the Rules is revoked and the following rule is 
substituted: 
"Filing 
require. 
ments 53. (1) Where an application does not, at the time 
of its receipt by the Registrar, comply with any of the 
following requirements: 
(a) an express 0,1' implicit indication that the 
registration of a mark is sought; 
(b) indications allowing the identity of the 
applicant to be established; -
(c) indications sufficient to contact the 
applicant or his representative, if any, by 
mail; 
(cl) a sufficiently clear reproduction of the trade 
mark whose registration is sought; 
(e) the list of the goods or services for which the 
registration is sought, 
the Registrar shall invite the applicant to comply with 
such requirements within one month from the date of 
the invitation where the applicant's address is in 
Trinidad and Tobago and two months where the applicant's address is outside Trinidad and Tobago, but 
if the Registrar fails to send the invitation the above 
requirements shall remain unaffected. 
(2) Where, within the time limit indicated in 
the invitation, the applicant complies with the invitation 
and pays the prescribed fees, the filing date shall be the 
date on which all the requirements referred to in 
subsection (1) have been received by the Registrar and 
the prescribed fee has been paid to the office and, if the 
applicant does not comply with the invitation or pay the 
prescribed fees within the time, then such application 
shall be treated as if it has not been filed. 
(3) The Registrar may accord as the filing 
date of the application the date on which the Registrar 
received only some, rather than all, of the indications 
and elements referred to in subsection (1) or received 
them in a language other than English.". IP/NIlITTO/TIl 
Page 167 
11. Rule 54(2) of the Rules is amended by deleting the words "(if an Rule 54 
application on Form TM-No. 27 for the entry thereof has been amended 
approved)". 
12. Rule 57 of the Rules is revoked and the following rule is Rule 57 
substituted: 
"Application 
for renewal 57. An application for the renewal of the 
registration of a trade mark under section 25A of the Act 
shall be made on Form TM-No. 9.". revoked and 
substituted 
13. Rules 58 and 59 of the Rules are revoked. Rules 58 and 
59 revoked 
14. Rules 61 to 65 of the Rules are revoked and the following rule Rules 61 to 65 
is substituted: revoked and 
substituted 
"Registration 61. iNhere a person becomes entitled by 
of assignment assignment or transmission to a registered trade mark 
he may, jointly with the proprietor, make application to 
the Registrar on Form TM-No. 12 together with a 
certificate on Form TM-No. 13 or a transfer document 
on Form TM-No. 14 to register his title.". 
15. Rule 66 of the Rules is amended-Rule li6 
(a) in subrule (1), by deleting from the words "An application" amended 
to~the words '.'subsisted, then': and substituting the words 
'Where an application under rule 61 ~s made,"; and 
(b) in subrule (2), by deleting the words "or rule 62". IP/NI 1 ITTO/TI 1 
Page 168 
Rule 68 
amended 
Rule 71 
revoked and 
substituted 16. Rule 68 of the Rules is amended by dele'ting the words, "or 
rule 62". 
17. Rule 71 of the Rules is revoked and the following rule is 
substituted: 
"Alteration of 
address in 
Register 71. (1) A registered proprietor of a trade mark-
(a) whose trade or business relation is changed 
so that the entry in the Register is rendered 
incorrect; 
(b) whose address for service in Trinidad and 
Tobago entered in the Register is changed, 
whether by discontinuance of the entered 
address or otherwise, so that the entry in 
the Register is rendered incorrect; 
(c) whose registered trade or business address 
or address for service is altered by a public 
authority, so that the changed address 
designates the same premises as before, 
shall forthwith request the Registrar on Form TM­
No. 15 to make the appropriate alteration of the address 
in the register, and the Registrar shall alter the'register 
accordingly if he is satisfied in the matter. 
(2) In case of the alteration of the address of a 
person entered in the Register as the address for service 
of more than one registered proprietor or registered user 
of trade marks, the Registrar may, on proof that the said 
address is the address of the applicant and if satisfied 
that it is just to do so, accept an application from that 
person on Form TM-No. 15 amended so as to suit the 
case for the appropriate alteration of the entries of his 
address as the address for service in the several 
registrations, particulars of which shall be given in the 
form, and may alter the entries accordingly. 
(3) All applications made under this rule on 
Form TM-No. 15 shall be signed by the registered 
proprietor, or by an agent expressly authorized by him 
for the purpose of such an application, unless in 
exceptional' circumstances the Registrar otherwise 
allows.". IP/N/1/TTO/T 11 
Page 169 
18. Rule 79 of the Rules is revoked and the following rule is Rule79 
substituted: revoked and substituted 
"A1teratiort 
of registered 
trade mark 79. (1) A registered trade mark shall not be altered 
in the register, during the period of registration or on 
renewal. 
(2) Notwithstanding subrule (I), the Registrar 
may, at the request of the proprietor, allow the 
alteration of a registered trade mark where the mark 
includes the proprietor's name or address and the 
alteration is limited to alteration of that name or 
address and does not substantially affect the identity of 
the trade mark.". 
19. The First Schedule to the Rules is amended- First 
Schedule Ja) in item 1- amended 
(i) by inserting after the words "one class", the words 
"or to register a series of trade marks under 
section 26(3) for a specification of goods included in 
one class"; and 
(ii) by deleting the word "150.00" and substituting the 
words 300.00 for an application in one class and 
100.00 for each additional class; 
(b) in item lc, by deleting the word "150.00" and substituting 
the word "300.00"; 
(c) in item Id, by deleting the word "150.00" and substituting 
the word "300.00"; 
(d) in item 2, by deleting the word "30.00" and substituting the 
word "60.00" 
(e) by deleting items la and lb; 
(f) in item 3, by deleting the word "40.00" and substituting the 
word "100.00"; 
(g) in item 3a, by deleting the word "40.00" and substituting 
the word "100.00"; 
(h) in item 5d, by deleting the word "60.00" and substituting 
the word "100.00"; 
(i) in item 5e, by deleting the words "60.00" and "10.00" and 
substituting the words "100.00" and "20.00" respectively; 
(j) in item Sf, by deleting the word "60.00" and substituting 
the word "100.00"; 
(k) in .item 5g, by deleting the words "60.00" and "10.00" and 
substituting the words "100.00" and "20.00" respectively; 
(l) in item 9a, by deleting the 'words "30.00" and "10.00" and 
substituting the words "40.00" and "20.00" respectively; IP/NIlITTO/TIl 
Page 170 
Second 
Schedule 
amended (m) in item 10, by deleting the word "120.00" and substituting 
the word "200.00"; 
(n) in item lOa, by deleting the word "120.00" and substituting 
the word "200.00"; 
(0) by deleting item 10c and substituting the following: 
"lOc. Late renewal fee (in addition to renew2.1 fee) 200.00"; 
(p) in item 14, by deleting the word "30.00" and substituting 
the word "100.00"; 
(q) in item 19, by deleting the word "40.00" and substituting 
the word "150.00"; 
(r) in item 19a, by deleting the word "40.00" and substituting 
the word "150.00"; . 
(5) in item 20, by deleting the words "10.00" End "6.00" and 
substituting the \'lords "40.00" and "20.00" res;:>ectively; 
(t) in item 20a, by deleting the words "10.00" Er:d "6.00" and 
substituting the words "40.00" and "20.00" respectively; 
(u) by inserting after item 23, the following items: 
"24. Recordal of an 
assignment 100.00 TM-No.12 
"25. Recordal of change of 
name or address 40.00 TM-No.15". 
20. The Second Schedule to the Rules is amended-
(a) by deleting Forms TM-Nos. 8, 10, 11, 18 and 27; 
(b) by deleting Forms TM-Nos. 1, 2, 9, 12, 13, 14, 15 and 17 
and substituting respectively the following forms: FORM TM-No. 1 
TRADE lvlARKS AGr 
AuthorIsation of Agent 
For Office use only 
Reference number 01 person making the appointment:' ...................... . 
1. Appointment 
The undersigned hereby appoints as his representative the person identified in item 3, 
below. 
2. Name of the p'erson Making the Appointmentt 
3. Representative 
3.1 Name: 
3.2 Address (including postal code and country): 
Telephone number(s): 
(with the area code) Telefacsimile number(s): 
(with the area code) 
'The reference number allotted by the person making the appointment to this 
authorisation of agent may be indicated in this S?2.ce. 
tIf the person making the appointment is the applicant (or one of the applicants), the 
name to be indicated is that of that applicant. as indicated in the appHcation(s) to which 
this authorisation reiates. If the said person is the holder (or one of the holders), the name 
to be indicated is that of that holder, as recorded in the register of marks. If the said 
persons or an interested person other than an applicant or holder, the name to be 
indicated is...the.full name of that person or the narn,e customarily used by that person. IPIN/I1TTOITII 
Page 171 IP/N/IITTO/TIl 
Page 172 
Fo/t.\( TM-No. 1, Page 2 
4. Application(s) and/or Registration(s) Concerned 
This authorisation of agent concerns: 
4.1 0 all existing and future applications and/or re.€0strations of the person 
making the appointment, subject to any exceptiol) indicated on an 
additional sheet. 
4.2 0 the following application(s) and/or registration(s): 
4.2.1 the application(s) concerning the following mark(s)': 
4.2.2 the application(s) having the following application number{slt as well 
as any registration(s) resu,lting therefrom: 
4.2.3 the registration(s) having the following registration number{s): 
4.2.4 0 If the spaces under 4.2.1, or 4.2.2 or 4.2.3 are not sufficient, 
check this box, and provide the information on an additional 
sheet. 
'Complete this item if the authorisation of agent is filed with the Office together with 
the application(s). 
t\Vhere the application number of an application has not yet been issued or is not 
known to the applicant or his representative, that application may be identified by 
furnishing either: (i) the provisional application number, if any, given by the Officej or 
(ii): a copy of the application; or (iii) a reproduction of the mark, accompanie'd by an 
indication of the date on which, to the best knowledge of the applicant or his 
representative, the application was received by the Office and an identification number 
given to the application ~y the applica!1t or his represe~tative. . FoR.\! TM-No. 1, Page 3 
5. Scope of the Authorisation of Agent 
5.1 0 Check this box if the representntive has the right to act as 
representative for n\1 purposes, including, where the person mnking the 
appointment is an applicant or a holder, the fo\1owing purposes: 
5.1.1 0 withdrawal of the applications(s) 
5.1.2 0 surrender of the registration(s) 
5.2 0 Ch~ck this box if the representative does not have the right to act as 
representative for a\1 purposes and indicate here or on an additional 
sheet purposes excluded from the powers of the representative: 
6. Signature 
6.1 Name of the natural person who signs: 
6.2 Date of signature: 
6.3 Signature: 
7. Additional Sheets and Attachments 
o Check this box if additional sheets and/or attachments are enclosed and indicate 
the total number of such sheets and/or attachments: IP /NI lITTO/T 11 
Page 173 IP/N/lITTO/TIl 
Page 174 
FoR.\\ TM-No. 2 
TRADE :MARKS Ac:r 
APPLICATION FOR THE REGISTRATION OF A TRADE M.-\.RK 
For Office use only 
Reference number of applicant:" ....................... .. 
Reference number of representative:· ................ . 
1. Request for Registration 
Registration of the mark reproduced in the present application is hereby requested in 
Partt of the Register. 
"The rere'rence number allotted by the applicant and/or the refererice nUr.Jber allotted 
by the representative to the present application may be indicated in this space. 
tWrite here "A" or "B" according to registration desired. FORM TM-No. 2, Page 2 
2. Applicant(s) 
2.1 If the applicant is a natural person, the p.erson's 
(a) family or principal name:~ 
(b) given or secondary name(s):* 
2.2 H the app1icant is a legal entity, the entit/s full official designation: 
2.3 Address (including postal code and country): 
Telephone rlum ber(s): 
(with the area code) 
2.4 State of nationality: 
State of establishment:t Telefacsimile number(s): 
(with the area code) 
2.5 Where the applicant is a legal entity, indicate 
the legal nature orthc'legal entity: 
thc State, and, where applicable, the territorial u'nit within that State, under 
the Jaw of the legal entity is organized: 
2.6 0 Check this box if there is more than one applicant: in that case, list them 
on an additional sheet and indicate, in respect of each of them, the dala 
referred to in items 2.1 or 2.2. 2.3, 2.4 and 2.5. * 
*The name' to be indicated under (a) and (b) are ei ther_ the full name of the applicant 
or the names customarily used by the applicant. 
t "Establishment" means a real a~d effective industrial or commerci.al ~stablishment. 
*"Vhere several applicants are listed on the additional sheet with different addresses 
and there is no representative, the address for correspondence must be underlined on the 
additional sheet. . IP/NI1/TTO/TI 1 
Page 175 IP/N/lITTO/TIl 
Page 176 
FORM TM-No. 2, Page 3 
3. Representative 
3.1 0 The applicant is not represented. 
3.2 0 The applicant is represented. 
3.2.1 identification of the representative 
3.2.1.1 Name: 
3.2.1.2 Address (including postal code and country) 
Telephone number(s): 
(with the area code) Telefacsimile nUr:1ber(s): 
(with the area ccce) 
3.2.2 0 The authorization of agent is already in the possession .of the 
Office. Serial number: ........................• 
3.2.3 0 The authorisation of agent is attached. 
3.2.4 0 The authorisation of agent will be furnished at a later date. 
3.2.5 . 0 No authorization of agent is needed: 
4. Address for Servicet 
'To be left blank if the authorization of agent has not, or has not yet, been allotted a 
serial number or if the serial number is not yet knoym to the applicant or the 
representative. . 
tAn' address for service must be indicated in the space available under the title of item 
4 where the applicant does not have or, if there is more than one .applicant, where none of 
the'applicant3 has a domicile or 8 real and effective industrial or commercial establishment 
in Trinidad and Tobago, except where a.representative is indicated in item 3. FORM TM-No: 2, Page 4 IP/NIlITTO/T/I 
Page 177 
5. Claiming of Priority 
o The applicant hereby claims the following priority: 
5.1 Country (Office) of first filing;" 
5.2 Date of rust filing: 
5.3 Application number of first filing (if available): 
5.4 The certified copy of the application the priority of which is c1abedt 
5.4.1 0 
5.4.2 0 is attached. 
will be furnished within three months from the filing date of the 
present application. 
5.5 The translation of the certified copy 
5.6 5.5.1 0 is attached. 
5.5.2 0 will be furnished within three months from the filing date of the 
present application. 
o Check this box if there is more than one filing whose priority is 
claimed; in that case, list them on an additional sheet and indicate, in 
respect of each of them, the infonIlation referred to in items 5.1, 5.2, 
5.3, 5.4 and 5.5 and the goods andlor services mentioned in each of 
them. 
'Where the application the priority of v,hich is claimed was filed y,ith an Office other 
than a national Office (e.g., OAP!, the Benelux Trademark Office end the Office for 
Harmonization in the Internal Market (trade marks and designs), the name of that Office 
has to be indicated instead of the name of a country. Otherwise, not the name of the Office 
but the name ofthe country must be indicated. 
t"CertUied copy" means a copy of the application the priority of which is claimed, 
certified as being in conformity with the original by the Office which received such 
application. . 
T. M.--3 IP/N/lITTO/T/l 
Page 178 
FORM TM-No. 2, Page 5 
6. Registration(s) in the Country (Office) of Origin' 
o The certificate(s) of registration in the country (Office) or origin is (are) 
attached. 
7. Protection Resulting From Display in an Exhibition 
o Check this box if the applicant wishes to take advantage of e::y protection 
resulting from the display of goods and/or services in an exhibitio~. In that 
case, give the details on an additional sheet. 
8. Reproduction of the Mark 
(8 cm x 8 cm) 
·To be filled in where the applicant wishes to furnish evidence under Article 6 
quinquies A(l) of the Paris Convention wnen filing the application. . FORM TM-No. 2, Page 6 
8.1 0 The applicant wishes that the Office register and publish the mark in 
the standard characters used by it.' 
B.2 0 Colour is claimed as a distinctive feature of the mark. 
8.2.1 Name(s) of the colour(s) claimed: 
8.2.2 Principal parts of the mark which are in that (those) colour(s): 
8.3 0 'rhe mark is three·dimensional. 
o tdifferent views of the mark are attached. 
8.4 treproduction(s) of the mark in black and white is (are) attached. 
8.5 *reproduction(s) of the mark in colour is (are) attached. 
9. Transliteration of the Mark 
The mark or part of the mark is transliterated as follows: 
10. Translation ofthe Mark 
The mark or part or the mark is translated as follows: 
'Such a wish cannot be expressed in respect of marks which contain or consist of 
figurative elements. If, in the opinion of the Office, they do contain such elements, the 
Office will ignore the wish of the applicant and will register and publish the mark as 
appearing in the square. 
tIf several different views of the mark are not included in the square provided in 
item 8 but are attached, check this box and indicate the number of those different views. 
*Indicate the number of reproduction in black and white and/or colour. IP/N/lITTO/TIl 
Page 179 IP/N/1/TTO/T/l 
Page 180 
FORM TM-No'.2, Page 7 
11. Goods and/or Services 
Names of the goods and/or services:" 
o Check this box if the space above is not sufficient; in that case, give the 
names of the goods and/or services on an additional sheet. 
12. Declaration Concerning Intention to Use or Actual Use: Evidence of Actual Use 
12.1 0 Check this box if a declaration is aUached. 
'12.2 0 Check this box if evidence of actual use is attached. 
'Where the goods and/or services belong to more than one class of the Nice 
Classification, they must be grouped according to the classes of that Classification. The 
number of each class must be indicated and the goods and/or services belonging to the 
same class must be grouped following the indication of the number of that class. Each 
group of goods or services lllust be presented in the order of the classes of the Nice 
Classification. Where all the',goods or services belong to one class of the Nice 
Classification, the number of that class must 00 indicated. FORM TM-No. 2, Page 8 
13. Signature 
13.1 Name of the natural person who sig-M: IP/N/1/TTO/TIl 
Page 181 
13.2 Check the appropriate box according to whether the signature is given of the 
13.2.1 o applicant. 
13.2.2 o representative. 
13.3 Date of signature: 
13.4 Signature: 
14. Fee(s) 
14.1 Amount(s) of the fee(s) paid in connection with the present a??lication: 
14.2 Method of payment: 
15. Additional Sheets and Attachments 
o Check this box if additional sheets and/or attachments ere enclosed and 
indicate the total number of such sheets and/or attachments: IP/NI 1 ITTO/TI 1 
Page 182 
FoR.\! TM-N o. 9 
TRADE MARKS ACf 
REQUEST FOR THE RENEW."..L OF A REClSTR.~TION 
For Office use only 
Reference number of holder:' ............................. .. 
Reference number of representative:· ................ . 
1. Indication That Il. Renewal Is Sought 
The renewal of the registration identified in the present request is hereoy requested. 
2. Registration Concerned 
2.1 Registration number: 
2.2 Filing date of the application which resulted in the registration: 
Registration date: 
"The reference number allotted by the holder and/or the reference number allotted by 
the representative to the present request for renewal may be indicated in this space. FORM TM-No. 9, Page 2 
3. Holder(s) 
3.1 if the holder is a natural person, the person's 
(a) family or principal name:" 
(b) given or secondary name(s):' 
3.2 If the holder is a legal entity, the entity's full official designation: 
3.3 Address (including postal code and country): 
Telephone number(s): 
(with the area code) Telefacsimile num ber(s): 
(with the area code) 
3.4 0 Check this box if there is more than one holder; in that case, list them 
on an additional sheet and indicate, in respect of each of them, the data 
referred to in items 3.1 or 3.2 and 3.3. 
"The names to be indicated under (a) and (b) are those which are recorded in respect 
of the registration to which the present request relates. IP/N/1/TTO/TIl 
Page 183 IP/N/1/TTO/TIl 
Page 184 
FORM TM-No. 9, Page 3 
4. Representative of the Holder 
4.1 Name: 
4.2 Address (including postal code and country): 
Telephone number(s): 
(with the area code) Telefacsimile number(s): 
(with the area code) 
4.3 Serial number of the authorisation of flgBnt:* 
5. Address for Service of the Holder 
"To be left blank if the authorisation of agent has not, or has nc~ yet, been allotted a 
serial number or if the serial number is not yet !mown to the holder or the representative. FoR.'d TM-No. 9, Pag-e 4 
6. Goods and Services' 
6.1 0 Renewal is requested for all the goods and/or services covered by the 
registration. 
6.2 0 Renewal is only requested for the following goods and/or services 
covered by the registration:t 
6.3 0 Renewal is requested for 1111 the goods and/or services covered by the 
registration except the following:t 
6.4 0 Check this box if the above space is insufficient and use an ac~tional 
sheet. 
'Check only one of boxes 6.1, '6.2 or 6.3. 
tThe list of the goods und/or services for which renewal is requested l:'.ust be 
presented in the same way us it appears in the registration (grouping accordi::;; to the 
classes of the Nice Classification, starting with an indication of the number of the 
relevant class and, where the goods or services belong to more than one class, 
presentation in the order of the classes of that Classification). 
*Th~ goods {md/or services for which renewal is not requested must, .Y!'here they 
belong to more than one class of the Nice Classification, be grouped according to the 
classes of that Classifi,cation, starting with an indication of the number of the relevant 
class and presented in the order of the classes of the said Classification. IP/NIlITTO/TI 1 
Page 185 IP/N/IITTO/TIl 
Page 186 
FORM TM-No. 9, Page 5 
7. Person, Other Than the Holder or the Representative of the Holder, who Files the 
Present Request For Renewal 
IMPORTAt"lT: A person other-than the holder or the representative of the holder 
may file a request for renewal only where the Contracting Party 
concerned allows it. Consequently, the present item cannot be 
completed if the Contracting Party whose Office is the Office 
identified on the first page of the present request for renewal does 
not al10w a request for renewal to be filed by a person other than 
the holder or the represent<ltive of the holder. 
o Check this box if the present request for renewal is filed by a person 
other than the holder or the representative of the holder. 
7.1 If the person is a natural person, the person's 
(a) family or principal name: 
(b) given or secondary nameCs): 
7.2 If the person is a legal entity, the entity's full offtcial designation: 
7.3 Address (including postal code and country): 
Telephone numbcrCs): 
(with thn area code) Telefacsimile numberCs): 
(with the area code) FORM Uti-No. 9, Page 6 
8. Signature 
8.1 Name of the natural pBrson who signs: 
8.2 Check the appropriate box according to whe:her the signature is gi.ven by the 
8.2.1 0 holder. 
8.2.2 0 representative of the holder. 
8.2.2 0 person referred to in item 7. 
8.3 Date of signature: 
8.4 Sig:nature: 
9. Fee 
9.1 Amount of the fee paid in connection with the present request for renewal: 
9.2 Method of Payment: 
10. Additional Sheets 
o 'Check this box if additional sheets are enclosed und indicate the total 
number of such sheets. IP/N/1/TTO/TIl 
Page 187 IP/N/1/TTO/T/1 
Page 188 
Form TM-No.12 
TRADE MARKS Aaf 
REQUEST FOR THE RECORDAL OF A CHANCE IN OWNERSHIP 
In respect ofregishation(s) and/or application(s) for registration ofr::2.rb:s 
For 9ffice use only 
Reference number of holder and/or applicant:" ................................... . 
Reference number of representative:" .............................................. . 
1. Request for Recordal 
The recordal of the change in ownership indicated in the present request is hereby 
requested. 
2~ Registration(s) and/or Application(s) Concerned 
The present request concerns the following registration(s) and/or eppJication(s): 
2.1 Registration number(s): 
2.2 Application number(s):t 
2.3 0 If the spaces under 2.1 or 2.2 are not sufficient, check this box and 
provide the information on an additional sheet. 
"The reference number allotted by the holder and/or applicant andlor the reference 
number allotted by the representative to the present request may be j"dicated in this 
space. 
t\Vhere 'the application number of en application has not yet been issued or is not 
known to the applicant or his representative, that application may be identified by 
furnishing either: (i) the provisional application number, if any, given by the Office, or (ii) 
a copy of the application, or (lii) a reproduction of the mark, accompanied by an indication 
of the date on which, to the best knowledge of the applicant or his representative, the 
application was received by the Office and an identification number given to the/ 
appl!cation by the applicant or his rePresentative .. FORM TM-No. 12, Page 2 
3. Guods and/or Services Affected by the Change 
3.1 0 Check this box where all the goods and/or services listed in the 
applkation(s) and/or registration(s) referred to in item 2 are affected by 
the change. 
3.2 0 Check this box where item 2 mentions only one application or 
registration and where only some of the goods and/or services listed in 
that application or registration are affected by the change and indicate 
the 'goods and/or services that should appear in the application or 
registration of the new owner (in which case the goods and/or services 
not indicated will remain in the application or registrntion of the 
npplicant or holder); 
3.3 0 Check this box where item 2 mentions mor~ than one application or 
registration and if in respect of at least one of them the change affects 
less than all the goods and/or services listed. In this case, indicate on an 
ndditional sheet, separately in respect of each application and/or 
registration, whether the change affects all the goods and/or services or 
only some of them. In respect of any application or registration where 
only some of the goods and/or services are affeded by the change, make 
the indication in the way specified in item 3.2. IP/NIlITTO/TIl 
Page 189 IPIN/1/TTO/T/1 
Page 190 
FORM TM:-N~. 12, Pag<! 3 
4. Basis for the Change in ownership 
'01.1 0 The change in ownership results from a contract. One of the follo, ... ·ing 
documents is enclosed: 
4.1.1 0 a copy, certified as b€ing in conformity with the original, of the 
contract. 
4.1.2 0 an extract, certified 1.\5 being a true extract, of the contract, 
4,1.3 0 a certificate of transfer. 
4.1.4 0 a transfer document. 
4.2 0 The change in ownership results from a merger. 
A copy, certified as being in co:uormity with the original, of th~ following 
document, evidencing the merger, is enclosed: 
4.2.1 0 extract from the register of companies. 
4.2.2 0 other document originating from the competent authority. 
4.3 0 The change in ownership does r.ot result from the contrad or a merger. 
4.3.1 0 A copy, certified as being in conformity with the original, of a 
document evidencing the change is enclosed. FORM TM-No: 12, Page 4 
5. Holder(s) and/or Applicant(s) 
5.1 If the holder and/or applicant is a natural person, the person's 
(a) family or principal name:" 
(b) given or secondary name(s):' 
5.2 If the holder and/or applicant is a legal entity, the entity's full diicial 
designation: 
5.3 Address (including postal code and country): 
Telephone number(s): 
(with the area code) Telefacsimile number(s): 
(with the area code) 
5.4 0 
5.5 0 Check this box if there is more than one holder and/or npplican: ?!reeted 
by the changej in that case, list them on an additional sr.e=: and 
indicate, in respect of each of them, the data referred to in He:::: 5.1 or 
5.2 and 5.3. 
Check this box if the holder and/or applicant, or one of the :-. J12ers 
and/or applicants, has changed names andlor addresses 'c,'i:hout 
requesting the recordal of that change, and enclose a doc'~r:1ent 
evidencing that the person having transferred the ownership E.::d the 
holder and/or applicant are the same person. 
6. Representative of the Holder and/or Applicant 
6.1 Name: 
6.2 Address (including postal code and country): 
Telephone number(s): 
(with the area code) Telefacsimile number(s): 
(with the area code) 
6.3 Serial number of the authorisation of agent:t 
"The names to be indicated under (cr.) and (b) are those which were indicatd in the 
application(s), or are recorded in respect of the registration(s), to which the present 
request relates. 
tTo be left blank if the authorisation of agent has not, or has not yet, been allotted a 
serial number or if the serial number is not yet known to the holder and/or applicant or 
the representative. IP/N/lITTO/T/1 
Page 191 IP/N/l/TTOITIl 
Page 192 
FORM TM-No. 12, Page 5 
7. Address for Service of the Holder and/or Applicant 
8. New Owner(s) 
8.1 If the new owner is a natural person, the person's 
(a) family or principal name:" 
(b) given or secondary name(s);" 
8.2 If the new owner is a legal'entity, the entity's full official designation: 
8.3 Address (including postal code and country): 
Telephone number(s): 
(with the area code) 
8.4 . State of nationality: 
State of establishment:t Telefatsimile number(s): 
(with the aren. code) 
8.5 Where the new owner is n. legal entity, indicate 
-the legal nature orthe legal entity: 
-the State, and, where applicable, the territorial unit within that State, under 
the law of which the legal entity is organised: 
8.6 0 Check this box if there is more than one new owner; in that case, list 
them on an additional sheet and indicate, in respect of each of them, the 
data referred to in items 8.1 or 8.2, 8.3,8.4 and 8.5.* 
"The ·names to be indicated under (a) and (b) are either the full names of the new 
owner or the names customarily used by the new owner. 
f'Establishmenl" means a real and effective industrin.l or· commercial establishment. 
*Where several new owners are listed on the additional sheet with different addresses 
and there is no representative, the address for correspondence must 00 underlined on the 
additional sheet. FORM TM-No. 12, Page 6 
9. Representative of the New Owner 
9.1 0 The new owner is not represented. 
9.2 0 The new owner is represented. 
9.2.1 Identification of the representative 
9.2.1.1 Name: 
9.2.1.2 Address (including postal code and country): 
9.2.2 0 
9.2.3 0 
9.2.4 0 
9.2.5 0 Telephone number(s): 
(with the area code) Telefacsimile number(s): 
(with the area code) 
The authorisation of agent is already in the possession of the 
Office. 
Serial number: ...................................... . 
The authorisation of agent is attached. 
The authorisation of agent will be furnished at a later date. 
No authorisation of agent is needed. 
10. Address for Service of the New Ownert 
'To be left blank if the authorisation of agent has not, or has not yet, been allotted a 
serial number or if the serial number is not yet known to the new owner or the 
representative. 
tAn address for service must be indicated in the space available under the title of 
item 10 where the new owner does not have or, if there is more than one new owner, 
where none of the new owners has a domicile or a real and effective industrial or 
commercial establishment on the territory of the Contracting Party whose Office is the 
Office named on the first page of the present request, except where a representative is 
indicated in item 9. IP/NIlITTO/TIl 
Page 193 IP/N/1/TTO/T/1 
Page 194 
11. Signa'ture FOIlM TM-No. 12, Page 7 
11.1 Name ofthe natural person who signs: 
11.2 Check the appropriate box according to whether the signature is gj-,'en by 
11.2.1 o holder and/or applicant 
11.2.2 o new owner 
11.2.3 o representative 
11.3 Date of signature: 
1104 Signature: 
12. Fee 
12.1 Amount of the fee paid in connection with the present request for the 
recordal of a change in ownership: 
12.2 Method of payment: 
13. Additional Sheets and Attachments 
o Check this box if additional sheets and/or attachments are enclosed and 
indicate the total number of such sheets and/or attachments: FORM TM-No. 13 
TRADE MARKS ACT 
CERTIFICATE OF TRANSFER 
In respect of registration(s) and/or application(s) for registration of rna~ks 
For Office use only 
1. Certification IP/N/lITTO/TIl 
Page 195 
The undersigned transferor(s) and transferee(s) hereby certify that the ownership of 
the registrationCs) and/or application(s) identified below has been trar,sferred by 
contract. 
2. RegistrationCs) and/or Application(s) Concerned 
The present certificate concerns tl-,e transfer of the following registrationCs) and/or 
applicationCs); 
2.1 Registration numberCs); 
2.2 Application number(s);' 
2.3 0 If the spaces under 2.1 or 2.2 are not sufficient, check this box and 
provide the information on an additional sheet. 
'Where the application number of an application has not yet been issued or is not 
known to the transferor or his representative, that application may be identified by 
furnishing either: (i) the provisional application number, if any, given by the Office, or 
(iil a copy of the application, or (iii) a reproduction of the mark, accompanied by an 
indication of the date on which, to the best knowledge of the transferor or his 
representative, the application was received by the Office and an identification number 
given to the application by the transferor or his representative. IP/N/1/TTO/T/1 
Page 196 
FonM TM-No. 13, Page 2 
3. Goods andlor Services Affected by the Transfer 
3.1 0 Check this box where all the goods and/or services listed in the 
application(s) and/or registration(s) referred to in item 2 have been 
affected by the transfer. 
3.2 0 Check this box where item 2 mentions only one application or 
registration and where only some of the goods and/or services listed in 
that application or registration have been affected by the tra:Jsfer and 
indicate the goods and/or services that have been affeded by the 
transfer. 
3.3 0 Check this box where item 2 mentions more than one application or 
registration and if in respect of at least one of them the transfer has 
affected less than all the goods and/or services listed. In this case, 
indicate on an additional she~t, separately in respect or eueh application 
and/or registration, whether the transfer affected all the goods andlor 
services or only some of them. In respect of any application or 
registration where 'only some of the goods and/or services w(?~e affected 
by Ihe transfer, make the indication in the way specified in i~e;n 3.2. FOR.\j TM-No. 13, Page 3 
4. Transferor(s) 
4.1 If the transferor is n natural person, the person's 
(a) family or principal name:· 
(b) given or secondary name(s):" 
4.2 If the transferor is n legal entity, the entity's full omcial designation: 
4.3 Address (including postal code and country): 
Telephone number(s); 
(with the area code) Telefacsimile number(s): 
(with the area code) 
4.4 0 Check this box if there is more than one transferor; in that case, list 
them on an additional sheet and indicate, in respect of each of them, the 
data referred to in items 4.1 or 4.2 and 4.3. 
tThe names to be indicated under (a) and (b) are those which were indicated in the 
application(s), or are recorded in respect of the registration(s), to which the present 
certificate relates. IPIN/1/TTO/T/1 
Page 197 IP/N/lITTO/TIl 
Page 198 
FORM n ... I-No. 13, Page 4 
5. Transferee(s) 
5.1 If the transferee is a natural person, the person's 
(a) family or principal name:" 
(b) given or secondary name(s):+ 
5.2 If the transferee is a legal entity, the entity's full official designation: 
5.3 Address (including postal code and country).: 
Telephone number(s): 
(with the area code) Telefacsimile number(s): 
(with the area code) 
5.4 0 Check this box if there is more than one transferee; in tr.a: case, list 
them on an additional sheet and indicate, in respect of each of them, the 
data referred to in items 5.1 or 5.2 and 5.3. 
-The names to be indicated under (a) and (b) are either the full names of the 
transferee or the names customarily used by the transferee. FORM TM-No. 13, Page 5 
6. Signatures 
6.1 Signalure(s) ofthe lransCeror(s) 
6.1.1 Name(s) oC the natural person(s) who sign(s): 
6.1.2 Date oC signature(s): 
6.1.3 Signature(s): 
6.2 Signature(s) of the lransferee(s): 
6.2.1 Name(s) of the nalural person(s) who sign(s): 
6.2.2 Dale of signature(s): 
6.2.3 Signature(s): 
7. Additional Sheels and Attachments 
o Check this box if additional sheets and/or attachments are enc\~sd and 
indicate the total number of such shee:s and/or atlachn"lcnts: IP/NIlITTO/T/1 
Page 199 --------------------------_ .. -.-_. 
IP/N/lITTO/TIl 
Page 200 
FORM TM-No. 14 
TRADE :MARKS ACT 
TRANSFER DoctP..!ENT 
in respect of registration(s) and/or 
application(s) for registration of marks 
For Omce use only 
1. Declaration of Transfer 1 
The undersigned transferor(s) transfers (transfer) to the undersigned transferee(s) 
the ownership of the registration(s) and/or application(s) identified below. 
2. Registration(s) and/or Application(s) Concerned 
The present document concerns the transfer of the following registration(s) and/or 
application(s): 
2.1 
2.2 
2.3. o Registration number(s): 
Application number(s):' 
If the spaces under 2.1 or 2.2 are not sufficient, check this box and 
provide the information on an additional sheet. 
·Where the application number of an application has not yet been isst:ed or is not 
known to the transferor or his representative, that application may be identified by 
furnishing either: (i) the provisional application number, if any, given by the Office, or 
(ii) a copy of the application; or (i~i) '1> reproduction of the mark, accompanied by an 
indication of the date on which, to the best knowledge of the transferor or his 
representative, the application was received by the Office and an identification number 
given to the application by the transferor or his representative. FORM TM-No. 14, Page 2 
3. Goods and/or Services Affected by the Transfer 
3.1 0 Check this box where all the goods and/or services listed in the 
application(s) and/or registration(s) referred to in item 2 are effected 
by the transfer. 
3.2 0 Check this box where item 2 mentions only one application or 
registration and where only some of the goods and/or services listed in 
that application or registration are affected by the transre~ and 
indicate the goods and/or services that are affected by the transre~; 
3.3 0 Check this box where item 2 mentions more than one application or 
registration and if in respect of at least one of them the transfer a!'iects 
less than all the goods and/or services listed. In this case, indicate on 
an additional sheet, separately in respect of each application endior 
registration, whether the transfer affects all the goods and/or services 
or only some of them. In respect of any upplicntion or registration 
where only some of the goods and/or services arc affected by the 
transfer, make the indication in the way specified in item 3.2. IP/N/lITTO/TIl 
Page 201 IP/NI1/TTO/TI 1 
Page 202 
FORMTM-No. 14, Page 3 
4. Transferor(s) 
4.1 If the transferor is a natural person, the person's 
(a) family or principal name:· 
(b) given or secondary name(s):· 
4.2 If the transferor is a legal entity, the entity's full official desigT;~tio:l: 
4.3 Address (including postal code and country): 
4.4 Telephone numbB~(s): 
(with the area code) Telefacsimile num~r(s): 
(with the area code) 
o Check this box if there is more than one transferor; b thE: case, list 
them on an additional sheet and indicate, in respect er ea:h of them, 
the dala rden'cd to in items 4.1 or 4.2 and 4.3. 
·The names to be indicated under (a) and (b) are those which were indicated in the 
application(s), or are recorded in respect of the registration(s), to which the present 
document rela\-es. FOM TM-No. 14, Pago 4 
5. Transferee(s) 
5.1 If the transferee is a natural person, the person's 
(a) family or principal name;" 
(b) given or secondary name(s);" 
5.2 If the transferee is a legal entity, the entity's full official designation; 
5.3 Address (including postal code and country); 
Telephone number{s); 
(with the area code) Telefacsimile number(s); 
(with the area code) 
5.4 0 Check this box if there is more than one transferee; in that case, list 
them on an additional sheet and indicate, in respect of each of them, the 
data referred to in items 5.1 or 5.2 end 5.3. 
6. Additional Indications [see the Annex to this Form (attached)) 
(the furnishing of any of those indications is optional for the purposes of recordal of 
the change in ownership) 
o Check tills box if the Annex is used. 
"The names to be indicated under (a) and (b) are either the full names of the 
transferee or the names customarily used by the transferee. IPIN/1/TTO/TIl 
Page 203 IP/N/1/TTO/TIl 
Page 204 
FORM TM-No. 14, Page 5 
7. Signatures 
7.1 Signature(s) of the transferor(s) 
7.1.1 Name(s) of the natural person(s) who sign(s): 
7.1.2 Date of signature(s): 
7.1.3 Signature(s): 
7.2 Signature(s) of the transferee(s) 
7.2.1 Name(s) of the natural person(s) who sign(s): 
7.2.2 Date of signature(s): 
7.2.3 Signature(s): 
8. Additional Sheets, Attachments and Annex 
o 
o Check this box if additional sheets andJor attachments are enclosed and' 
indicate the total number of such sheets andJor attachments: 
Check this box if an Annex is enclosed and indicate the number of the pages of 
the Annex and the number of any additional sheets to the Annex: ANNEX 'TO FORM TM-No. 14 
Additional Indications Relating 
to a Transfer Document (Item 6) 
A. Transfer of Goodwill or Business 
(a) 0 Check this box where the transfe~ is made with the relevant goo2'~"i;! or 
the business in respect of all the goods and/or services listed h the 
application(s) and}or registration(s) referred to in item 2 of the t~a~s:er 
document. 
(b) 0 Check this box where item 2 of the transfer document mentic:-,s ci.ly 
onc application or registration anc! where the transfer is made wit~ the 
relevant goodwill or the business in respect of only some of the g::;cds 
and/or services listed in that application or registration and indicate the 
goods and}or services in respect of which the transfer is made with the 
relevant good· .... ill or the business: 
(c) 0 Check this box where item 2 ef the transfer document mentions I:1ore 
than one application or registration and if in respect of at leas: o~e of 
them the transfer is made with the relevant goodwill or the business in 
respect of Jess than all the.gcods and/or services listed. In this case, 
indicate on an additional sheet, separately in respect of each application 
and/or registration, whether the transfer is made with the relevant 
good'sill or the business in respect of all the goods and/or se:-:iC2s or 
only some of them. In respect of any application or registratio;] where 
the transfer is made with the relevant goodwill or the business in 
respect of only some of the goods and/or services, make the indication in' 
the way specified in item (b), IP/N/1/TTO/T/l 
Page 205 IP/N/lITTO/TIl 
Page 206 
ANNEX TO FORM TM-No. H. Pago 2 
B. Transfer of Rights Resulting from Use 
The rights, arising from the use of the mark, are transferred in tespee: 0; 
(a) 0 all registrntion(s) and/or application(s) 
(b) 0 only the following registration(s) and/or application(s) 
C. Transfer of the Right to Sue 
o The transferee shall have the right to sue for past infrin5~;;-.":1ts. 
D. Consideration 
(a) 0 The transfer is effected in consideration for money receive:: 
(b) 0 The transfer is effecwd in consideration for money recei'.·d and other 
good and valuable consideration. 
(c) 0 The transferor hereby acknowledges receipt of the a':::ove·mentioned 
consideration . 
E. Effective Dale of the Transfer 
(a) 0 The transfer is effective as of the date of signature of the present 
transfer document. 
(b) 0 The transfer is effective as of the following date: ..................................... .. FORM TM-No. 15 
TRADE MARKS AGr 
Request for the Recordal or Change(s) in 
Name(s) or Address(es) 
in respect of registration(s) and/or 
application(s) for regislration 
ofmark(s) 
For Office use only 
Reference nu mber of holder and/or applicant:' .................................. . 
Reference number of representative:' ................................................ .. 
1. Request for Recordal 
The recordal ofthe change(s) indicated in the present request is hereby reques:ed. 
2. Registration(s) and/or Application(s) Concerned 
The present request concerns the following registration(s) and/or application(s): 
2.1 Registration number(g): 
2.2 Application number(s):t 
2.3 0 If the spaces under 2.1 or 2.2 are not sufficientr check this box and 
provide the information on an additional sheet. 
'The reference number allotted by the holder and/or applicant end/or the reference 
number allotted by the representative to the present request may be indicated in this 
space. 
t\Vhere the application number of an application has not yet been issued or is not 
known to the applicant or his representative, that application may'be identified by 
furnishing either: (i) the provisional application number, if any, given by the office, or 
(ii) a copy of the application, or (iii) a reproduction of the mark, accompanied by an 
indication of the date on which, to the best knowledge of the applicant or his 
representative, the application was received by the Office and an identification number 
given to the application by the applicant or his representative. IPINIlITTO/TIl 
Page 207 IPINIl/TTO/TIl 
Page 208 
FORM TM-No. IS, PagE) 2 
3. Holder(s) and/or Applicant(s) 
3.1 If the holder and/or applicant is a natural person, the person's 
(a) family or principal name:· 
(b) given or secondary name(s):· 
3.2 If the holder and/or applicant is a legal entity, the entity's full official 
designation: 
3.3 Address (including postal code and country): 
Telephone number(s): 
(with the area code) Telefacsimile number(s): 
(with the area code) 
3.4 0 Check this box if there is r:1o~e than one holder and/or applicant; in that 
case, list them on an additional sheet and indicate, in respect of each of 
them, the data referred to in items 3.1 or 3.2 and 3.3. 
4. Representative 
4.1 Name: 
4.2 Address (including postal code and country): 
Telephone number(s): 
(with the area code) Telefacsimile number(s): 
(with the area code) 
4.3 Serial number of the authorisation of agent:t 
S. Address for Service 
"The names to be indicated under (a) and (b) are those which were indicated in the 
application(s), or are recorded in respect of the registration(s), to which the present 
request relates. 
tro be left blank if the authorisation of agent has not, or has not yet, been allotted a 
serial number or if the serial number is not yet known to the holder and/or applicant or 
the representative. FORM n,.1-No. is, Page 3 
6. Indication of the Change(s) 
6.1 Data to be changed: 
Data as changed:' 
6.2 0 .Check this box if the above space is insufficient; in that case, indicate on 
an additional sheet the data to be changed with the data as changed 
7. Signature 
7.1 Name.of the natural person who signs: 
7.2 Check the appropriate box ('.ccording to whether the signature is given by n·.e 
7.2.1 0 holder and/or applicant 
7.2.2 0 representative 
7.3 Date of signature: 
7.4 Signature: 
'Indicate the name{s) and/or address{es) as changed IPINIl/TTO/TIl 
Page 209 IP /Nil ITTO/T 11 
Page 210 
8. Fee FORM TM-No. 15, Page 4 
8.1 Amount of the fee paid in connection with the present request for the recordal 
of change(s): 
8.2 Method of payment: 
9. Additional Sheets and Attachments 
o Check this box if additional sheets and/or attachments are er.closed and 
indicate the total number of su~h sheets and/or attachments: FORM TM-No. 17 
TRADE MARKS ACJr 
REQUEST FOR THE CORRECTION OF MISTAKESCS) 
in reglstrntionCs) and/or applicationCs) 
for registration of ID arks 
For Office use only 
Reference number of holder and/or applicant:" ...... " ......................... .. 
Reference number of representative:" ................................................ .. 
1. Request for Correction 
The correctionCs) identified in the present request is (are) hereby requested. 
2. ReglstrntionCs) and/or ApplicationCs) Concerned 
The present request concerns the following reglstration(s) nndJor application(s): 
2.1 Reglstration number(s): 
2.2 Application numberCs):t IP/N/lITTO/TIl 
Page 211 
2.3 0 If the spaces under 2.1 or 2.2 are not sufficient, check this box end 
provide the information on an additional sheet. 
'The reference number allotted by the holder and/or applicant and/or the rcfe~ence 
number allotted by the representative to the present request In?y be indicated in this 
space. 
tWhere the application number of an application has not yet been issued or is not 
known to the applicant or his representative, that application may be identified by 
furnishing either: (l) the provisional application number, if any, given by the Office, 
or (il) a copy of the application, or (iU) a reproduction of the mark, accompanied by an 
indication of the date on which to the best knowledge of the applicant or his 
representative, the application was received by the Office and an identification 
number given to the application by the applica.nt or his representative.' IPIN/l/TTO/TIl 
Page 212 
FORM TM-No. 17, Page 2 
3. Holder(s) nnd/or Applicant(s) 
3.1 If the holder and/or applicant is a natural person, the person's 
(a) .family or principal name:' 
(b) given or secondary name(s):* 
3.2 If the holder and/or applicant is a legal entity, the entity's full official 
designation: 
3.3 Addre~s (including postal code and country): 
3,4 Telephone number(sl: 
(with the area code) Telefacsimile number(s): 
(with the area code) 
o Check this box ifthere is more than orie holder and/or applicant: i:1 that 
case, list them on an additional sheet and indicate, in respect of each of 
them, the data referred to in items 3.1 or 3.2 end 3.3. 
4. Representative 
4.1 Name: 
4.2 Address (including postal code and country): 
Telephone number(s): 
(with the area code) Telefacsimile number(s): 
(with the area code) 
4.3 Serial number of the authorisation of agen~:t 
'The names to be indicated under (a) and (0) are those which were indicated in the 
application(s), or ere recorded in respect of the registration(s), to which the present 
request relates. 
t'I'o -be left blank if the authorisation of agent has not, or has not yet, been allotted a 
serial number or if the serial number is not yet known to the holder and/or applicant or 
the representative .. Foru.1 TM-No: 17, Page 3 
5. Address for Service 
6. Indication of Mistake(s) and Correclion\s) 
6.1 Data to be corrected: 
Data as corrected: 
6.2 0 Check this box if the above space is insumcient; in that case, indicate on 
an additional sheet the data to be corrected with the data as corrected. 
7. Signature 
7.1 Name of the natural person who signs: 
7.2 Check the appropriate box according to whether the signature is given, by the 
7.2.1 0 holder anJor applicant. 
7.2.2 0 representative. 
7.3 Date of signature: 
7.4 Signature: IP/N/l/TTO/TIl 
Page 213 IP/N/1/TTO/TIl 
Page 214 
8 .. Fee Foru.{ TM-No. 17, Page 4 
8.1 Amount of the fee paid in connection with the present request for correctio;:: 
8.2 Method of payment: 
9. Additional Sheets and Attachments 
o Check this box if additional sheets and/or attachments are enclosed and 
indicate the total number of such sheets anCJor attachments. IP/N/lITTO/TIl 
Page 215 
21. The Rules are amended by deleting the words "Form TM- Consequential 
TM N h d Amendmenla No. 18" and the words "Form 1 -o. 27" wherever t ey occur an 
substituting in each place the words "Form TM-No. 15". 
22. The Third Schedule to the Rules is repealed and replaced by Third 
the following Sch~dule: ~:~:~~~ 
''THIRD SCHEDULE 
(Rules 5, 17) 
LIST OF CLASSES OF GoODS Mm SERVICES 
Goods 
Class 1 Chemicals used in industry, science and photography, as well as in 
agricu,lt"ure, horticulture and forestry; unprocessed artificial resi:;s, 
unprocessed plastics; manures; fire extinguishing compositions; tempering e~,d 
soldering preparations; chemical substances for preserving foodstuffs; taml:ng 
substances; adhesives used in industry. 
Class 2 Pilints, 'varnishes, lacquers; preservatives against rust and agair.st 
deterioration of wood; colorants; mordants; raw natural resins; metals i:l j~il 
and powder form for painters, decorators, printers and D.rti~ts,' 
Class 3 Bleaching preparations and other substances for laundry use; cleani;;g, 
polishing, scouring and abrasive preparations; soaps; perfumery, essentinl 0:15, 
cosmetics, hair lotions; dentifrices, 
Class 1 In'dustrial oils and greases; lubricants; c'.ust absorbing, wetting and bi;;Gi~.g 
compositions; fuels (including motor spirit) and illuminants; candles, wicks, 
Class 5 Pharmaceutical, veterinary and sanitary preparations; dietetic substa:;c;;s 
adapted for medical use, food for babies; plasters, materials for dressi~.gs; 
material for stopping teeth, dental wax; disinfectants; preparations ior 
destroying vermin; fungicides, herbicides, 
Class 6 Common metals and their alloys; metal building materials; transporte':Jle 
buildings of metal; materials of metal for railway tracks; non-electric ca':J\es 
and wi[f~s of common metal; ironmongery, small items of metal hardwa:e; 
pipes and tubes of metal; safes; goods of common metal not included in o~her 
classes; ores, 
Class 7 Machines and machine tools; motors and engin~s (except for land vehicles); 
machine coupling and transmission components (except for land vehic];;s); 
agricultural implements; incubators for eggs_ 
Class 8 Hand tools and implements (hand-operated); cutlery; side arms; fEzors, 
Class 9 Scientific, nautical, surveying, electric, p~otogrnphic, cinematographic, o?~;:al, 
weighing, measuring, signaling, checking (supervision), life-saving cnd 
teaching apparatus and instruments; appnratus for recording, transmissic·;; or 
reproduction of sound or images;' magnetic data carriers, recording ciocs; 
automatic vending machines and mechanisms for coin.operated appare~us; 
cash registers, calculating machines, data processing equipment and 
computers; fire.extinguishing apparatus, 
Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial 
limbs, eyes and teeth; orthopedic articles; suture materials. IP/N/lITTO/TIl 
Page 216 
Goods--Continued 
Class 11 Apparatus for lighting, heating, steat:1 gener;l.ting, cooking, refrigerating, 
drying, ventilating, water supply and sanitary purposes. 
Class'12 Vehicles; apparatus for locomotion by land, air or water. 
Class 13 Firearms; ammunition and prc~iectiles; explosives; fireworks. 
Class 14 Precious metals and their alloys and goods in precious metals or coated 
therewith, not included in other classes; jewellery, pre~ious stones; horological 
and chronometric instruments. 
Class 15 Musical instruments. 
Class 16 P~per, cardboard and EOod3 made from these materials, not included in otner 
classes; 'p~inted 'matter; bookbinding materials; photographs; stationery; 
aciq~siyes fO.r statio'nery .or household purposes; Il:rtists' materials; paint 
'b~hes; typewriters and omc~ requlsitcs.(except furniture); instructional and 
1~aching material (except apparatus); pl~stic 'materials' for"packaging (not 
. included in 'other classes); playing cards; printers' type; printing blocks. 
Class i7 R'ubb'er; g;.ltta-percha, gum, asbestos,.mica.and goods made Irom these 
materials and not included in other cla'sses; plastics in extruded form for use 
.in manufacture; packing, stopping and i~'ulating materials; flexible pipes, 
not of metal... 
Closs 18 Leather and imitations of leather, and goods made of these materials and not 
included· in other. classes; animal skins, hides; trunks and travelling bags; 
umbrellas, paro.sols and walking sticks; whips, harness and saddlery. 
Closs 19 Building materials (non-metallic); non-metallic rigid pipes for building; 
-asphalt, pitch and bitumen; non-metallic transportable buildings; 
'monuments,'not of metal. 
Clcss 20 Furniture, mirrors, picture framesi~oods (not included in other classes) oC 
wood, cork, r'eed, cane, wicker, horn, bone, ivory,' whalebone, shell, amber, 
mother-oC-pearl; meerschaum and substitutes for all·these oaterials, or of 
plastics. 
Class 21 Household or kitchen utensils and containers (not of precious metal or coated 
therewith); combs and sponges; brushes (except paint brushes); brush-making 
materials; articles for cleaning purPoses; steelwool; unworked or semi-worked 
glass (except glas~ used in btiilding);"glassware' porcelain and earthenware 
not included in (ll.her classes: . 
Class 22 Ropes, string, nets, tents, (lwniligs, tarPaulins, sails, sacks and bags (not 
included in other classes); padding and ~Ittmng materials (except of rubber or 
plastics).; raw fibro'us texti.1c materials. 
ClaSs 23 Yarns' and ~)1reads, for textiie use. 
CIGs!i'24 Textiles and textile goods, not included in other classes; be-d nnd table covers. 
Class 25 Clothing, footwear, headgear. 
Class 26 Lace nnd embroidery, ribbons nnd braid; button~, hooks and eyes, pins ·and 
needles; artificial flowers. GOQds-Continued 
Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering 
existing floors; wall hangings (non-textile). 
Class 28 Games and playthings; gymnastic and sporting articles not included in other 
classes; decorations for Christmas trees. 
Class 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked 
fruits and vegetablesj jellies, jams, fruit sauces; eggs, milk and milk productsj 
edible oils nnd fats. 
Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffeej flour and 
preparations made from cereals, bread, pastry and confectionery, icesj honey, 
treaclej yeast, baking powderj salt, mustardj vinegar, sauces (condiments)j 
spices; ice. 
Class 31 Agricultural, horticultural and forestry products and grains not included in 
other classesj live animals; fresh fruits and vegetables; seeds, natural plants 
and flowers; foodstuffs for animals, malt. 
Class 32 Beersj mineral and aerated waters and other non-alcoholic drir,ksj fruit drinks 
and fr~itjuicesj syrups and other preparations for making beverages. 
Class 33 Alcoholic beverages (except beers). 
Class 34 Tobaccoj smokers' articlesj matches. 
Services 
Class 35 Advertisingj business managementj business administration; office functions. 
Class 36 Insurancej financial affairsj monetary affairs; real estate affairs. 
Class 37 Building constructionj repairj installation services. 
Class 38 Telecommunications. 
Class 39 Transportj packaging and storage of goodsj travel arrangement. 
Class 40 Treatment of materials. 
Class 41 Education; providing of training; entertainment; sporting and cultural 
activities. 
Class 42 Providing of food and drink; temporary acco:-nmodation; meclical, hygienic and 
beauty carej veterinary and agricultural services; legal servicesj scientific and 
industrial researchj computer programming; services that cannot be classified 
in other classes." IP/N/1/TTO/TIl 
Page 217 
23. Th'e Rules are amended by inserting after the Third Schedule Fourth 
h f 11 . S h d 1 Schedule t e 0 owmg c e u e: . t d Inser e 
"Fourth Schedule 
(Section 71A-71F) 
BORDER MEASURE FOR~!S 
T.M.-8 IP/N/l/TTO/T/I 
Page 218 
FORM BM-No. 1 THE TRADE ~1ARKS AfJr 
(Section. 71A) 
NOTIOE OF OBJEC"I'ION TO IMPORTATIQN 
To; the Oomptroller of Customs and Excise 
If\Ve· ............................................................................................................................................ . 
of ....................... ,: ....................................................................................................................... .. 
Being the owner/registered user of the trade mark mentioned in the Schecule to this 
Notice under the Trade Marks Act, Ohap. 81:01 and that the owner/registered user of the 
trade mark objects to the importation into Trinidad and Tobago for sale by anyone other 
. than their authorized agent of any goods made outside of Trinidad and Tobago being 
goods to which section 7lB o~ the Trade Marks Act, Chap. 81:01 applies. 
I hereby give to the Comptroller of Cust.oms and Excise, and its agents for th~ purposes 
of section' 71A of .. the Tx:ade. Marks Act,. Chap. 81:01 security by way 
oft ............................................................... in respect of any; liability or expense that may 
be incurred by the Comptroller and its agents as a result of seizure under section 71n of 
the Trade Ma'r~ .Act, Chap. 81:01 of any goods to which this notice relates. 
Date ........................................................ . Signaturet ...................................................... .. 
-If a natural person, insert the person's full name. If a legal entity, insert the legal 
entity's full official designation. 
tlnsert form in which security is given. 
tU the notice is given by a legal entity. insert also the name and status of the 
signatory to the legal entity. FORM BM -No. 2 THE TRADE MARKS AGr 
(Section 71A) 
REVOCATION OF NOTICE OF OBJECTION TO IMPORTATION 
To: the Comptroller of Customs and Excise: 
RE: Notified trade markCs) ........................................................................................................ .. 
Pursuant to notice dated ........................................................................................................... . 
If\Ve· ........................................................................................................................................... . 
of ................................................................................................................................................... . 
being the registered owner/registered user named in the above notice hereby revokes the 
said notice in relation to the above mentioned trade markCs) . 
Date ...................................................... .. . Signaturet ....................................................... . 
+If a natural person, insert the person's full name. If a legal entity, insert the legal 
entity's full official designation. 
tIf the notice is given by a legal entity, insert also the name and status of the 
signatory to the legal entity. IP/NIlITTO/TIl 
Page 219 IP/NIlITTO/TIl 
Page 220 
FORM BM-No. 3 
No ....................................... .. 
Date .................................... .. THE TRADE ?-.1ARKS AGr 
[Section 71c(a)] 
NOTICE OF SEIZURE OF INFRINGING GOODS 
To: ............................................................................................................................................ .. 
of ............................... : ................................................................................................................ . 
(designalBd owner) 
Notice is hereby given that the underr:::lentioned goods have been seized under 
section 7lB cir the Trade Marks Act, Chap. 81:01. 
The Comptroller of Customs and Exciso FORM BM-No. 4 
No .......................................... . 
Date ....................................... . THE TRADE MARKS ACf 
{Section. 71c(b)] 
NOTICE OF SEIZURE OF INFRINGING GOODS IP/N/lITTO/TIl 
Page 221 
To: .................................................................................................................................... : .. , ...... . 
(objecUJr) 
Notice is hereby g1ven that the undermentioned gooch have been seized under sedan 7lu 
of the Trade Marks Act, Chap. 81:01 
The designated owner(s) of the goods is lare ........................................................................... . 
of. ................................................................................................................................................. . 
Take notice that the said goods will b€ released to the designated owner unless ycu or one 
of the objectors bring an action for infringemen~ of the notified trade mark and give notice 
under section 7lc(b) (iii) of the Trade Marks Act, Chap. 81:01 v';thin ten days of this 
notice or if the period of notice has bcBn exte:Jded under Section 7lF, the e:dende-::: period. 
The Comptroller of Customs and Excise IPINIlITTO/TI1 
Page 222 
FORM BM-No. 5 THE TRADE 1IARKS ArJr 
[SectiOll 71 D(l)} 
NOTICE OF CONSENT TO GOODS BEING FORFEITED TO THE STATE 
To: the Comptroller of Customs and Excise: 
'INle· ......................................................................................................................................... .. 
of ........................................................................................................................................ being 
the designated owner(s) of goods seized pursuant to notice of the Comptroller of Customs 
nnd Excise numoor ..................................................... da.ted .................................................... . 
hereby consent to the good.B mentioned in the above notice to be forfeited iD the State. 
Date ...................................................... .. Signaturet ...................................................... . 
*If a natural person, insert the person's full name. If a legal entity, inse:-t the legal 
entity's full official designation. 
tIf the notice is given by a legal entity, insert also the name and s~atus of the 
signatory to the legal entity. FORM BM-No. 6 THE TRADE 1lI\RKS AGr 
(Section 71F(1)) 
NOTICE OF AGrION FOR INFRINGEMENT OF NOTIFIED TRADE :M.ARK 
To: the Comptroller of Customs and Excise: IP/N/lITTO/TIl 
Page 223 
RE: Notified trade mark ........................................................................................................... . 
Pursuant to notice dated ........................................................................................................... . 
I/Wo' 
......................... ~ ............... , .................................................................................................. . 
of ............................................ u ... -..................................................................................... being 
the objector(s) in relation to goods seized pursuant to notice of the Comptroller of Customs 
and Excise number ................................................. dated ........................... , ........................... .. 
hereby givo notice that action No .......................................................... has been co=enced 
on ............................................. int ....................................................................................... with 
respect to the infringement of the notified trade mark. 
Date ...................................................... .. Signature.:j: ...................................................... . IP/N/l/TTO/T/l 
Page 224 
THE TRADE MARKS ACT 
(Section 71E) 
FoR.\! BM-No. 7 
NOTICE OF CONSENT TO THE GOODS BEING RELE.<\sED TO 
THE DESIGNATED o\VNER 
To: the Comptroller of Customs and Excise: 
II\Ve+ .......................................................................................................................................... .. 
of ................................................................................................................................................. . 
~ing the objector(s) in relation to goods seized pursuant to notice of the Comptroller of 
Customs and Excise number ......................................... dated .................................................. . 
hereby consent to the goods mentioned in the above notice/the goods listed hereunded to 
be released to the designated owner. 
Date ...................................................... .. Signature:!: ..................................................... .. 
'If a natural person, insert the P'!rson's full name. If a Jegal entity i:1.sert the Jegal 
entity's full official designation. 
tU this 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. 
:f:lf the notice is given by a legal entity, insert alBo the name and status of the 
signatory to the legal entity. IPINllITTO/TIl 
Page 225 
THE TRADE MARKS Am 
[Seclion 7lF(1)J 
FOnM BM-No. 8 
APPLICATION FOR EXTENSION OF TIME IN WHICH TO BRING ACTION 
To: the Comptroller of Customs and Excise: 
RE: Notified trade mark ........................................................................................................... . 
Pursuant to notice of objection to importation dated ............................................................. .. 
JJ1,Ve· ......................................................................... _ ............................................................... .. 
of ................................................................................................................................................ .. 
being the objector(s) in relation to goods seized pursuant to notice of the Comptro.ller of 
Customs and Excise number ................................................ date ............................................ . 
hereby request an extension of time for a period of ....................................... days in which 
to bring that action with respect to t.he infringement of the notified trade mark. The 
reason for this request is as stated hereunder: 
Date ....................................................... . ignatul1!t .................................................... .. 
·If a natural person, insert the person's full name. If a legal entity, insert the legal 
entity's full official designation. 
tlf the notice is given by a legal entity, insert also the name and status of the 
signatory to the legal entity." 
Dated this 11th day of September, 1997. 
K PERSAD-BISSESSAR 
Minister of Legal Affairs 