TM Regulation in Saint Lucia

Registration of a TM on the Island of Saint Lucia requires compliance with the Designs, Patents & TMs Act. TMs must also be registered with  the Companies Register & ROCIP. Those seeking to register a combined TM on the Island of Saint Lucia should keep in mind that the exclusive right to a TM is limited to its method of registration & configuration.

Saint Lucia has ratified the following TM agreements:

• TRIPS;
• Convention of Paris;
• Marrakesh Treaty;
• Vienna Treaty.
• Nice Treaty.

The sole official body responsible for oversight & enforcement of the TM Act is the Ministry of Internal Affairs.

Classification System

Those considering registering a TM on the Island of Saint Lucia can do it according to the classification provided for in the Nice Treaty.

Markings

There’s no specific set of symbols or words meant to designate that a TM is used or registered. On the other hand, using symbols provides TM owners with an additional layer of protection; that way potential violators are notified of the registration process being underway or a TM being registered.

IPR

TMs, including 2D & 3D ones, can be eligible for TM protection on the Island of Saint Lucia if they meet the requirements for uniqueness stipulated in the Law on Industrial Designs. TMs considered “works” pursuant to the Copyright Law can be eligible for copyright protection on the Island of Saint Lucia.

Saint Lucia: Registering a Domain Name & Online TM

Saint Lucia's TM Act doesn’t explicitly provide for exclusive protection for domain names & online TMs on the Island of Saint Lucia. 

Saint Lucia: Licensing of TMs

Any person interested in obtaining ownership of a TM on the Island of Saint Lucia must submit a corresponding claim to a relevantly authorized registrator. Saint Lucia’s legislation doesn’t require registrators to notify 3rd parties of any registered claims with regard to a TM. Because there’s no specific mention of licenses in Saint Lucia’s legislation, there’s no obligation to register a license or security interest in TMs.

TM Protection in Saint Lucia

Pursuant to the TM Law, registered TM owners can demand confiscation of goods imported in Saint Lucia if the latter violate the rights of TMs registered in Saint Lucia. There’s no specialized TM courts or tribunals on the island of Saint Lucia; therefore, initiating litigation for protection of TM rights on the island of Saint Lucia is possible in criminal or civil courts.

Filing Appeals

Decisions or orders of lower courts with regard to TMs may be appealed with the Supreme Court of Justice. It’s also possible to request that the Appellate Court set aside a decision rendered by the Supreme Court’s adjudicator.

Saint Lucia: ADR

Those seeking to resolve a TM violation dispute on the Island of Saint Lucia may resort to mediation & arbitration. Normally, local courts urge parties to settle disputes by mediation on the Island of Saint Lucia; however, parties need to give their explicit consent to that.

Benefits of mediation in Saint Lucia include:

• less costly & time-consuming procedure;
• informal environment;
• parties get to meet with each other & discuss different ways of settling a dispute by mediation in Saint Lucia.

The risk of using ADR methods in Saint Lucia is that if parties fail to reach an agreement, a dispute must be brought to court.