fscmontserrat.org Trade Marks Registration Montserrat : Financial Services Commission

Organization : Financial Services Commission
Type of Facility : Trade Marks Registration
Country: Montserrat

Website : http://www.fscmontserrat.org/legislations/
Trade Marks Act: https://www.statusin.org/uploads/8361-Trade-Marks-Act.pdf

Trade Marks Registration :

Application for registration:
(1) An application for registration of a trade mark shall be made to the Registrar.

Related : Financial Services Commission Montserrat Patent Application : www.statusin.org/8366.html

(2) The application shall contain:
(a) a request for registration of the trade mark;
(b) the name and address of the applicant;
(c) a statement of the goods or services in relation to which it is sought to register the trade mark; and
(d) a representation of the trade mark.
(3) The application shall state that the trade mark is being used by the applicant, or, with his consent, in relation to those goods or services, or that he has a bona fide intention that it should be so used.
(4) The application shall be subject to the payment of the application fee and such class fees as may be appropriate.

Date of filing:
(1) The date of filing of an application for registration of a trade mark is the date on which documents containing everything required by section 3(2), and, in the case of collective marks or certification marks everything additionally required by sections 39 and 48 is furnished to the Registrar by the applicant.
(2) If the documents are furnished on different days, the date of filing is the last of those days.
(3) References in this Act to the date of application for registration are to the date of filing of the application.

Classifications of trade marks
(1) Goods and services shall be classified for the purposes of the registration of trade marks according to a prescribed system of classification.
(2) Any question arising as to the class within which any goods or services fall shall be determined by the Registrar, whose decision shall be final.

Examination of application:
(1) The Registrar shall examine whether an application for registration of a trade mark satisfies the requirements of this Act, and, if it appears to the Registrar that the requirements are not met, he shall inform the applicant and give him an opportunity, within such period as the Registrar may specify, to make representations or to amend the application.
(2) If the applicant fails to satisfy the Registrar that those requirements are met, or to amend the application so as to meet them, or fails to respond before the end of the specified period, the Registrar shall refuse to accept the application.
(3) If it appears to the Registrar that the requirements for registration are met, he shall accept the application.

Registration Procedure:
Publication, opposition proceedings and observations:
(1) When an application for registration has been accepted, the Registrar shall cause the application to be published in the prescribed manner.
(2) Any person may, within the prescribed time from the date of the publication of the application, give notice in writing to the Registrar of opposition to the registration, stating the grounds of opposition.
(3) Where an application has been published, any person may, at any time before the registration of the trade mark, make observations in writing to the Registrar as to whether the trade mark should be registered; and the Registrar shall inform the applicant of any such observations.

Withdrawal, restriction or amendment of application:
(1) The applicant may at any time withdraw his application or restrict the goods or services covered by the application.
(2) If the application for registration was published, the withdrawal or restriction shall also be published.
(3) In other respects, an application may be amended, at the request of the applicant, only by correcting—
(a) the name or address of the applicant;
(b) errors of wording or of copying; or
(c) obvious mistakes, and then only where the correction does not substantially affect the identity of the trade mark or extend the goods or service covered by the application.
(4) Provision shall be made by rules for the publication of any amendment which affects the representation of the trade mark, or the goods or services covered by the application, and the making of objections by any person claiming to be affected by it.