Country: Antigua



Primary Contacts
Trade Mark Registration and Recordals	Brenda Houghton
Trade Mark Renewals	Julie Ryan
Patent Registration and Recordals	Sean Paffard
Patent Annuities	Sara Lloyd
Contentious Matters (Oppositions, Infringement Actions, etc.)
Trade Marks	Martin Chinnery
Patents	Louise Audhlam-Gardiner

Trade Mark Information
Can services be registered ?	Data is being populated - please direct queries to Lysaght & Co. at this time
Single/Multi-Class Jurisdiction	Data is being populated - please direct queries to Lysaght & Co. at this time
Is the International Classification followed ?	Data is being populated - please direct queries to Lysaght & Co. at this time
Can Convention priority be claimed	Data is being populated - please direct queries to Lysaght & Co. at this time
Documentation required to file	Data is being populated - please direct queries to Lysaght & Co. at this time
Opposition period after publication	Data is being populated - please direct queries to Lysaght & Co. at this time
Renewal due	Data is being populated - please direct queries to Lysaght & Co. at this time
Grace Period	Data is being populated - please direct queries to Lysaght & Co. at this time
Documents required to renew	Data is being populated - please direct queries to Lysaght & Co. at this time
Proof of use due	Data is being populated - please direct queries to Lysaght & Co. at this time
Documents required to file proof of use	Data is being populated - please direct queries to Lysaght & Co. at this time
Can be struck off for non-use	Data is being populated - please direct queries to Lysaght & Co. at this time
Patent Information
Member of PCT	Yes
Can Convention priority be claimed	No
Deadline for filing priority document	N/A
Does the priority document have to be translated ?	N/A
Required Documents	Substantive Application Notarised Power of Attorney; Declaration signed by applicant before Notary Public; Specification in duplicate in English; Formal drawings, if applicable, in duplicate. PCT Application Notarised Power of Attorney; Notarised copy of Deed of Assignment (if PCT applicant different form applicant in Antigua); WO Publication with International Search Report; International Preliminary Examination Report (Form PCT/IPEA/409), with annexes if any.
Duration	Data is being populated - please direct queries to Lysaght & Co. at this time
Annuities	Data is being populated - please direct queries to Lysaght & Co. at this time

News Articles: Antigua

Antigua - New Patents Act

We have been advised that a new Patents Act has recently come into force in Antigua, which repeals the previous Patents Act and Registration of United Kingdom Patents Act, and which introduces a requirement of absolute novelty. Whilst we have received a copy of and reviewed the new law, it is unclear as to whether it is actually deemed to be in force yet, and the implementing regulations have not yet been finalized. Furthermore, the Patent Registry has been refusing to accept new applications until such time as the provisions of the new law and regulations have been clarified. The fees payable and documents required for filing new patent applications in Antigua are also not clear, but we do understand that it will no longer be possible to base applications on UK registrations.

Other provisions of the new law include:-

Applications may be filed with priority claims;

Third parties may apply to the court to invalidate a patent, based on the grounds that, inter alia, the invention relates to excluded subject matter, lacks novelty, inventive step and/or industrial applicability, or the description is not sufficiently clear and complete.

The term of a patent is twenty years counted from the filing date of the application for grant. Annual renewal fees are payable on the first and each subsequent anniversary of the filing date. A six-month grace period is allowed for the payment of renewal fees.

Provisions for the filing and processing of PCT applications have been introduced.

Further details will be posted on this website as and when they are received.

1st June 2007

Antigua - New Trade Marks Act 2003 and Regulations

The Trade Marks Act 2003 entered into force in Antigua in April 2007.

The new Act abolishes the dual system of local applications, and applications based on existing UK marks. It is no longer possible to base an application in Antigua on a UK registration; however, the new Act adopts the International Classification, and allows for the registration of service marks. Whilst the new law and regulations do not specifically state so, it is believed that the Ninth Edition of the Nice Classification will be operative.

Other provisions of the new law include:-

Applications may be filed with priority claims;
Applications will be published for opposition, the opposition term being three months;
Cancellation of registrations for non-use will be possible, the relevant period being three years;
The law makes provision for the registration of collective marks;
Licences maybe recorded for the first time. In order to be valid, the licence must provide for effective quality control of the goods/services by the licensor.
The term of a registration will be ten years, counted from the application date. A six-month grace period is allowed for the payment of renewal fees.
The law makes provision for the implementation of the Madrid Protocol in Antigua. However, the corresponding regulations governing the processing of International Registrations have yet to issue.

22nd May 2007

Antigua - New Trade Marks Act and Regulations

We have been advised that a new Trade Marks Act came into force in Antigua on 9 April 2007. Whilst details of the new law have yet to be received, we understand that it will no longer be possible to base applications on UK registrations, but substantive applications will follow the international classification and furthermore, it will be possible to register service marks.

This is the only information we have available at the moment, but further details will be posted on this website as and when they are received.