MONTSERRAT

Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.

trade mark information

Types of Trade Mark

Classification

International, Nice Classification;
Multi-class;
Goods and services can be registered.

International Arrangements

Convention priority cannot be claimed.

Renewal

10 years from the effective filing date, and every 10 years thereafter;
There is a 3 month grace period for re-registration trade marks;
There is a 6 month grace period for substantive (local) trade marks, with late fine.

Use Provisions

Non-use of a trade mark for a period of 5 years from registration renders it vulnerable to an action for cancellation by third parties.

Patent information

Types of Patent

Substantive without priority claims;
Re-registration of UK/EP(UK) patents.

International Arrangements

Convention priority cannot be claimed.

Duration

Substantive (local) patents are valid for a period of 14 years from the filing date;
Re-registration patents expire upon the expiry of the corresponding EP(UK) parent patent.

Renewal

Renewals are not payable in respect of re-registered EP(UK) parents;
Renewals are due for payment in respect of substantive (local) patents annually, from the 4th anniversary of the local filing date;
There is a 6 month grace period.

design information

UK design registrations extend automatically to cover Montserrat.

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