Protecting your business – Trademarks (By Contributor Candace Polius)

(By Contributor Candace Polius) In the minds of most people the phrase “protecting your business”  looks something like purchasing insurance, safes, security related equipment and installing closed circuit televisions.

Whilst these are necessary for the efficient functioning of a business to protect the  tangible assets; the intangible assets of a business are often left without protection.  These intangible assets are the intellectual property of the business.

A business’ trademarks would fall under this classification.  Protection of a trademark is afforded to  a business owner through the registration of that trademark.  The act of registration offers protection to a business owner from having his trademark be used without  permission.

The registration of trademarks in Saint Lucia is governed by the Trademark Act Cap 13.30 of the Revised Laws of Saint Lucia which states:

“A trade mark means a sign used, or intended to be used, to distinguish goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person”

Trademarks as it relates to a business covers names, words, logos, signage, shapes, symbols, labels and the like. The mark must meet the basic requirements stipulated under the Act in order for it to be registered. In addition, trademark registration is territorial, which means that if a business operates regionally or internationally, to be fully protected, it is wise and necessary to register the trademark in each jurisdiction or country.

In Saint Lucia, the process of trademark registration is a streamlined process, which usually takes a period of approximately four (4) months from start to finish.

Stay tuned until next time!

The contents of this article are intended to convey general information only and not to provide legal advice or opinions. The contents of this article, and the posting and viewing of the information, should not be viewed as, and should not be relied upon for, legal advice or opinion in any particular circumstance or situation.You should take no action in reliance on the information contained in this article and we disclaim all liability in respect to any and all actions taken or not taken based on any or all of the contents of this article to the fullest extent permitted by law.  An Attorney should be contacted for advice on specific legal issues.

Candace Polius is an Attorney at Law who practises civil and business law. She is passionate about law and business and enjoys writing articles on both of these fields. Over her 17 years of civil practice she has found a wonderful balance between her passions.

1 Comment

  1. External Article - Protecting your business – Trademarks (By Contributor Candace Polius) - Trademark Ireland - Intellectual Property Ireland
    April 1, 2018 at 11:25 am

    […] Protecting your business – Trademarks (By Contributor Candace Polius) […]