St Vincent and The Grenadines Agritourism Policy Setting Workshop 2019 Policy setting for improved linkages between agriculture, trade and tourism: Strengthening the local Agrifood sector and promoting healthy food in Agritourism Workshop organised by the Government of St Vincent and the Grenadines In collaboration with CABA, CTA, IICA, CTO, CHTA, CDB, OECS Beachcombers Hotel, 19-20 March 2019

1. INTELLECTUAL PROPERTY - PRODUCT BRANDING – REGISTRATION OF TMS
AND GIS - LEGAL REQUIREMENTS FOR PRODUCT BRANDING
HOW CAN I BRAND MY PRODUCT ?
 Registration of a trade mark?
 Registration of a GI?
REGISTRATION OF TRADE MARKS
 The application can be made by the person who claims to be the owner of the
trademark. Statutory protection is for a period of 10 years.
 A trade mark is a sign which distinguishes the goods or services of one
enterprise from those other enterprises.
 A trade mark may include a letter, word, name, signature, numeral, device,
brand, heading, label, ticket, aspect of packaging, shape, colour or sound or any
combination thereof.
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2. INTELLECTUAL PROPERTY - PRODUCT BRANDING – REGISTRATION OF TMS AND GIS
- LEGAL REQUIREMENTS FOR PRODUCT BRANDING
 What is the function of a trademark?
 A trade mark serves to gain market recognition for a particular product or
service. As marketing tools, trade marks:
 enhance a consumers’ ability to differentiate between competing products and
services.
 brand a product or service from a particular source as one of special quality or
reputation.
 Foster customer loyalty and create goodwill that encourages repeat business.
 facilitate growth and expansion through franchising.
 adds value to a business.
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3. INTELLECTUAL PROPERTY - PRODUCT BRANDING – REGISTRATION OF TMS
AND GIS - LEGAL REQUIREMENTS FOR PRODUCT BRANDING
 Will I need an Attorney-at-law?
 Yes. Because professional know-how is particularly valuable in preparing and if
necessary, defending an opposed trade mark application,
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4. INTELLECTUAL PROPERTY - PRODUCT BRANDING – REGISTRATION OF TMS
AND GIS - LEGAL REQUIREMENTS FOR PRODUCT BRANDING
 How much does trade mark protection cost?
 The government fees payable on a successful application to register a word
mark in relation to one class of goods, in circumstances where there is no
opposition, would be a minimum of $335.00 .
 The cost of trade mark protection however varies according to:
o the number of classes of goods or services on which the mark is to be used;
o the type of mark - whether a word only, a logo or a word and symbol combined;
o Whether there is a need to defend the application in the event of opposition by a
third party.
 Fees will also be payable to an Attorney-at-law for professional services.
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5. INTELLECTUAL PROPERTY - PRODUCT BRANDING – REGISTRATION OF TMS AND GIS
- LEGAL REQUIREMENTS FOR PRODUCT BRANDING
In order to qualify for protection, a trade mark:
 must be capable of being graphically represented.
 must be distinctive and therefore capable of distinguishing the goods and
services of the applicant for the trade mark from those of another.
 must not be such as would deceive or cause confusion among consumers;
 must not be scandalous in nature or its use contrary to law;
 must not be the same as or similar to a registered trade mark;
 must not consists of or contain a sign that is prescribed not to be used as a trade
mark.
 Each mark is examined to determine whether it conforms to the above
mentioned requirements and all other requirements of the Act.
 Every effort should be made to ensure the uniqueness of your trade mark as
similarity to a registered mark may result in the refusal of registration
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6. EXAMPLES OF LOCAL REGISTERED TRADEMARKS
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7. BRIEF OVERVIEW OF THE VARIOUS IP RIGHTS AND LEGAL FRAMEWORK
FOR ENFORCEMENT – GEOGRAPHICAL INDICATIONS
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What is a Geographical Indication?
 A geographical indication is a sign used on goods that have a specific
geographical origin and which possess certain qualities or a reputation,
due to the place of origin.
 Protection is offered for any natural or agricultural product or any
product of handicraft or industry.
 Since the qualities depend on the geographical place of production,
there is a clear link between the product and its original place of
production.

8. BRIEF OVERVIEW OF THE VARIOUS IP RIGHTS AND LEGAL FRAMEWORK
FOR ENFORCEMENT – GEOGRAPHICAL INDICATIONS
What is the function of a Geographical Indication (GI)?
 A GI serves to gain market recognition for a particular product or
service.
 As marketing tools, the use of a GI may act as a certification that the
product possesses certain qualities, is made according to traditional
methods, or enjoys a certain reputation, due to its geographical origin.
 GIs enable consumers to distinguish between products with
geographical origin-based characteristics and others without those
characteristics.
 Geographical indications can thus be a key element in developing
brands for quality-bound-to-origin products.
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9. BRIEF OVERVIEW OF THE VARIOUS IP RIGHTS AND LEGAL FRAMEWORK
FOR ENFORCEMENT – GEOGRAPHICAL INDICATIONS
Who can make an application for registration of a GI?
 Persons carrying on an activity as a producer in the geographical area
specified in the application, with respect to the goods specified in the
application, as well as groups of such persons,
 Groups of consumers,
 Any marketing organisation incorporated under the Companies Act or
established under any other enactment; and
 Any competent authority.
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10. BRIEF OVERVIEW OF THE VARIOUS IP RIGHTS AND LEGAL FRAMEWORK
FOR ENFORCEMENT – GEOGRAPHICAL INDICATIONS
How long does statutory protection last?
Registration for a GI is not subject to a specific period of validity.
Hence, protection for a registered GI will remain valid unless the
registration is cancelled.
Who can use the GI?
Only producers carrying on their activity in the geographical area
specified in the register shall have the right to use a registered GI in the
course of trade, with respect to products specified in the Register.
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11. THANK YOU !!!
Methodist Building, Granby Street
Kingstown
St. Vincent
Tel: 784.456.1516
784.451.2894
Fax: 784.457.1397
Email: ciposvg@vincysurf.com
Website: www.cipo.gov.vc
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