A new trademark act in Dominica came into force on February 1, 2009. The “Marks, Collective Marks and Trade Names Act of 1999” will be abolished the dual system of local applications, and those based on existing UK marks. The deadline for UK marks can be registered in Dominica will expire on February 2010.

The transition of this new act explained that for any person who is the owner of a trademark registered, or applied for, in the United Kingdom may, within 12 months of the entry into force of the new Act, file an application for registration of the same trademark under the new Act. However, existing registrations could remain and be renewed under the provisions of the new Act.

• The new Act reduces period from 14 years to 10 years.
• All trademark registration that were filed under the old Act (prior to February 1, 2009) but published and/or registered on or after February 1, 2009 are considered to have been granted under the new Act and will be granted for an initial validity period of 10 years.
• It is now possible to claim Paris Convention priority.
• The International Classification of Goods and Services (9th Edition) has been adopted. The filing of multi-class applications is permitted.
• A collective mark may not be the subject of a License Agreement.
• Existing national registrations must be re-classified upon renewal.
• If the mark was not used for any continuous period of three years it vulnerable to cancellation on the grounds of non-use
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• Collective marks can be registered. A copy of the regulations governing the use of the collective mark must accompany the application.
• License Agreement must provide for quality control, by the licensor, of the quality of the goods or services. Where a license agreement does not provide for such quality control, or if quality control is not effectively carried out, the license agreement will be considered invalid.