Table of Contents
Patents of Invention
Legal Basis
– Patents Act (Cap. 18.25) of 2002, and Regulations.
Membership in International Conventions
– Paris Convention.
– Patent Cooperation Treaty (PCT).
Filing Requirements
– Notarized authorization of agent / power of attorney;
– Affidavit in support of application;
– Assignment (if applicable), duly notarized;
– Complete specification.
Remarks
National Phase of PCT: under Chapter I: 30 months; under Chapter II: 30 months.
Validity: patent issued after formal examination – valid for 20 years.
Annuities: are to be paid each year starting one year after the filing date.
Opposition: any person may at any time from the date of the advertisement of the acceptance of a patent give notice to the Registrar of opposition.
Trade and Service Marks
Legal Basis
– Marks, Collective Marks and Trade Names Act No. 10 of 2000, in force since July 28, 2000, as amended.
Membership in International Conventions
– Paris Convention.
Filing Requirements
– Formal Letter of Request that the mark be registered, requested from the local agent and addressed to the Registrar of Intellectual Property;
– Certified authorization of agent form or power of attorney, which must state the name and address of the owner of the mark and agent; if the Notary’s certificate is in a foreign language, a signed and dated translation into English must accompany the form;
– A Statement A form, which must include the name and address of the owner of the mark, classes and description of goods or services to be protected;
– An original notarized Declaration, required for any new application, which must include the applicant’s name and address, be sworn on behalf of the entity save and except if applicant is an individual (address the validity of the content of the Statement A);
– 10 representations of the mark (that can clearly identify it and show all its features), size 3 x 3 cm; not required for word marks;
– Certified priority document(s) (for priority filings).
Remarks
Duration – renewals: 10 years from the filing date; renewable for further periods of 10 years.
Opposition: possible, by any third parties who wish to oppose the registration of the mark, within three months from the date of advertisement in the Official Gazette.
Industrial Designs
Legal Basis
– There is at present no specific legislation in force with respect to designs.
Membership in International Conventions
– Paris Convention.
– Hague Agreement, Geneva Act, since October 8, 2024.
Remarks
Industrial designs are not registrable as such. The protection accorded by a U.K. design registration automatically extends to the territory of St. Kitts and Nevis.
It must be noted that, pending local legislation, industrial designs are often filed as regular trademarks and must be registered as new marks under the current legislation of St. Kitts and Nevis. There may also be scope for an industrial design to be protected under copyright as an artistic work.
Domain Names
Filing
ccTLD: .kn
Applicant: individuals and legal entities.
Local presence: not required.
Remarks
Duration – renewals: one to three years, renewable.
Uniform dispute resolution procedure: none.