The Antigua and Barbuda Trade Marks Act 2003 originally effective as of October 1, 2006 and, by amendment, now has an effective date of March 1, 2007. The Act provides for local registrations with effect from date of application. Both trade and service marks can be registered and international priority is available. Antigua is a party to the Madrid Protocol. Previous legislation was repealed and registration based on a UK registration is no longer provided for nor possible. Current local and UK-based registrations will continue under the Act for their unexpired terms or 10 years from March 1, 2007. Trademarks registered before March 1, 2007 were allowed a 14-year validity period, Therefore, any trademarks registered before March 1, 2007 are due for renewal on March 1, 2017. Trademarks filed after March 1, 2007 have 10-year renewal periods. No local use or intent to use is necessary prior to application but failure to use a mark within a period of three years following the date of registration will subject the mark to an action for cancellation. Antigua is the largest of the English-speaking Leeward Islands.
The Authorisation of Agent form needs to be signed by an officer of the company under item 5, where the name and title of the signatory must also be entered. In addition the proprietor’s seal needs to be applied, if available, and the form must be notarized. No witnessing or legalization of this form is needed. If an Authorised Signatory/Attorney is signing the Authorisation form, we will also need an original or certified copy of the Power of Attorney form from the company appointing the Authorised Signatory/Attorney to sign on their behalf.
The Declaration of Use/Intent to Use form can only be signed by a Director or an Officer of the company/holder. The name and title of the signatory must also be entered before a Notary, with no additional formality. The Declaration of Use/Intent to Use form cannot be signed by an Authorised Signatory/Attorney.
History: Antigua is an independent state located in the Lesser Antilles in the Eastern Caribbean Sea with a majority of the population being from African descent. The official language of the country is English, but the most common language spoken is Antiguan and Barbudan Creole. Antigua was first named after the Church of Santa Maria de la Antigua in 1493 by Christopher Columbus but is referred to as Waladi by the locals.
Antigua’s economy is reliant on tourism; however, it has a “citizenship by investment program” that allows an individual to become a citizen of Antigua and Barbuda by investing a significant amount of money into the country. The money obtained through this citizenship program is funneled back into the country’s economy. Being that Antigua has a Common Law system, investor protection is facilitated through thoroughly enforced contracts between investors and other parties. Antigua is also widely known as a perfect luxury Caribbean escape. It attracts thousands of tourists each year for events such as Antigua Sailing Week, held in St. Johns, the capital and largest city of Antigua, for a week of competitive sailing races.