Trade mark rights are governed by the Trade Marks Act and Trade Marks Regulations, Cap 13.30 of the Revised Laws of Saint Lucia.

In addition to the standard trade mark for goods or services or both goods and services, Saint Lucia also considers the registration of collective marks, certification marks, defensive marks and geographic indicators. No clear distinction is made in respect of service marks as they are considered trade marks associated with services and are registered in the same manner as trade marks for goods.

Unlike a standard trade mark, a collective trade mark may not be assigned or transmitted.

In addition to the requirements for the registration of a standard trade mark, an application for the registration of a certification mark must be accompanied by a copy of the rules governing the use of the certification mark. Additionally, the mark may not be assigned without the consent of the Registrar.

An application for the registration of a defensive mark must be accompanied by evidence in support.

Geographical indicators are governed by the Geographical Indications Act, Cap 13.14 of the Revised Laws of Saint Lucia.

The following shall not be registered as trade marks:

• the words "Patent", "Patented", "By Royal Letters Patent", "Registered", "Registered Design", "Copyright" "Plant Breeder’s Rights", or words or symbols to the same effect;
• the words "To counterfeit this is a forgery", or words to the same effect;
• a representation of the Coat of Arms, or the flag or seal, of Saint Lucia;
• a representation of the logo or emblem of a public authority or public institution in Saint Lucia, except where registered by the public authority or public institution to which it relates;
• a representation of a mark notified by the International Union for the Protection of Industrial Property as not entitled to registration under international arrangements;
• words, letters or devices likely to lead persons to think that the applicant has or recently has had Royal patronage or authorisation; and
• a representation of the Royal Crown.

If a famous trade mark is not used or registered in Saint Lucia, the owner may, nonetheless, be able to pursue an infringement action under the common law tort of passing off. The owner will need to prove that the famous trade mark is known to the Saint Lucia public and that there was an intention to deceive or confuse and that they have suffered damage as a result of the deception or confusion.

A registered trade mark is protected for a period of ten years from the filing date of the application for its registration.

This is not applicable in Saint Lucia.

Markings are not mandatory in Saint Lucia and the Trade Marks Act does not prescribe words or symbols to be used to indicate trade mark use or signify registration.

The assignor or assignee must provide written evidence of the assignment in support of the application for assignment.

Saint Lucia’s legislation does not expressly provide for the licensing of trade marks; however, licences would be considered as an interest in or a right, or both, in respect of a trade mark. Interests or rights in a trade mark may be voluntarily recorded at the ROCIP and, therefore, a licence may be recorded at the ROCIP by making a joint application by the licensor and licensee. A licence may be valid for the duration of the registration of the mark.

The assignment or licensing of a trade mark must be registered at the ROCIP as the assignee/licensee will only have rights against third parties once registered. If the assignment/licence is not recorded, the assignee/licensee will not be able to enforce their rights against third parties in relation to the trade mark.

Additionally, the rights of an assignee or licensee to enforce trade mark rights will be determined by the terms of the assignment or licence.

There are no requirements other than those outlined in 2.2 Licensing Requirements or Restrictions and 2.3 Registration or Recording of the Assignment.

An application for an assignment or licence of a trade mark may be made during the application process for the registration of the trade mark.

A registered trade mark is personal property and may be assigned or given as security. A right in respect of a registered trade mark is enforceable in the same way as rights in respect of any other personal property.

While a trade mark must be registered in order to be protected, unregistered trade mark rights may be afforded protection under common law.

In Saint Lucia, the Registry of Companies and Intellectual Property (ROCIP) is statutorily charged with the responsibility for administering the registration of trade marks and keeping the Register of Trade Marks, which is publicly available. There is only one standard trade mark register.

Searches at the ROCIP are more commonly conducted to ascertain the status of existing/previous trade marks. This notwithstanding, searches are also conducted prior to registration to ascertain whether there are any similar trade marks already registered and whether there is likely to be any opposition to the registration of the trade mark.

A registered trade mark is valued for a period of ten years as outlined in 1.5 Term of Protection. An application for renewal of the registration of a trade mark may be made at any time within the ten-year period. Where the registration of a trade mark lapses, the owner of the trade mark may still make an application for renewal within 12 months after its registration expires, failing which the Registrar will remove the trade mark from the register 12 months after its registration lapses.

See 3.3 Term of Registration.

To obtain registration of a trade mark, a formal application must be made to the ROCIP. The application must include:

• the full name and address of the applicant;
• an Authorisation of Agent, authorising an agent to act on the applicant’s behalf;
• the full name and address of the agent;
• an indication as to the type of trade mark protection sought, ie, trade mark, collective trade mark, certification trade mark or defensive trade mark;
• whether the applicant is using or intends to use the trade mark, has authorised or intends to authorise another person to use the trade mark or intends to assign the trade mark to a body corporate;
• a representation of the trade mark;
• whether the mark is a word mark;
• a description of the mark where the mark is not a word mark;
• the number of marks in the series where the application is for a series mark;
• whether the application claims priority and, if so, the details of the priority claimed along with a certified copy of the application of which priority is claimed;
• specification of the goods and services for which registration of the trade mark is sought based on the NICE classification and multi-class applications are allowed;
• if colour is claimed, an indication of the colours claimed;
• an indication of whether any limitations or disclaimers are claimed; and
• if the trade mark or any part thereof or any documents intended to be used in relation to the registration of the mark is not in English, a certified translation of the non-English documents or characters is required.

Applications may be multi-class.

Use is not required for the registration of a trade mark. An intention to use will suffice.

A person may make a single application for the registration of two or more trade marks in respect of similar goods or services within a single class if the trade marks resemble each other in material particulars and differ only in respect of:

• statements or representations as to the goods or services in relation to which the trade marks are used or are intended to be used;
• statements or representations as to number, price, quality or names of places;
• the colour of any part of the trade mark; and/or
• any matter that is not inherently adapted to distinguish the goods or services and does not substantially affect the identity of the trade marks.

The trade mark office will consider the existence of prior rights in its examination of an application for registration. The trade mark office will consider similarities between the application and existing marks or applications. A prior owner of a trade mark may provide a letter of consent to permit registration where the Registrar has raised a query to a subsequent application.

Third parties are able to file an opposition to the registration of a trade mark. The registration of a trade mark may be opposed if:

• the applicant is not the owner of the trade mark;
• the applicant does not intend to use or authorise the use of the trade mark or to assign the trade mark to a body corporate;
• the opponent claims earlier use of a similar or identical trade mark;
• the trade mark is substantially identical or deceptively similar to a trade mark that has acquired a reputation in Saint Lucia and, because of the reputation of the other trade mark, the use of the first-mentioned trade mark would be likely to deceive or cause confusion;
• the trade mark consists of a false geographical indication;
• the application was amended contrary to the Trade Marks Act;
• the application contains certain signs prescribed by the Act not to be used as a trade mark or a sign so nearly resembling it as to be likely to be mistaken for it;
• the trade mark does not distinguish the applicant’s goods or services;
• the trade mark is scandalous or its use is contrary to law; or
• the trade mark is likely to deceive or cause confusion.

An application for registration of a trade mark may be withdrawn amended or corrected during the application process. Often times, amendments are required to overcome objections or queries raised by the Registrar.

A person who has made an application for the registration of a trade mark in respect of certain goods or services or both may make another application:

• for the registration of a part only of the trade mark in respect of any or all those goods or services or both;
• for the registration of the trade mark in respect of only some of the goods or services or both in respect of which registration is sought under the initial application; or
• if the initial application has been amended to exclude some of the goods and services or both in respect of which registration was sought in the first place or the registration of the trade mark in respect of any or all of the goods or services or both that have been excluded.

A divisional application may only be made if the initial application for the registration of the trade mark is pending.

The consequence of providing incorrect information to the Trade Mark Office is that the trade mark application or other filing may not be accepted by the Trade Mark Office or the Trade Mark Office may request an amendment of the application or filing.

An application for the registration of a trade mark may be rejected if:

• the trade mark contains or consists of a sign that is prescribed not to be used as a trade mark;
• the trade mark cannot be represented geographically;
• the trade mark is not capable of distinguishing the applicant’s goods or services from the goods or services of other persons;
• the trade mark is scandalous or its use is contrary to law;
• the trade mark is likely to deceive or cause confusion;
• the trade mark is substantially identical with or deceptively similar to a trade mark registered in respect of similar goods or closely related services; or
• a trade mark whose registration in respect of similar goods or closely related services is being sought by another person and the priority date for the registration of the applicant’s trade mark is not earlier than the priority date for the registration of the other trade mark in respect of the similar goods or closely related services.

Where the Registrar refuses registration of a trade mark on one of the absolute grounds, the burden of proof is on the applicant to provide evidence/arguments as to why registration of the trade mark should not be refused.

An applicant can appeal to the High Court from decisions of the Registrar. Where the High Court hears an appeal from the decision of the Registrar an appeal does not lie with the Court of Appeal except with that court’s leave.

The appeal will follow the normal course of civil litigation matters in the High Court or Court of Appeal and may take approximately one to two years.

Saint Lucia does not participate in the Madrid System.       

A third party may file a Notice of Opposition within three months from the date of publication of the mark in the Gazette. A potential opponent is able to request extensions of time, however, the potential opponent must satisfy the Registrar that it is reasonable to grant the requested extension.

The registration of a trade mark may be opposed if:

• the applicant is not the owner of the trade mark;
• the applicant does not intend to use or authorise the use of the trade mark or to assign the trade mark to a body corporate;
• the opponent claims earlier use of a similar or identical trade mark;
• the trade mark is substantially identical or deceptively similar to a trade mark that has acquired a reputation in Saint Lucia and because of the reputation of the other trade mark the use of the first-mentioned trade mark would be likely to deceive or cause confusion;
• the trade mark consists of a false geographical indication;
• the application was amended contrary to the Trade Marks Act;
• the application contains certain signs prescribed by the Act not to be used as a trade mark or a sign so nearly resembling it as to be likely to be mistaken for it;
• the trade mark does not distinguish the applicant’s goods or services;
• the trade mark is scandalous or its use is contrary to law; or
• the trade mark is likely to deceive or cause confusion.

A third party may file a notice of opposition to the registration of a trade mark within three months of the date of publication of its acceptance in the Gazette, unless an extension is granted by the Registrar.

While representation is not mandatory, it is highly recommended that the opponent seeks legal representation. The official fee for filing a notice of opposition and supporting evidence is approximately USD300 and an additional USD35 for the filing of the Authorisation of Agent. Professional fees vary and will depend on, amongst other things, the issues and complexity of the case and the experience or seniority of Counsel.

If the opponent intends to rely on evidence in support of the opposition, the opponent must serve a copy of the evidence in support on the applicant within three months from the day on which the notice of opposition is filed. Within two days after the opponent serves a copy of the evidence in support on the applicant, the opponent must file with the Registrar the original evidence and a statement setting out the date, place and manner of service of the copy of the evidence on the applicant. If the opponent does not intend to rely on evidence in support of the opposition, the opponent must, within three months from the day on which the notice of opposition is filed, serve on the applicant a copy of a notice stating that the opponent does not intend to rely on evidence in support of the opposition.

The opponent must file with the Registrar the original notice and a statement setting out the date, place and manner of service of the copy of the notice on the applicant as soon as practicable after serving the applicant. If the opponent does not file evidence in support or the notice or apply for an extension to do so, the opponent shall be deemed to have abandoned their opposition.

Applicant's Reliance on Evidence

If the applicant intends to rely on evidence in answer to the opposition, the applicant must serve a copy of the evidence in answer on the opponent within three months from the day on which the opponent serves him with the evidence in support or notice. The applicant must file with the Registrar the original evidence and a statement setting out the date, place and manner of service of the copy of the evidence on the opponent within two days of service. If the applicant does not intend to rely on evidence in answer to the opposition, the applicant must serve on the opponent, within the period for service of a copy of the evidence in answer, a copy of a notice stating that the applicant does not intend to rely on evidence in answer to the opposition.

Within two days after the applicant serves a copy of the notice on the opponent, the applicant must file with the Registrar the original notice and a statement setting out the date, place and manner of service of the copy of the notice on the opponent. If the applicant does not file evidence in answer to the notice or apply for an extension of time to do so, they shall be deemed to have abandoned his or her application.

Reply to the Opposition

If an opponent intends to rely on evidence in reply to the opposition, the opponent must serve a copy of the evidence in reply to the applicant within three months after the service on the opponent of a copy of the evidence in answer. Within two days after the opponent serves a copy of the evidence in reply on the applicant, the opponent must file with the Registrar the original evidence and a statement setting out the date, place and manner of service of the copy of the evidence on the applicant. If an opponent does not intend to rely on evidence in reply to the evidence in answer to the opposition, the opponent must serve on the applicant, within three months after the service on the opponent of a copy of the evidence in answer, a copy of a notice stating that the opponent does not intend to rely on evidence in reply to the evidence in answer to the opposition.

Within two days after the opponent serves a copy of the notice on the applicant, the opponent must file with the Registrar the original notice and a statement setting out the date, place and manner of service of the copy of the notice on the applicant. If the opponent does not file evidence in reply to the evidence in answer to the notice or apply for extension of time to do so, the evidence shall be deemed closed and opposition proceedings follow the normal course.

Completion of Evidence

Upon completion of the evidence, the applicant or opponent may ask the Registrar to hear the parties to the opposition proceedings, or the Registrar may, on their own initiative, give an opportunity to the parties to be heard. The Registrar must give notice to the parties of a date when he or she will hear arguments in the opposition proceedings which must be a date at least 14 days after the date of the notice unless the parties consent to a shorter notice.

Within seven days from the receipt of the notice any party who intends to appear must so notify the Registrar. The Registrar will then hear the proceedings and issue a ruling at the end of the proceedings.

An applicant can appeal to the High Court from decisions of the Registrar. Where the High Court hears an appeal from the decision of the Registrar an appeal does not lie with the Court of Appeal except with that court’s leave.

The appeal will follow the normal course of civil litigation matters in the High Court or Court of Appeal and may take approximately one to two years.

Cancellation actions before the High Court are prescribed within 30 years.

The acceptance of an application for registration of a trade mark may be revoked if, before a trade mark is registered, the Registrar is satisfied that the application was accepted because of an error or omission in the course of examination or that, in the special circumstances of the case, the trade mark should not be registered, or should be registered subject to conditions or limitations, or to additional or different conditions or limitations. If the Registrar revokes the acceptance of an application the application is taken to have never been accepted. The Registrar’s decision may be appealed to the High Court.

The registered owner may request the cancellation of a trade mark by making a request in writing to the Registrar.

Where a third party seeks the cancellation of a registered trade mark, an application must be made to the High Court. An application made to the High Court in challenge of a registered trade mark can be made if:

• the registration of the trade mark could have been opposed before the Registrar;
• an amendment of the application for the registration of the trade mark was obtained as a result of fraud, false suggestion or misrepresentation;
• because of the circumstances applying at the time the application was made to the High Court, the use of the trade mark is likely to deceive or cause confusion for a reason other than that the trade mark is likely to deceive or cause confusion or the trade mark is substantially identical with, or deceptively similar to, a trade mark registered in respect of similar goods or closely related services, or the trade mark is identical or deceptively similar to a trade mark that has acquired a reputation in Saint Lucia and because of the said reputation of the other trade mark the use of the first mentioned trade mark would be likely to deceive or cause confusion;
• the following circumstances apply:
1. the Registrar accepted the application for the registration of the trade mark because he or she was satisfied, having regard to the extent to which the trade mark was inherently adapted to distinguish the goods or services of the applicant for registration from the goods and services of any other person and the intended use of the trade mark, that the trade mark would distinguish those goods or services as being those of the applicant;
2. the application for rectification is made at least ten years after the filing date; or
3. in the intervening period, the trade mark has not been used to an extent sufficient for it to distinguish, in fact, the goods or services of the registered owner from the goods or services of any other person;
• the application is in respect of an entry in the Register and the entry was made, or has been previously amended, as a result of fraud, false suggestion or misrepresentation;
• a condition or limitation entered in the Register in relation to the trade mark has been contravened;
• the trade mark consists of, or contains, a sign that, after the date of registration, becomes generally accepted within the relevant trade as the sign that describes or is the name of an article, substance or service; and
• the trade mark consists of, or contains, a sign that describes or is the name of an article or substance that was formerly exploited under a patent or a service that was formerly provided as a patented process and it is at least two years since the patent has expired or ceased and the sign is the only commonly known way to describe or identify the article, substance or service.

Revocation actions are at the instance of the Registrar, however, an appeal lies with the High Court. Where a third party seeks the cancellation of a registered trade mark, an application must be made to the High Court.

The revocation of a trade mark is at the instance of the Registrar acting on his or her own volition. An application for the cancellation of a trade mark by the owner is made to the ROCIP. However, a third-party application for the cancellation of a trade mark is made to the High Court.

Partial revocations or cancellations are not permissible in our jurisdiction.

Amendments are not possible in revocation proceedings. Where an application is made to the court by an aggrieved person, the court may order that the trade mark be cancelled or amended on grounds which include the contravention of a condition or limitation which was entered in the Register, or the registered owner has lost the exclusive right to use the trade mark.

As revocation proceedings are dealt with by the Registrar and cancellation and infringement proceedings are dealt with by the High Court, all three proceedings are not heard together. However, a litigant may wish to combine cancellation and infringement proceedings in one claim before the High Court.

Although the Act makes no specific provision for the cancellation of a mark which was filed fraudulently, an aggrieved person can apply to the Registrar for the trade mark to be removed from the Register if: 

• on the day on which the application for registration of the trade mark was filed, the applicant for registration had no intention in good faith (i) to use the trade mark in Saint Lucia, (ii) to authorise the use of the trade mark in Saint Lucia, or (iii) to assign the trade mark to a body corporate for use by the body corporate in Saint Lucia in relation to the goods or services or both to which the application relates and the registered owner has not used the trade mark in Saint Lucia or has not used the trade mark in good faith in Saint Lucia in relation to those goods or services or both at any time before the period of one month ending on the day on which the application is filed; or
• the trade mark has remained registered for a continuous period of three years ending one month before the day on which the non-use application is filed, and, at no time during that period, the person who was then the registered owner (i) used the trade mark in Saint Lucia, or (ii) used the trade mark in good faith in Saint Lucia in relation to the goods or services or both to which the application relates.

The application for the removal must be in the form prescribed by the Trade Mark Regulations and must be accompanied by a declaration made by, or on behalf of, the applicant:

• stating that an inquiry into the use of the trade mark has been conducted, by, or on behalf of, the applicant; and
• setting out the findings of that inquiry that support either or both of the aforementioned grounds for the application.

Trade mark actions before the High Court must be brought within 30 years.

An action for an infringement of registered or unregistered trade marks may be brought in the High Court. There are no specialised courts or tribunals for trade mark matters in Saint Lucia.

In respect of registered marks, the Trade Marks Act additionally provides that the Comptroller of Customs may effect seizure and deal with goods that are imported into Saint Lucia if the importation infringes or appears to infringe the registered trade mark. The registered owner of a trade mark may give to the Comptroller a notice in the prescribed form objecting to the importation after the date of notice of goods that infringe the trade mark.

A registered owner of a trade mark has the exclusive right to obtain relief if the trade mark has been infringed. If a trade mark is registered in the name of two or more persons as joint owners of the trade mark, the rights granted to those persons are to be exercised by them as if they were the rights of a single person.

Subject to the terms of the governing licence agreement, an authorised user of a registered trade mark may also bring an action for infringement of the trade mark.

There are no specific rules for representative or class actions in trade mark proceedings. The rules of court in civil proceedings provide that on the application of an appropriate person, the court may appoint a body having a sufficient interest in the proceedings or one or more persons, to represent all or more or some of the persons with the same or similar interest.

There are no prerequisites to filing a claim. However, pre-action "cease-and-desist" letters are typically issued to alleged infringers as a matter of practice.

There are no special provisions for pleadings in trade mark proceedings, as opposed to non-intellectual property civil proceedings. The claimant is required to clearly set out all the relevant facts that give rise to the claim and to prove their case "on a balance of probabilities".

Pleadings may be supplemented by filing an amended statement of claim prior to case management or otherwise with leave of the court.

In addition to 7.3 Parties to an Action for Infringement, there is no mandatory requirement that the parties to trade mark litigation matters must be represented by a lawyer; however, as trade mark litigation matters are treated as any other civil proceedings in the High Court, it is highly recommended that the parties obtain legal representation.

A decision of the trade mark office on infringement actions may be appealed to the High Court.

If a person threatens to bring an action against another person on the grounds that the threatened person has infringed a registered trade mark or a trade mark alleged by the person to be registered, any person aggrieved by the threat may bring an action in the High Court against the person making the threat.

The alleged infringer may:

• obtain from the court a declaration that the defendant has no grounds for making the threat;
• obtain from the court an injunction restraining the defendant from continuing to make the threat; and/or
• recover any damages that they have sustained because of the defendant’s conduct.

Prior to the commencement of legal proceedings, an alleged infringer may apply to the court for the remedies outlined above. Where legal proceedings have commenced, the defendant may file a defence and any counterclaim, if applicable, to the claim brought against them.

The procedures and remedies in respect of counterfeit marks are contained in the Trade Marks Act and Trade Marks Regulations.

There are no special procedural provisions for trade mark proceedings before the court as they are conducted as any normal civil proceeding and are governed by the rules of court. Special procedural provisions apply to opposition proceedings which are heard before the Registrar.

In an action for infringement it is necessary to establish that the defendant has used, as a trade mark, a sign that is substantially identical with, or deceptively similar to, the registered trade mark in relation to goods or services in respect of which the trade mark is registered.

Where the alleged infringer has used a sign as a trade mark, the factors taken into consideration in assessing whether the trade mark has been infringed include:

• the degree of similarity between the trade mark and the sign used by the person;
• the degree of similarity between the goods and services associated with the registered trade mark and the sign;
• whether the trade mark is well-known in Saint Lucia; and
• the likelihood of confusion between the goods or services of the registered trade mark and the sign.

An action for the removal of a trade mark from the register may be made for non-use over a prolonged period.

The owner of a registered trade mark is able to exercise the remedies permitted by the Trade Marks Act.

Defences to a claim of infringement of a registered trade mark include:

• the defendant used a sign in good faith to indicate the kind, quality, quantity, intended purpose, value, geographical origin, or some other characteristic, of goods or services, or the time of production of goods or of the rendering of services;
• the defendant used the trade mark in good faith to indicate the intended purpose of goods or services;
• the defendant used the trade mark for the purposes of comparative advertising;
• the defendant exercised a right to use the trade mark given to them under the Trade Marks Act;
• the court is of the opinion that the defendant would obtain registration of the trade mark in their name if they were to apply for it;
• the defendant has applied to or used the trade mark in relation to the goods by, or with the consent of, the registered owner of the trade mark;
• the defendant can show that they, or their predecessor in title, has continuously used the trade mark in the course of trade in relation to those goods or services from a time before the registration of the trade mark or when the registered owner first used the trade mark; or
• an action against groundless threats.

Disclosure of documents is always pursuant to an order of the court. The judge typically orders standard disclosure at the case management stage of court proceedings. A party may also make an application to the court for specific disclosure.

Litigants are entitled to rely on expert evidence in infringement proceedings. However, the rules of court prescribe that permission must be obtained from the court by a litigant who wishes to call an expert witness. Additionally, an expert witness’ function is to assist the court and as such, although engaged by a litigant, the expert witness is considered the court’s witness.

Trade mark infringements are enforced either through civil or criminal proceedings. Under the Act, criminal offences are prosecuted by the Director of Public Prosecutions and would, in the first instance, be heard in the District Court. These decisions may be appealed to the High Court.

The cost of litigation is assessed pursuant to the Eastern Caribbean Supreme Court Civil Procedure Rules 2000. Part 65 of the Rules, as amended, deals with the ways in which costs are to be quantified and specifies a scale of fixed and prescribed costs and outlines percentages to be allowed at various stages of any claim, from filing to trial. The legal fees are calculated based on a prescribed tariff and will vary for each matter depending on the value of the claim.

The remedies available to a successful trade mark owner in an action for infringement include, amongst others, an injunction, which may be granted subject to any condition the court deems fit, damages or an account of profits at the option of the claimant and payment of legal costs. An applicant for an injunction would need to satisfy the normal requirements prescribed by the law.

A trade mark owner who is successful may be able to obtain damages, account and disgorgement of profits and costs. Costs are at the discretion of the judge.

Infringing products may be impounded and destroyed.

Generally, the losing party is required to pay the successful party’s litigation costs.

Generally, injunctions are applied for and granted on an ex parte basis in the first instance.

A successful defendant may obtain, amongst other remedies, a declaration of non-infringement from the court, an injunction restraining the registered owner from making groundless threats and payment of legal costs.

The Act makes provision for the Comptroller of Customs to effect seizure and deal with goods that are imported into Saint Lucia if the importation infringes or appears to infringe a trade mark registered in Saint Lucia. The registered owner of the trade mark may give to the Comptroller a notice in the form prescribed objecting to the importation after the date of notice, of goods that infringe the trade mark.

There are general remedies which are available to all types of trade marks.

In the course of legal proceedings, the parties may, by consent, have the opportunity to have the matter settled by formal court-connected mediation. Aside from this, the parties are at liberty to settle the dispute at any time on their own volition.

Alternative dispute resolution is an available mechanism for the settling of a trade mark case.

Mediation and (to a lesser extent) arbitration are both available to aggrieved parties to attempt resolution of their disputes by assisted negotiations outside of the more formal setting of the court. Arbitration becomes operational in the event of a dispute if, by agreement, the parties have decided previously to pursue this medium.

The courts in Saint Lucia favour settlement of disputes by mediation and there is a court-connected mediation programme in place to assist in this regard. Mediation is usually recommended in the first instance by the court. A matter may, however, be referred to mediation only with the consent of the parties. In Saint Lucia an agreement reached by mediation may be duly filed in the High Court, which is made by an order (by consent) of the court, thereby binding the parties.

Multiple court proceedings concerning the same subject matter or issues may be considered as an abuse of process.

The time period for filing an appeal is prescribed by the Eastern Caribbean Civil Procedure Rules, 2000 (as amended). Generally, an appeal will follow the normal court process.

There are no special provisions concerning the appellate procedure for trade mark proceedings. The appellate procedure for trade mark proceedings is provided by the relevant rules of court.

Only in very limited circumstances will a court exercising an appellate jurisdiction interfere with findings of fact. Accordingly, appeals are predominantly limited to a review of points of law.

A trade mark may also be protected by copyright once it is able to fulfil the applicable criteria for a copyright.

A trade mark may also be protected as an industrial design once it is able to fulfil the applicable criteria for an industrial design under the Industrial Designs Act.

A name may be protected as a trade mark once it is able to satisfy the normal requirements for the registration of a trade mark.

Currently, unfair competition is governed by the common law.

There have not been any recent emerging issues in Saint Lucia.

There are no special rules or situations concerning trade marks on the internet in Saint Lucia.

There are no special rules or norms regarding trade marks as used in business.