Industrial Designs

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Industrial Designs
L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Act
18 of 1996

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–34 ..

INDUSTRIAL DESIGNS ACT

CHAPTER 82:77

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

2 Chap. 82:77 Industrial Designs

Index of Subsidiary Legislation
Page

Industrial Designs Rules (LN 179/1996) … … … … 14

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Industrial Designs Chap. 82:77 3

CHAPTER 82:77

INDUSTRIAL DESIGNS ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Definition of industrial design.
4. Registrable industrial designs.
5. Right to registration and naming of creator.
6. Application; right of priority.
7. Examination.
8. Registration and publication.
9. Rights conferred by registration.

10. Duration and renewal of registration.
11. Surrender of registration.
12. Invalidation of registration.
13. Changes in ownership.
14. Licence contracts.
15. The Controller.
16. Register; publication.
17. Correction of errors.
18. Extension of time.
19. Exercise of discretionary powers.
20. Representation.
21. Competence of Court.
22. Infringement and offences.
23. Application of international treaties.
24. Regulations.
25. Repeals.
26. Transitional provisions.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

4 Chap. 82:77 Industrial Designs

CHAPTER 82:77

INDUSTRIAL DESIGNS ACT

An Act to provide for the protection of industrial designs and
for related matters.

[1ST DECEMBER 1997]

1. This Act may be cited as the Industrial Designs Act.

2. In this Act—
“Controller” means the Controller of the Intellectual Property

Office appointed under section 3 of the Patents Act and
any reference to the Controller shall be construed as
including a reference to any officer discharging the
functions of the Controller;

“Court” means the High Court;
“International Classification” means the classification according

to the Locarno Agreement of October 8, 1968, establishing
an International Classification for Industrial Designs;

“Minister” means the Minister to whom responsibility for
intellectual property has been assigned;

“Paris Convention” means the Paris Convention for the Protection
of Industrial Property of March 20, 1883, as last revised;

“priority date” means the date of the earlier application that
serves as the basis for the right of priority provided for in
the Paris Convention;

“Register” means the Register of Industrial Designs.

3. (1) For the purposes of this Act, any composition of lines
or colours, any three-dimensional form or any material whether or
not associated with lines or colours, is deemed to be an industrial
design where such composition, form or material gives a special
appearance to a product of industry or handicraft, can serve as a
pattern for a product of industry or handicraft and appeals to and
is judged by the eye.

18 of 1996.

Commencement.
254/1997.

Short title.

Interpretation.

Ch. 82:76.

Definition of
industrial
design.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Industrial Designs Chap. 82:77 5

(2) The protection under this Act does not apply to
anything in an industrial design which serves solely to obtain a
technical result and to the extent that it leaves no freedom as regards
arbitrary features of appearance.

4. (1) An industrial design is registrable if it is new.
(2) An industrial design is new if it has not been disclosed

to the public anywhere in the world by publication in tangible form
or by use or in any other way, prior to the filing date or, where
applicable, the priority date of the application for registration.

(3) For the purposes of subsection (2), disclosure to the
public of an industrial design shall not be taken into consideration
if the disclosure—

(a) occurred within twelve months preceding the
filing date or, where applicable, the priority date
of the application; and

(b) was by reason or in consequence of acts
committed by the applicant or his predecessor in
title or of an abuse committed by a third party
with regard to the applicant or his predecessor
in title.

(4) An industrial design that is contrary to public order
or morality is not registrable.

5. (1) The right to registration of an industrial design shall
belong to the creator.

(2) Where two or more persons have jointly created an
industrial design, the right to registration of the industrial design
shall belong to them jointly.

(3) If and to the extent to which two or more persons have
created the same industrial design independently of each other,
the person whose application has the earliest filing date or, if priority
is claimed, the earliest validity claimed priority date, shall have
the right to register the industrial design, as long as the said
application is not withdrawn, abandoned or rejected.

Registrable
industrial
designs.

Right to
registration and
naming of
creator.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

6 Chap. 82:77 Industrial Designs

(4) The right to an industrial design may be assigned or
may be transferred by succession.

(5) Where an industrial design is created in execution of
an employment contract, the right to registration of the industrial
design shall belong, in the absence of contractual provisions to the
contrary, to the employer.

(6) The creator shall be named as such in the registration
of the industrial design unless he indicates to the Controller in a
special written declaration signed by him and addressed to the
Controller that he wishes not to be so named.

(7) A promise or undertaking by the creator made to any
person to the effect that he will make a declaration referred to in
subsection (6) shall be without legal effect.

6. (1) An application for the registration of an industrial
design shall be filed with the Controller and shall contain a request,
drawings, photographs or other adequate graphic representations
of the article embodying the industrial design and an indication of
the kind of product for which the industrial design is to be used.

(2) The application may be accompanied by a specimen
of the article embodying the industrial design where the industrial
design is two-dimensional.

(3) Where the applicant is not the creator, the request shall
be accompanied by a statement justifying the applicant’s right to
registration of the industrial design.

(4) The application may contain a declaration claiming
priority, as provided for in the Paris Convention, of one or more
earlier national or regional applications or international deposits
filed by the applicant or his predecessor in title in or for any State
party to that Convention.

(5) Where the application contains a declaration referred
to in subsection (4), the Controller may require that the applicant
furnish, within the prescribed time limit, a copy of the earlier
application or international deposit, certified as correct by the office
with which it was filed, and the effect of that declaration shall be
as provided for in the Paris Convention.

Application;
right of priority.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Industrial Designs Chap. 82:77 7

(6) Where the Controller finds that the requirements under
this section and the Regulations pertaining to a declaration are not
fulfilled, the declaration shall be considered not to have been made.

(7) Two or more industrial designs may be the subject
of the same application if they relate to the same class of the
International Classification or to the same set or composition
of articles.

(8) An application, at the time of filing, may contain a
request that the publication of the industrial design, upon
registration, be deferred for a period not exceeding twelve months
from the date of filing, or if priority is claimed, from the date of
priority, of the application.

(9) The applicant may withdraw the application at any
time during its pendency.

(10) The application shall be subject to the payment of
the prescribed application fee.

7. (1) The Controller shall accord as the filing date the date
of receipt of the application provided that at the time of receipt,
the application contains indications allowing the identity of the
applicant to be established and the required graphic representations
of the article embodying the industrial design.

(2) Where the Controller finds that the application did
not at the time of receipt fulfil the requirements referred to in
subsection (1), he shall invite the applicant to file the required
correction and shall accord as the filing date the date of receipt of
the required correction, but if no correction is made the application
shall be treated as if it had not been filed.

(3) After according a filing date, the Controller shall
examine the application for compliance with the requirements of
section 6 and ascertain that the prescribed fee has been paid.

(4) The Controller shall examine whether the industrial
design complies with the provisions of sections 3 and 4(4).

Examination.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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LAWS OF TRINIDAD AND TOBAGO

8 Chap. 82:77 Industrial Designs

8. (1) Where the Controller is satisfied that the application
complies with the requirements of sections 3 and 4(4), he shall
register the industrial design, publish a reference to the
registration and issue to the applicant a certificate of registration
of the industrial design.

(2) Where a request for deferment of publication has
been made under section 6(8), no representation of the design or
any file relating to the application shall be open to the public for
inspection and the Controller shall publish a notice of deferment
which shall contain information identifying the registered owner,
the filing date of the application, the length of time for which
deferment has been requested and any other particulars as may
be prescribed.

(3) During the period of deferment of publication, legal
proceedings on the basis of a registered industrial design may not
be instituted unless the information contained in the Register and
in the file relating to the application has been communicated to the
person against whom the action is brought.

(4) At the expiry of the period of deferment, the Controller
shall publish the registered industrial design.

9. (1) The exploitation of a registered industrial design in
Trinidad and Tobago by persons other than the registered owner
shall require the agreement of the latter.

(2) For the purposes of this Act, “exploitation” of a
registered industrial design means the making, selling, importing
or otherwise distributing, for commercial purposes, articles bearing
or embodying a design which is a copy, or substantially a copy, of
the industrial design.

(3) The rights conferred by registration shall not extend
to acts in respect of articles which have been put on the market in
Trinidad and Tobago by the registered owner or with his consent.

(4) The owner of a registered industrial design shall, in
addition to any other rights, remedies or actions available to him,
have the right to institute Court proceedings against any person

Registration and
publication.

Rights conferred
by registration.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Industrial Designs Chap. 82:77 9

who infringes the registration of the industrial design by
performing, without his agreement, any of the acts referred to in
subsection (2) or who performs acts which make it likely that
infringement will occur.

10. (1) The registration of an industrial design shall be
for a period of five years from the filing date of the application
for registration.

(2) The registration may be renewed for two further
consecutive periods of five years through the payment of the
prescribed fee.

(3) A grace period of six months shall be allowed for
the late payment of the renewal fee on payment of the
prescribed surcharge.

11. (1) The owner of a registered industrial design may
surrender it by written declaration to the Controller who shall record
the surrender in the Register and publish it.

(2) The surrender shall have effect from the date on which
it is recorded.

12. (1) Any interested person may apply to the Court for the
invalidation of the registration of an industrial design.

(2) The Court shall invalidate the registration of an
industrial design if the person requesting the invalidation proves
that any of the requirements of sections 3 and 4 are not fulfilled or
if the registered owner of the industrial design is not the creator or
successor in title.

(3) An invalidated registration of an industrial design, or
part thereof, shall be regarded as null and void from the date of the
registration.

(4) The decision of the Court or the decision on any appeal
therefrom shall be notified to the Controller who shall record it
and publish a reference to it as soon as possible thereafter.

Duration and
renewal of
registration.

Surrender of
registration.

Invalidation of
registration.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

10 Chap. 82:77 Industrial Designs

13. (1) Any change in the ownership of the registration of an
industrial design, or in the ownership of an application therefor,
shall be in writing and shall, upon the request of any interested
party made to the Controller, be recorded and, except in the case
of an application, published by the Controller.

(2) A change under subsection (1) shall be of no effect
against third parties until it has been recorded.

14. (1) Subject to this section, the owner of a registered
industrial design or an application therefor may grant licences in
respect of the design.

(2) A copy of each licence contract concerning a registered
industrial design, or an application therefor, shall be submitted to
the Controller who shall keep its contents confidential but shall
record it and publish a reference thereto and until the contract is so
recorded it shall have no effect against third parties.

15. The Controller shall be responsible for all functions
relating to the procedure for the registration of industrial designs
and for the administration of registered industrial designs as
specified in this Act.

16. (1) The Controller shall maintain a Register in which he
shall record all matters required by this Act to be recorded.

(2) The Register may be consulted by any person and
any person may obtain extracts therefrom under the
prescribed conditions.

(3) The Controller shall publish in the prescribed manner
all the publications provided for in this Act.

17. The Controller may, subject to any provision in the
Regulations, correct any error of translation or transcription,
clerical error or mistake in any application or document filed
with the Controller or in any matter recorded pursuant to
this Act.

Changes in
ownership.

Licence
contracts.

The Controller.

Register;
publication.

Correction of
errors.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Industrial Designs Chap. 82:77 11

18. (1) Where the Controller is satisfied that the circumstances
justify it, he may, upon receiving a written request, extend the time
for doing any act or taking any proceeding under this Act, upon
notice to the parties concerned and upon such terms as he may direct.

(2) The extension may be granted though the time for
doing the act or taking the proceeding has expired.

19. The Controller shall, before exercising any discretionary
power vested in him by this Act adversely to any party to a
proceeding before him, give that party an opportunity to be heard.

20. Where an applicant’s ordinary residence or principal
place of business is outside Trinidad and Tobago, he shall be
represented by an Attorney-at-law resident and practising in
Trinidad and Tobago.

21. (1) The Court shall have jurisdiction in cases of dispute
relating to the application of this Act and in matters which under
this Act are to be referred to the Court.

(2) Any decision taken by the Controller under this Act,
in particular the decision to register an industrial design or to refuse
an application for such a registration, may be the subject of an
appeal by any interested party to the Court and such appeal shall
be filed within two months of the date of the Controller’s decision.

22. (1) Subject to section 9(3), an infringement shall consist
of the performance in Trinidad and Tobago of any act referred to
in section 9(2) by a person other than the owner of the registered
industrial design and without the agreement of the latter.

(2) On the request of the owner of the registered industrial
design, or of a licensee if he has requested the owner to institute
Court proceedings for a specific relief and the owner has refused
or failed to do so, the Court may grant an injunction to prevent
infringement or an imminent infringement, award damages and
grant any other remedy provided for in the general law.

Extension of
time.

Exercise of
discretionary
powers.

Representation.

Competence of
Court.

Infringement
and offences.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

12 Chap. 82:77 Industrial Designs

(3) Any person who intentionally performs an act which
constitutes an infringement as defined in subsection (1) is liable
on summary conviction to a fine of ten thousand dollars and to
imprisonment for five years.

23. The provisions of any international treaties in respect of
industrial property to which Trinidad and Tobago is a party shall
apply to matters dealt with by this Act and, in case of conflict with
provisions of this Act, shall prevail over the latter.

24. The Minister may make Regulations prescribing all matters
that are required or permitted by this Act to be prescribed, or are
necessary or convenient to be prescribed for giving effect to the
purposes of this Act.

25. Subject to the provisions of section 26, Parts II and III of
the Patents and Designs Act (hereinafter referred to as “the former
Act”) are hereby repealed and Part IV thereof insofar as it relates
to industrial designs shall not apply.

26. (1) Notwithstanding the repeal of the former Act,
industrial designs registered thereunder shall remain in force but
shall, subject to subsection (2), be deemed to have been registered
under this Act.

(2) Industrial designs registered under the former Act shall
remain in force for the unexpired portion of the period of protection
provided for under that Act and may be renewed in accordance
with the provisions of this Act.

(3) A person who on the date of the coming into force of
this Act is the owner of an industrial design that has been registered
in the United Kingdom for a period not exceeding three years or
has filed an application for registration of an industrial design in
the United Kingdom may, within twelve months from entry into
force of this Act, file an application for the registration of the same
industrial design under this Act and such application shall be
accorded the filing date or priority date accorded to the application
or registration in the United Kingdom.

Application of
international
treaties.

Regulations.

Repeals.

Ch. 82:83

Transitional
provisions.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Industrial Designs Chap. 82:77 13

(4) The Controller shall, on and after the coming into force
of this Act—

(a) perform all the functions of and exercise all the
powers conferred on the Registrar General in
relation to industrial designs under the former
Act; and

(b) be the custodian of the Register of Industrial
Designs kept under the former Act.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

14 Chap. 82:77 Industrial Designs

SUBSIDIARY LEGISLATION

INDUSTRIAL DESIGNS RULES

ARRANGEMENT OF RULES

RULE

1. Citation.
2. Interpretation.
3. Fees.
4. Forms.
5. Language of documents and translations.
6. Indication of name, address, nationality and residence.
7. Signatures by partnerships, companies and associations.
8. Representation by Attorney-at-law.
9. Application for registration of an industrial design.

10. Number and size of representations and specimen.
11. Declaration of priority and translation of earlier application.
12. Withdrawal of application.
13. Marking application.
14. According and notifying filing date; examination; decision to grant

or refuse application.
15. Registration of industrial design; publication of reference thereto;

issuance of certificate.
16. Renewal of registration.
17. Entries in the register.
18. Changes in ownership; licence contracts.
19. Address for service.
20. Excluded days.
21. Consultation of register; request of extracts therefrom and for copies

of document.
22. Inspection of licence contracts.
23. Corrections of errors.
24. Hearing.
25. Service by mail.
26. Extension of time limit.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Industrial Designs Rules [Subsidiary]

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Industrial Designs Chap. 82:77 15

RULE

27. Directions as to furnishing of documents.
28. Corrections of irregularities.
29. Dispensation by the Controller.
30. Hours of business.
31. Evidence.
32. Statutory declarations and affidavits.
33. Publication.

SCHEDULE I.
SCHEDULE II.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary]

LAWS OF TRINIDAD AND TOBAGO

16 Chap. 82:77 Industrial Designs

INDUSTRIAL DESIGNS RULES

made under section 19

PRELIMINARY

1. These Rules may be cited as the Industrial Designs Rules.

2. In these Rules, unless the context otherwise requires—
“priority date” means the filing date of the earlier application that

serves as the basis for the right of priority as provided for in
section 6(4);

“section” refers to the specified section of the Act.

3. The fees to be paid in respect of matters arising under
the Act or these Rules shall be those specified in the Schedule of
Fees in Schedule I.

4. (1) The forms referred to in these Rules are those set out
in Schedule II.

(2) A requirement under these Rules to use such a form is
satisfied by the use either of a replica of that form or of a form
which is acceptable to the Controller and contains the information
required by the form set out in that Schedule.

5. Applications shall be in the English language, and any
document forming part of an application or submitted to the
Controller pursuant to the Act or these Rules and which is in a
language other than English shall be accompanied by an English
translation verified by the translator that the translation is to the
best of his knowledge complete and faithful.

6. (1) Names of natural persons shall be indicated by the
person’s family name and given name or names, the family name
being indicated before the given names, and the names of legal
entities shall be indicated by their full official designations.

179/1996.

Citation.

Interpretation.

Fees.

Schedule I.

Forms.

Schedule II.

Language of
documents and
translations.

Indication of
name, address,
nationality and
residence.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Industrial Designs Rules [Subsidiary]

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Industrial Designs Chap. 82:77 17

(2) Addresses shall be indicated in such a way as to satisfy
the customary requirements for prompt postal delivery at the
indicated address and, in any case, shall consist of all the relevant
administrative units, including the house number, if any, and
addresses shall also indicate telegraphic and telex addresses and
facsimile and telephone numbers.

(3) Nationality shall be indicated by the name of the State
of which a person is a national and legal entities shall indicate the
name of the State under whose laws they are constituted and their
Registered Office.

(4) Residence shall be indicated by the name of the State
of which a person is a resident.

7. (1) A document purporting to be signed for or on behalf
of a partnership shall contain the names of all the partners in full
and shall be signed by all the partners or by any partner qualified
to sign, stating that he signs on behalf of the partnership, or by any
other person who satisfies the Controller that he is authorised to
sign the document.

(2) A document purporting to be signed for or on behalf
of a body corporate shall be signed by a director or by the secretary
or other principal officer of the body corporate, or by any other
person who satisfies the Controller that he is authorised to sign the
document and shall bear the seal of the body corporate.

(3) A document purporting to be signed for or on behalf
of an association of persons may be signed by any person who
satisfies the Controller that he is duly authorised.

(4) The Controller may, whenever he deems it necessary,
request evidence of authorisation to sign.

8. (1) The appointment of an Attorney-at-law shall be by an
authorisation of agent which shall be signed by the applicant or,
if there are more than one, by each applicant.

Signatures by
partnerships,
companies and
associations.

Representation
by Attorney-at-
law.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary] Industrial Designs Rules

LAWS OF TRINIDAD AND TOBAGO

18 Chap. 82:77 Industrial Designs

(2) The authorisation of agent appointing an Attorney-
at-law may be filed together with the application or within two
months from its filing date and if the appointment is not thus made
and is not in accordance with section 20 and subrule (1), any
procedural steps taken by the agent, other than the filing of the
application, shall be deemed not to have been taken.

9. (1) The application for the registration of an industrial
design shall be made on Form No. 1 and shall be signed by each
applicant or authorised agent.

(2) The application shall indicate each applicant’s name,
address, nationality and residence.

(3) Where the applicant is the creator, the request shall
contain a statement to that effect, and, where he is not, it shall
indicate each creator’s name and address and be accompanied by
the statement justifying the applicant’s right to the registration of
the industrial design.

10. (1) The application shall be accompanied by the
following:

(a) if the industrial design is two-dimensional, by four
graphic representations or four drawings or
tracings; or

(b) if the industrial design is three-dimensional, by
four graphic representations or four drawings or
tracings of each of the different sides of the
industrial design.

(2) No graphic representation, drawing or tracing of the
industrial design shall exceed 10 centimetres x 20 centimetres and
such representations, drawings or tracings shall be affixed on four
sheets of cardboard of A4 size.

(3) Drawings and tracings shall be in black ink.

(4) A specimen shall be of a size not exceeding
20 centimetres x 20 centimetres x 20 centimetres.

Application for
registration of
an industrial
design.

Number and
size of
representations
and specimen.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Industrial Designs Rules [Subsidiary]

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Industrial Designs Chap. 82:77 19

11. (1) The declaration referred to in section 6(4) shall be
made at the time of filing the application for the industrial design
and shall indicate—

(a) the date of the earlier application;
(b) the number of the earlier application, subject to

subrule (2);
(c) the symbol of the International Classification for

Industrial Designs which has been allocated to
the earlier application, subject to subrule (3);

(d) the State in which the earlier application was filed
or, where the earlier application is a regional or
an international application, the State or States
for which it was filed;

(e) where the earlier application is a regional or an
international application, the office with which it
was filed.

(2) Where at the time of filing the declaration referred to
in subrule (1) the number of the earlier application is not known,
that number shall be furnished within three months from the date
on which the application containing the declaration was filed.

(3) Where a symbol of the International Classification for
Industrial Designs has not been allocated to the earlier application,
or had not yet been allocated at the time of filing the declaration
referred to in subrule (1) the applicant shall state this fact in the
said declaration and shall communicate such symbol as soon as it
has been allocated.

(4) The applicant may, at any time before the registration
of the industrial design, amend the contents of the declaration
referred to in subrule (1).

(5) The period for furnishing the certified copy of the
earlier application, referred to in section 6(5), shall be three months
from the date of the request by the Controller and where a copy
has already been furnished for another application, the applicant
may respond by making a reference to that other application.

Declaration of
priority and
translation of
earlier
application.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary] Industrial Designs Rules

LAWS OF TRINIDAD AND TOBAGO

20 Chap. 82:77 Industrial Designs

(6) Where the earlier application is in a language other
than English, the applicant shall, within six months from the date
of the aforementioned request, furnish an English translation of
the earlier application verified by the translator that the translation
is to the best of his knowledge complete and faithful.

(7) Unless the Controller requests otherwise, the earlier
application and any translation thereof shall be filed in one copy.

12. (1) The application may be withdrawn, pursuant to
section 6(9), by written declaration submitted to the Controller
and signed by each applicant.

(2) The application fee shall not be refunded if the
application is withdrawn.

13. (1) Upon receipt, the Controller shall mark, on each
document making up the application, the actual date of receipt
and the application number consisting of the letters TT, slant, the
letter f, slant, the numbers of the year in which the initial papers
were received, slant, and a five-digit number allotted in the
sequential order in which applications are received and where any
corrections or other later-filed documents are received on different
dates, the Controller shall also mark their actual date of receipt in
the appropriate place of the request for registration of the industrial
design (Form No. 1).

(2) The application number allotted under subrule (1)
shall be quoted in all subsequent communications concerning
the application.

14. (1) The Controller shall examine whether the application
fulfils the requirements of section 7(1).

(2) The invitation to file any correction, under section 7(2),
shall be in writing and it shall specify the correction or corrections
required and request that these be filed within two months from
the date of the invitation, together with the payment of the
prescribed fee.

Withdrawal of
application.

Marking
application.

Form No. 1
Schedule II.

According and
notifying filing
date;
examination;
decision to grant
or refuse
application.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Industrial Designs Rules [Subsidiary]

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Industrial Designs Chap. 82:77 21

(3) Once the Controller accords a filing date, he shall so
notify the applicant in writing and if the application is treated as if
it had not been filed, under section 7(2), the Controller shall notify
the applicant in writing, specifying the reasons.

(4) Where the Controller finds that the conditions set out
in sections 3, 4(4) and 6(1), (3) and (10) and the Rules pertaining
thereto are not fulfilled, he shall invite the applicant, in writing, to
file the required correction within two months from the date of the
invitation, together with the payment of the prescribed fee and if
the applicant does not comply with the invitation to correct a
deficiency or where, despite corrections submitted by the applicant,
the Controller is of the opinion that the said conditions are not
fulfilled, he shall reject the application and notify the applicant, in
writing, stating the reasons.

(5) Refusal of the application shall not affect its filing
date which shall remain valid.

(6) The Controller shall notify the applicant, in writing,
of his decision to grant or to refuse the application, and, in the case
of a decision to grant the application, he shall request the applicant
to pay the registration and publication fee within one month from
the date of the notification.

15. (1) Subject to the payment of the registration and
publication fee within the period prescribed in rule 14(6), the
Controller shall register the industrial design in accordance with
section 8(1) and this rule.

(2) The Controller shall allot to each industrial design he
registers a number in the sequential order of registration.

(3) The registration of an industrial design shall include
a representation of the industrial design and shall specify—

(a) the number of the industrial design;
(b) the name and address of the registered owner;
(c) the name and address of the agent, if any;

Registration of
industrial
design;
publication of
reference
thereto;
issuance of
certificate.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary] Industrial Designs Rules

LAWS OF TRINIDAD AND TOBAGO

22 Chap. 82:77 Industrial Designs

(d) the name and address of the creator, except where
he has asked not to be named in the registration;

(e) if the priority has been claimed, and the claim
has been accepted, the priority date and the
country or countries in which or for which the
earlier application was filed; and

(f) the kind of products for which the industrial
design is to be used.

(4) The publication of the reference to the registration of
an industrial design, under section 8(1), shall contain the particulars
specified in subrule (3).

(5) The certificate of registration of an industrial design
shall be issued on Form No. 2.

16. (1) The renewal of the registration of an industrial
design under section 10(2) may be made by the registered owner
or his agent during the six-month period preceding the expiry
of the registration.

(2) The renewal shall be made by payment of the renewal
fee within the period specified in subrule (1) or, upon payment of
the prescribed surcharge, within the grace period allowed under
section 10(3).

(3) The renewal of an industrial design registration shall
be recorded in the register and shall be published.

(4) The Controller shall issue to the registered owner a
certificate of renewal which contains—

(a) the registration number of the industrial design;
(b) the date of renewal and the date of expiry;
(c) the name and address of the registered owner; and
(d) an indication of the kind of products for which

the industrial design has been registered.

Form No. 2
Schedule II.

Renewal of
registration.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Industrial Designs Rules [Subsidiary]

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Industrial Designs Chap. 82:77 23

17. (1) The Controller shall cause to be entered in the register
in respect of every industrial design, in addition to the information
indicated in rule 15(3)—

(a) the address for service;
(b) the date on which the industrial design registration

expired or was surrendered or invalidated;
(c) any change in name, or address, or any change in

ownership or address for service in accordance
with rules 18 and 19;

(d) the fact that a license contract has been concluded
and recorded pursuant to section 14(2).

18. (1) The request, under section 13, for the recording of a
change in ownership of an industrial design registered under the Act
or of an application therefore shall be made to the Controller on
Form No. 3 and shall be subject to payment of the prescribed fee.

(2) The publication of the change in ownership
shall specify—

(a) the number of the application or registration
concerned;

(b) the filing date, the priority date, if any, and the
date of registration;

(c) the owner and new owner; and
(d) the nature of the change of ownership.

(3) A licence contract submitted for recordal under
section 14(2) shall be accompanied by the prescribed fee.

19. (1) There shall be furnished to the Controller—
(a) by every applicant for the registration of an

industrial design, an address for service in
Trinidad and Tobago for the purpose of his
application; and

(b) by every person (including the applicant for, or
the owner of, an industrial design, as the case may
be) concerned in any proceedings to which any
of these Rules relate, an address for service in
Trinidad and Tobago,

Entries in the
register.

Changes in
ownership;
licence
contracts.

Form No. 3
Schedule II.

Address for
service.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary] Industrial Designs Rules

LAWS OF TRINIDAD AND TOBAGO

24 Chap. 82:77 Industrial Designs

and the address so furnished or, where another address (being an
address in Trinidad and Tobago) has been furnished in place thereof,
that address shall be treated for the purposes of that application or
those proceedings, as appropriate, as the address of that applicant
or, as the case may be, of that person.

(2) Where an agent has been appointed in accordance with
section 20 and rule 8, the address of the agent shall, for all purposes
connected with the Act and these Rules, be treated as the address
to which communications to the person or persons who appointed
the agent shall be transmitted.

20. When the last day for doing any act or taking any
proceeding falls on a day when the Controller’s Office is not open
to the public for business, it shall be lawful to do the act or to take
the proceeding on the day when the Controller’s Office is next
open for business.

21. (1) Consultation of the register shall be subject to payment
of the prescribed fee.

(2) Requests for certified copies of extracts from a register
or for copies of documents shall be made to the Controller in writing
and shall be subject to payment of the prescribed fee.

22. The file relating to a licence contract may be inspected
and extracts obtained therefrom only with the written permission
of the licensor and licensee.

23. (1) Corrections of errors, under section 17, may be
made by the Controller upon receipt of a request in writing and
subject to such terms as he may consider appropriate, or on his
own initiative.

(2) Corrections made shall be communicated in writing
to all interested persons, and, where considered necessary, shall
be published by the Controller.

Excluded days.

Consultation of
register; request
of extracts
therefrom and
for copies of
documents.

Inspection of
licence
contracts.

Corrections of
errors.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Industrial Designs Rules [Subsidiary]

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Industrial Designs Chap. 82:77 25

24. (1) Before exercising adversely to any person any
discretionary power given to the Controller by the Act or these
Rules, the Controller shall notify such person, in writing, of the
opportunity to be heard thereon, and indicating a time limit, which
shall not be less than one month, for filing a request for a hearing.

(2) The request for a hearing shall be in writing and shall
be subject to payment of the prescribed fee.

(3) Upon receiving such request, the Controller shall give
the person applying, and any other interested persons, at least two
weeks’ notice, in writing, of the date and time of the hearing.

25. Any notice, application or other document sent to the
Controller by mail shall be deemed to have been given, made or
filed at the time when it would be delivered in the ordinary course
of the mail and in proving such sending, it shall be sufficient to
prove that the letter containing such notice, application or other
document was properly addressed and sent by registered mail.

26. The time or periods prescribed by these Rules for doing
any act or taking any proceeding thereunder, other than the time
prescribed in Rule 11(1), may be extended by the Controller if he
thinks fit, upon such notice to the parties and upon such terms as
he may direct, and such extensions may be granted although the
time or period for doing such act or taking such proceeding has
already expired.

27. At any stage of any proceedings before the Controller, he
may direct that such documents, information or evidence as he
may require be furnished within such period of time as he may fix.

28. Any irregularity in procedure before the Controller may
be rectified, on such terms as he may direct.

29. Where, under these Rules, any person is to do any act or
thing, or any document or evidence is required to be produced or
filed, and it is shown to the satisfaction of the Controller that from

Hearing.

Service by mail.

Extension of
time limit.

Directions as to
furnishing of
documents.

Corrections of
irregularities.

Dispensation by
the Controller.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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[Subsidiary] Industrial Designs Rules

LAWS OF TRINIDAD AND TOBAGO

26 Chap. 82:77 Industrial Designs

any reasonable cause that person is unable to do that act or
thing, or that that document or evidence cannot be produced or
filed, the Controller may, upon the production of such evidence
and subject to such terms as he thinks fit, dispense with the
doing of any such act or thing, or the production of filing of
such document or evidence.

30. The Controller’s Office shall be open to the public from
Monday to Friday inclusive, each week, between the hours of
9.00 a.m. and 4.00 p.m., for all classes of business.

31. (1) Where under these Rules evidence may be filed, it
shall be by statutory declaration or affidavit.

(2) The Controller may, if he thinks fit, in any particular
case, take oral evidence in lieu of or in addition to such evidence
and shall allow any witness to be cross-examined on his affidavit
or declaration.

32. (1) Any statutory declaration or affidavit filed under the
Act or these Rules shall be made before any officer authorised by
law in any part of Trinidad and Tobago to administer an oath for
the purpose of any legal proceedings.

(2) Statutory declarations or affidavits made outside
Trinidad and Tobago shall be made before a Consul or Notary Public.

33. Particulars of industrial designs and other proceedings
under the Act and any other information required to be published
under the Act or these Rules shall be published in a periodical.

Hours of
business.

Evidence.

Statutory
declarations and
affidavits.

Publication.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Industrial Designs Rules [Subsidiary]

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Industrial Designs Chap. 82:77 27

Application fee [Section 6(10)] … …

Correction of application to comply with requirements
for according filing date [Section 7(2); Rule 14(2)]

Correction of application to comply with formal
requirements [Section 7(3); Rule 14(4)] …

Registration and publication fee [Section 8(1); Rules
14(6) and 15(1)] … … … …

Renewal fee [Section 10(2); Rule 16(2)]
First renewal … … … …
Second renewal … … … …

Surcharge for late payment of renewal fee [Section 10(3);
Rule 16(2)] … … … …

Request for recordal of change in ownership [Section
13(1); Rule 18(1)] … … …

Submission of licence contract for recordal [Section
14(2); Rule 18(3)] … … …

Inspection of Register (for every quarter of an hour or
part thereof) (Rule 21) … … …

Certified copies of documents (per page) (Rule 21) …

Request for correction of error [Section 17; Rule 23]

Request for hearing [Section 19; Rule 24(2)] …

Matter or Proceeding Amount of Fee Form

SCHEDULE I

FEES

(Rule 3).

Form No. 1

Form No. 3

$500.00

$20.00

$20.00

$15.00
plus

fee for
publication

$200.00
$400.00

$200.00

$100.00

$100.00

$20.00
for every quarter

of an hour or
part thereof

$5.00
per printed page

and $20.00 to
certify

$20.00

$100.00

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary] Industrial Designs Rules

LAWS OF TRINIDAD AND TOBAGO

28 Chap. 82:77 Industrial Designs

FORM NO. 1

SCHEDULE II

INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO

For Official Use
Form No. 1
INDUSTRIAL DESIGNS ACT Date of Receipt by

Intellectual Property Office:

APPLICATION FOR REGISTRATION OF APPLICATION No.
INDUSTRIAL DESIGN (Office’s Stamp)
To: The Controller

Intellectual Property Office

FILING DATE:

Applicant’s or Representative’s
File Reference:

THE APPLICANT(S) REQUEST(S) THAT THE ACCOMPANYING
INDUSTRIAL DESIGN(S) BE REGISTERED IN RESPECT OF THE
FOLLOWING PARTICULARS:

I. APPLICANT(S)*

Additional information is contained in supplemental box
Name:
Address:
Nationality:
Country of residence or
principal place of business:

Tel. No. Telegraphic Address: Telex No.: Fax No.:

* The data concerning each applicant must appear in this box or, if the space is insufficient, in the
supplemental box.
(Form No. 1, first page)

(Rule 4).

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Industrial Designs Rules [Subsidiary]

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Industrial Designs Chap. 82:77 29

Address for service in
Trinidad and Tobago*:

II. ATTORNEY-AT-LAW

The following Attorney-at-law has been appointed by the applicant(s)
in the Authorisation of Agent:

accompanying this Form to be filed within two months
from the filing of this form
[Rule 8(2)]

Name:

Address:

Tel. No.: Telegraphic Address: Telex No.: Fax No.:

III. CREATOR OF THE DESIGN(S)

The creator is the applicant Additional information is
contained in supplemental box

If creator is not the applicant:

Name:

Address:

The statement justifying the applicant’s right accompanies
this form

IV. REPRESENTATIONS OF THE INDUSTRIAL DESIGN(S);
SPECIMEN(S)

This Form is accompanied (in respect of each industrial design) by—
four graphic representations

four drawings or tracings

a specimen of the industrial design

*Where an Attorney-at-law has been appointed, the address of the Attorney-at-law shall be treated
as the address to which communication shall be transmitted, [Rule 19(2)].

(Form No. 1, second page)

UNOFFICIAL VERSION


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[Subsidiary] Industrial Designs Rules

LAWS OF TRINIDAD AND TOBAGO

30 Chap. 82:77 Industrial Designs

FORM NO. 1—Continued

V. PRODUCTS

The kind of products for which the industrial design(s) is (are) to be used
is (are) the following:

VI. JOINT APPLICATION

The designs which are subject of this application relate to the same set or
composition of articles [Section 6(7)]

The designs which are subject of this application relate to the same class,
namely class No. ....................................................................., of the
International Classification (Section 6(7)]

VII. DEFERRED PUBLICATION

The applicant(s) request(s) that the publication of the industrial design
be deferred for a period of ................................................. months* from
the date of filing or, if priority is claimed, from the date of priority.

VIII. PRIORITY CLAIM (if any)

The priority of an earlier application is claimed as follows:

Country: Filing Date:

Application No.:

The priority of more than one earlier application is claimed; the data are
indicated in the supplemental box

The certified copy of the earlier application

accompanies this Form

will be furnished within three months of the filing of this Form

IX. FEES accompany this Form

*Insert requested period of deferment taking into account that, under section 6(8), the maximum
period of deferment is 12 months.

(Form No. 1, third page)

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Industrial Designs Rules [Subsidiary]

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Industrial Designs Chap. 82:77 31

X. SUPPLEMENTAL BOX*

XI. SIGNATURE(S) ........................ [Applicant(s)/Agent**] ................
(Date)

......................... [Applicant(s)/Agent**] ..................
(Date)

TO BE FILLED IN BY THE CONTROLLER

1. Date application received:

2. Date of receipt of corrections and later filed papers completing the
application:

3. Date fees received:

*Use this box if any of the boxes is not large enough to contain information to be furnished.
Indicate the boxes continued in this box by their Roman numerals and title (e.g., “II.
APPLICANT(S) (continued)”.

**Type name(s) under signature and delete whichever does not apply.
(Form No.1 fourth and last page)

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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[Subsidiary] Industrial Designs Rules

LAWS OF TRINIDAD AND TOBAGO

32 Chap. 82:77 Industrial Designs

FORM NO. 2

INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO

Form No. 2
INDUSTRIAL DESIGNS ACT

CERTIFICATE OF REGISTRATION OF
INDUSTRIAL DESIGN

In accordance with section 8(1) and rule 15, it is hereby certified that an
industrial design* having the registration No. .............................................. has
been registered for:

Name:

Address:

on ............................................................................................................. (date)
in respect of an industrial design disclosed in an application for registration of
that industrial design, having the following:

filing date:

priority date:

being an industrial design for: .......................................................................
(products)

created by:

Name:

Address:

A copy of the reproduction of the design accompanies this Certificate.

Date ..................................

...............................................** ..................................... Controller

* Where two or more designs are subject of the application, in accordance with section 6(7),
certificates are to be issued separately for each design.

** Insert date in accordance with section 6(8).
(Form No. 2, only page)

The publication of the
registration will be deferred, as
requested, until

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Industrial Designs Rules [Subsidiary]

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Industrial Designs Chap. 82:77 33

FORM NO. 3

INTELLECTUAL PROPERTY OFFICE, TRINIDAD AND TOBAGO

For Official Use
Form No. 3 (Section 13)
INDUSTRIAL DESIGNS ACT Received on:

RECORDAL OF CHANGE IN
OWNERSHIP

To: The Controller

Applicant’s or Representative’s
File Reference:

I. IN THE MATTER OF:
Application for Registration Filing Date:
of Industrial Design No.:

Industrial Design No.: Date of Registration:

II. APPLICANT(S)/OWNER(S)*

Name:

Address:

III. REQUEST

The Controller is hereby requested to record the change in
ownership of the above-identified ................................................... *

The present applicant(s)/owner(s)** is/are identified above.

The new applicant(s)/new owner(s)** is/are identified below.

* Indicate application or registered design.
** Delete whichever does not apply.
(Form No. 3, first page)

UNOFFICIAL VERSION


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[Subsidiary] Industrial Designs Rules

LAWS OF TRINIDAD AND TOBAGO

34 Chap. 82:77 Industrial Designs

IV. NEW APPLICANT(S)/NEW OWNER(S)*

Name:

Address:

Address for service in Trinidad and Tobago:

Nationality:

Country of residence or
principal place of business:

Tel. No.: Telegraphic Address: Telex No.: Fax No.:

V. ADDITIONAL INFORMATION

The following items accompany this Form:

The original or a certified copy of the document evidencing the change
of ownership, signed by or on behalf of the contracting parties

other documents evidencing the change in ownership (specify)

fees

other (specify)

VI. SIGNATURES

................................... [New Applicant(s)/New Owner(s)/Agent**] ..............
Date

................................... [New Applicant(s)/New Owner(s)/Agent**] ..............
Date

................................... [Applicant(s)/Owner(s)/Agent**] .................
Date

................................... [Applicant(s)/Owner(s)/Agent**] .................
Date

*Delete whichever does not apply.
**Delete whichever does not apply and type name(s) under signature.
(Form No. 3, second and last page)

FORM NO. 3—Continued

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