Registering a trademark with the Commerce and Intellectual Property Registry Office under the Ministry of Legal Affairs takes about 12–18 months if there are no oppositions or errors in the application. Complex cases may take up to 24 months.
The deadline for filing an opposition is 3 months from the publication of the application in the Official Gazette of Guyana.
In Guyana, you can register word marks, figurative marks, combined marks, and three-dimensional marks, provided they are distinctive. Marks contrary to public morality or state symbols are prohibited.
The certificate is valid for 7 years from the registration date and can be renewed indefinitely every 7 years.
The owner has the exclusive right to use the mark commercially in Guyana, prohibit others from using similar marks, and transfer or license the trademark rights.
The filing fee is approximately $100–250 for one class of goods/services, including registration and publication fees. Additional costs may include legal services or fees for extra classes.
No, use is not mandatory, but non-use for 5 consecutive years after registration may lead to cancellation upon third-party request, as per Article 22 of the Trademarks Law.
If the trademark is not renewed within 7 years from the registration date, the registration is canceled. Reinstatement is possible within 6 months after the deadline by paying an additional fee.
A strong trademark not only distinguishes your business but also safeguards it from potential misuse. Guyana, with its rapidly developing economy, rich natural resources, and strategic location in South America, offers an emerging and promising market for international business ventures. If you are considering entering this market, registering your trademark is a critical step to ensure your rights are legally protected and your business operates securely.
Registering a trademark in Guyana provides a range of legal and commercial benefits that enhance your brand’s position in the market:
Protection against infringement: A registered trademark grants the exclusive right to use the brand in Guyana, offering protection against copying and unfair competition.
Legal exclusivity: With a registered trademark, you are legally entitled to use your brand name, logo, or slogan in connection with your goods or services.
Enhanced brand value: Registration strengthens your brand identity and adds credibility, making your business more attractive to investors, partners, and customers.
Franchising and licensing opportunities: A registered trademark allows you to legally license your brand or develop franchise networks.
Legal advantage in disputes: In the event of disputes over brand ownership or usage, a registered mark serves as solid legal proof of your rights.
Understanding the trademark registration procedure is crucial for a smooth experience. Below are the main steps involved in registering a trademark in Guyana:
Trademark name search: Before filing, a thorough trade mark office search is recommended to confirm the availability of your desired mark and avoid conflicts with existing ones.
Filing the application: Applications are submitted to the Deeds and Commercial Registries Authority (DCRA), which is responsible for intellectual property rights in Guyana. The application must include:
Full name and address of the applicant
Representation of the tm logo trademark
Description of the goods or services under the international classification
Priority claim (if applicable)
Power of attorney (if filed by a representative)
Examination: The DCRA conducts a formal and substantive examination to check compliance with trademark laws and assess whether the trademark is distinctive and not confusingly similar to existing ones.
Publication: If approved, the application is published in the Official Gazette, allowing third parties a period (typically two months) to oppose the registration.
Issuance of registration certificate: In the absence of opposition, or after resolving any disputes, the trademark is registered and a certificate of registration is issued. This registration mark confirms your exclusive rights.
To proceed with a trademark registration in Guyana, the following documents are typically necessary:
Application form with details of the applicant
Clear image or drawing of the tm trademark logo
List of goods and/or services
Power of attorney
Priority document (if applicable)
The process usually takes between 8 to 12 months, depending on the complexity of the application and whether any opposition is filed. Timelines may vary based on the workload of the trade mark office and other factors.
Registered trademarks in Guyana are valid for ten years from the filing date. They can be renewed for successive periods of ten years. Renewal must be requested before the expiration date, with a grace period available upon payment of a late fee.
All registered marks are listed in the national trademark register, where interested parties can perform a trademark name search or check for restricted trademark entries.
While it is possible to register a trademark independently, several challenges may arise:
Incorrect classification of goods or services
Lack of knowledge of local requirements and legal nuances
Failure to respond to oppositions or official actions in a timely manner
Missed deadlines, resulting in delays or rejection
ProfitMark simplifies the trademark registration process in Guyana by offering end-to-end assistance tailored to your needs:
Comprehensive trademark search and analysis for tm registration mark eligibility
Preparation and submission of all required documents
Management of communication with the trade mark office
Monitoring of the application process and deadlines