A guide on filing Geographical Indications

28 Feb A guide on filing Geographical Indications

APPLICATION FOR A GEOGRAPHICAL INDICATION IN TRINIDAD AND TOBAGO

What can be protected as a GI in TT?
⦁ Any natural or agricultural product
⦁ Any product of handicraft or industry

What cannot be protected as a GI in TT?
⦁ A GI that falsely represents to be from another territory
⦁ A GI that has never been or has ceased to be protected in the country of origin or which has fallen into disuse in that country
⦁ A GI that is contrary to public order or morality

Who can apply for a GI in TT?
⦁ Producer/groups of the good in the geographical area specified
⦁ Groups of consumers
⦁ Any competent authority – must have some structure

How to apply for the registration of a GI in TT?
⦁ Application is made on Form 1 under the GI Act
⦁ Application must specify:
(a) details of applicant;
(b) GI sought;
(c) geographic area;
(d) goods; and
(e) the quality, reputation or characteristic of the goods
⦁ Basic Fees – Application TT$500; Publication TT$50; Registration TT$2,500
⦁ Where the GI application is accepted, the GI is published for Opposition. Any Notice of Opposition must be filed within three months of publication.
⦁ If there is no Opposition, the GI will be registered.

How long does protection for a registered GI last in TT?
⦁ Once registered there is no renewal required.

Further information:
⦁ Certification body to ensure that product complies with the specified requirements
⦁ Traceability – integrity/authenticity of the product is maintained through supply chain
⦁ Final product – sampling tests and chemical analysis on product
⦁ Control frequencies – product tested regularly to determine integrity/authenticity
⦁ Control Manual
⦁ Objectives of Association/ Group of Producers
⦁ Supply Chain
⦁ Manufacturing
⦁ Certification Body
⦁ Evaluation Services
⦁ Governance of the Association
⦁ Code of Practice
⦁ Scope
⦁ Geographical Area
⦁ Ingredients
⦁ Manufacturing
⦁ Product Testing
⦁ Labelling
⦁ Misuse of GI

The contents of this discussion are intended to convey general information only and not to provide legal advice or opinions. Please consult an Intellectual Property Attorney if you require legal advice.