A trade mark is an intellectual property (IP) right which protects/safeguards any sign capable of being represented graphically that distinguishes the goods or services of one business from another. Trade mark protection can be applied to words, names, logos, shapes, sounds and symbols, to name a few.

The owner of a trade mark has the exclusive right to use the mark for the goods/services in which it has been registered. They also have the right to stop others from using the mark or a confusingly similar one, take legal action against infringement, license the mark for use and even assign the right to others.

It is also worth noting that well-known trade marks have special protection under law, including international law and within the local framework.

In the event of a dispute concerning a trade mark, it is important to note that any person may file a notice of opposition to the registration of a trade mark within three (3) months of the application being published in the Trade Marks Journal issued by the Trinidad and Tobago Intellectual Property Office (TTIPO). For our published journals please visit https://ipo.gov.tt/journals/.

Additionally, a person may apply for a mark to be revoked or deemed to be invalid. A trade mark registration may be revoked for various reasons including if it has not been put to bona fide use in the course of trade in Trinidad and Tobago. A trade mark may be considered invalid on various grounds including fraud in the registration or on the ground that the registration was obtained by misrepresentation.

Where a person is dissatisfied by a decision of the TTIPO — including decisions relating to refusal of registration or opposition etc., an appeal may be made to the Honourable High Court of Justice of Trinidad and Tobago in accordance with the provisions of the Trade Marks Act. Alternative dispute resolution (ADR) is encouraged for intellectual property disputes, and matters which may have been brought before the Honourable Court, can be settled by consent of the parties involved. For more information on ADR please visit https://ipo.gov.tt/alternative-dispute-resolution/.

For further reference please see the links below to examples of some recent IP matters which were brought before the Honourable High Court of Justice of Trinidad and Tobago:

Japs Fried Chicken Limited & Romario Mahabir v Nicholas Thomas – http://webopac.ttlawcourts.org/LibraryJud/Judgments/coa/2016/aboud/CvA_16_P297DD28sep2022.pdf 

Selwyn Melville v Trinidad and Tobago Football Association (Soca Warriors trade mark) (Consent Order sourced from Judiciary Office Copy) – https://ipo.gov.tt/downloads/Trademark/CV-2019-02484_-_Selwyn_Melville_v_TTFA_(Court_Order).pdf

Sean Caruth v The Tobago House of Assembly – https://webopac.ttlawcourts.org/LibraryJud/Judgments/coa/2018/armorer/CvA_18_P297DD22Jul2025.pdf

For further information on Trade Marks please visit https://ipo.gov.tt/trade-marks/.

*The image attached is sourced from the World Intellectual Property Organization’s (WIPO’s) website at https://www.wipo.int/edocs/pubdocs/en/wipo-pub-900-1-en-making-a-mark-an-introduction-to-trademarks-for-small-and-medium-sized-enterprises.pdf*