The system for trademark protection in Barbados is:

• Registration
• Common law, the tort of Passing off under civil suit
• Coexisting rights under registration and common law

Barbados belongs to the following international treaties:

• Paris Convention
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
• Nairobi Treaty on the Protection of the Olympic Symbol

The benefits of registering a trademark in Barbados include:

• It is the only form of protection available for trademarks
• Entitles the proprietor to bring an infringement action
• Other: Trade names or commercial names, as an exception, do receive protection by way of use in commerce. 

Service marks

Yes

Defensive marks

Yes, there is no requirement to show use, but failure to use a registered mark within any period of five years leaves it vulnerable to cancellation action on the ground of non-use. 

Collective marks

Yes, The application must be accompanied by a copy of the signed agreement setting out the conditions governing the use of the mark as a collective mark, including the common characteristics or quality of the goods or services to which the mark is to be applied; conditions for use of the mark; how effective control of the mark will be exercised; and the penalties or sanctions for use of the mark in contravention of the conditions of use.

Certification marks

Yes, The application must be accompanied by a copy of the signed rules specifying: categories of the person authorized to use the mark; characteristics to be certified by the mark; conditions governing the use of the mark; procedure for testing the characteristics to be certified; the manner in which supervision of the use of the mark will be undertaken; fees to be paid; penalties or sanctions for use of the mark in contravention of the conditions of use; and procedures for dispute resolution.

Well-known marks

Yes, an application shall not be made to register (i) a mark that is identical with or confusingly similar to a mark or trade name that is well known in Barbados for identical or similar goods or services; or (ii) a mark that is well known and registered for non-identical or dissimilar goods or services if the new mark would indicate a connection with the owner of the well-known mark and if the interests of the owner of the well-known mark are likely to be damaged by such use. There is no register of well-known marks.

Series marks

No

Marks in a different language or characters other than Roman charactersYes, a translation or transliteration into English must be provided. Non-traditional marks: Sound marks

No

Non-traditional marks: Smell marks

No

Non-traditional marks: Position marks

Yes, these are allowed if they are "visible signs".

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, a visible sample must be provided. The Pantone colors should be specified if possible but this is not strictly required.

Non-traditional marks: Shape or three-dimensional marks

Yes, The visual representation should be shown from various angles. Shapes of goods and containers may be registered.

Documents and information required to file a trademark application in Barbados include:

• Name and address of the applicant
• Representation of the trademark
• Goods and services and the class(es) for which the trademark is to be registered
• Power of Attorney 
• Other: The only document to be signed by the applicant is the Power of Attorney - no legalization is required. Non-resident applicants must appoint a local agent as its address for service.

No, multi-class applications are not permitted in Barbados. 

Yes, there is substantive examination of trademarks in Barbados, both on Substantive and Relative grounds. 

Absolute grounds for refusal of a trademark include:

• Mark has direct reference to the character or quality of the goods or services
• Mark is not distinctive
• Mark consists of a geographical name
• Other: The shape of the mark is imposed by the inherent nature of the goods or services to which it relates. Mark is a customary designation in Barbados of the goods/services to which it relates. Mark offends public morals. Mark is deceptive as to nature, source, manufacturing process, characteristics or suitability for purpose of the goods/services to which it relates. Mark is an imitation of an armorial bearing, flag or emblem, is an abbreviation of the name of a country or international organization (unless authorized); is an official sign or hallmark of a country (unless authorized). Mark resembles a collective mark.

Relative grounds for refusal of a trademark include:

• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
• Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
• Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.
• Other: The mark resembles in such a way as to be likely to mislead the public an unregistered mark in earlier use in Barbados for identical or similar goods or services if the applicant is aware or could not reasonably have been unaware of the earlier use

The time period from application to registration in Barbados is 18 months or longer. 

Yes, late renewal of a trademark registration is permissible in Barbados. There is a grace period of six months after the due date, to which a penalty is applied. 

No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Barbados.

No, trademark licensees are not required to record themselves with the Registrar in Barbados, however, it is recommended that either the licensor or the licensee can record the license. the License must be in writing and is void against third parties until recorded in the Trade Marks Register. 

Available enforcement methods in Barbados include:

• Civil enforcement
  • Infringement action
  • Passing off
• Criminal enforcement
• Border or other administrative enforcement measures

None identified.