The local legislation governing trademarks in Barbados is the Trade Marks Act, Cap 319, as amended by the Trade Marks (Amendment) Act, 2001-16 and the Trade Marks Regulations, 1984. A trade mark is a visible sign used or to be used upon, with or in relation to any goods for the purpose of distinguishing, in the course of trade or business, the goods of one person from those of another.  Generally, but not exclusively, marks may consist of names, pseudonyms, geographical names, arbitrary or fanciful designations, emblems or any combinations or arrangements of colours and shapes of goods or containers. It is important for an owner of a distinguisable mark to register it in order to claim the exclusive right to use the mark and thus prevent others from copying or using  any other mark which resembles his own mark in such a way as is likely to mislead the public. However, marks which are in use in Barbados and which are unregistered are also entitled to protection in  a court of law under the common law of passing off. 

Before filing an application for registration of a mark, the trade mark agent, who is normally an attorney-at-law, will do a search at the Corporate Affairs Office to ensure that the registration to be applied for is not already registered or pending from another who claims ownership. The documents required to be submitted with an application for registration of a mark include, inter alia, 5 copies of a representation of the mark sought to be registered and a power of attorney from the owner of the mark to the attorney (agent). If the owner of the mark wishes to claim priority in respect of an earlier application in another jurisdiction, then a declaration stating the particulars of the priority must also be provided. All documents filed must be in the English language.

Barbados adopts a single class filing system unlike other jurisdictions.

Provided that there is no objection lodged to the registration of a mark, the registration process takes a minimum of 6 months. A certificate of registration of a mark once granted is valid for 10 years and is renewable for further 10 year periods.