Design copyright protects the “shape, configuration, pattern or ornament of an article or features of pattern or ornament applicable to articles in so far as such features appeal to and are judged solely by the eye”
[section 30 of the Industrial Property Act of 1965].
The total period of protection is 15 years – this equates to three periods of 5 years (prescribed fees are payable prior to the expiration of each 5 year term).
KATINA MOSKO
COUNSEL | ATTORNEY-AT-LAW | NOTARY PUBLIC | TRADE MARK AGENT
ABOUT US
ABOUT US
Mary C. Katina Mosko was called to the Bar of England and Wales in October 1977 (Inner Temple) and the Bar of the Commonwealth of The Bahamas in February 1978. Although called to the Bar as a Barrister, the legal profession is fused in The Bahamas, and she has continually practiced since 1977 as Counsel and Attorney-at-Law.
Katina is a member of the Bahamian Bar, International Bar Association. She has also served on The Bahamas Bar Ethics Committee for many years, and is a member of The Bahamas Chamber of Commerce.
PRACTICE AREAS
Intellectual Property Law
Company Law
Contributor
INTA
Sweet & Maxwell
EDUCATION
Barrister of the Honourable Society of Inner Temple
Holborn Law Tutors & Council of Legal Education
Battle Abbey, England
St. Andrew’s School, Nassau, Bahamas
LANGUAGES
English | Greek | Czech
PROFESSIONAL COUNSEL
Legal Counsel, Bacardi & Company Limited, 1982 ~ 1997
Associate, Pyfrom & Roberts, 1978 ~ 1982
Judge’s Marshall, London, 1977
MEMBERSHIPS
Bahamas Bar Association
Bahamas Bar IP Committee (Co-Chair)
Bahamas Bar Ethics Committee (retired)
Legislation Committee Chamber of Commerce, 2003 ~ 2004
Chamber of Commerce Director, 2001 ~ 2002
Honorary Consul Cyprus, 1990 ~ 1997
IBA, INTA, ITMA, IPCA
ACCOLADES
2015 World Trademark Review 1000:
Katina Mosko understands her clients’ business and can shape and tailor her response accordingly.
2014 World Trademark Review 1000:
Katina Mosko “is feted as one of the region’s finest IP minds.“
2013 World Trademark Review 1000:
Katina Mosko has built a reputation from sources throughout the Caribbean as being “the most reliable trademark practitioner in the Bahamas.”
Jason Ellis
NEWS
2015 | Mar 1st
THE BAHAMAS DOES NOT HAVE A MULTI-CLASS FILING SYSTEM
Multi-class applications are not supported by Bahamian trade mark law outside of specific circumstances. Due to dissimilar practices and confusion in the application of the law, the Registry has confirmed that there is no legal support to register multi-class applications for trade marks unless the mark is related to standardisation of goods.
2015 | Jan 1st
IMPLEMENTATION OF VAT IN THE BAHAMAS
Value Added Tax was implemented in The Bahamas as of 1st January 2015 with the standard tax rate of 7.5%. The introduction of this tax impacts Intellectual Property services supplied in The Bahamas. Where rights are to be enforced inside The Bahamas, the legal fees will be subject to VAT at 7.5 % unless holders of rights or assets want to select The Bahamas as the governing law jurisdiction. The nature of the system is far-reaching. Unlike other jurisdictions, such as the EU, where goods and services sold to customers outside of the EU are normally not subject to VAT, VAT does apply to IP services sold to customers outside of The Bahamas. For more information, see here.
2014 | Mar 27th
IP COMMITTEE OF THE BAHAMAS BAR ASSOCIATION UNITED BY DISCLAIMER CONUNDRUM
The IP Committee, formed in November 2013 and co-chaired by Katina Mosko, has been holding meetings to address members’ concerns over the wide ranging requests for disclaimers that issued from the IP Registry. Speaking to the issues, the executive members met with the Registrar and the Deputy Registrar to understand the exercise of this discretionary power – especially in applications which had been unconditionally approved and published as well as those requested on renewals. In response, the Deputy Registrar has explained that the files are undergoing a second review as some of the requests for disclaimers may have been sent in error. This meeting demonstrates a collaborative relationship between industry and the IP Registry.
2013 | Sep 6th
BAHAMIAN REGISTRY TAKES STEPS TOWARDS ONLINE REGISTRY
The Bahamian Registry made headway in modernizing its system by starting to make the advertisements of accepted trade mark applications for registration electronically available. (April, May and June of this year are available online.) Since April, the format of the Gazette changed from the Official Gazette Bahamas (Supplement Part III) to the Bahama Journal newspaper.
2013 | Apr 25th
THE BAHAMA JOURNAL AS THE NEW GAZETTE FOR TRADE MARKS
Previously when applications for the registration of trade mark, patent and design copyright applications were accepted by the Registrar, they were advertised in the Official Gazette Bahamas (Supplement Part III) which, among other areas, provides booklet editions dedicated solely to IP publications. The format and medium regarding trade marks has changed as publications of this information will now appear in the Bahama Journal newspaper. The archival durability and quality are not of the same standard that practitioners had become accustomed to. Based on this, the electronic availability of the Gazette is of importance.
2013 | Apr 1st
REGISTRY REQUESTS UNPRECEDENTED AMOUNT OF DISCLAIMERS FOR TRADE MARK APPLICATIONS
The Registry has begun to issue a considerable number of disclaimer requests in relation to trade mark applications for registration as well as registrations applied for renewal. The Registrar’s discretionary power is being applied in such an extensive way that the common law tort of passing off may prove to be a more authoritative and effective legal remedy than trade mark registration. This much is apparent for trade mark registrations that disclaim the entire mark or elements of the mark that are neither descriptive nor generic and are not devoid of distinctiveness. The choice of certain wording in the Trade Marks Bill of 2013 concerning when disclaimers may apply is unlikely to clarify the situation.
2013 | Jan 8th
INTERNATIONAL CLASSIFICATION AND SERVICE MARKS TO BE PROVIDED FOR UNDER NEW ACT
Along with other areas of IP, the legislation on trade marks will be updated. The Trade Marks Bill of 2013 (which will replace the Trade Marks Act of 1906) makes provision for service marks as well as accommodating the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957 as revised. These amendments will avoid having to shoehorn goods and services into outdated classes. The new Classification will be far more expansive and advance trade mark registrations in The Bahamas by adopting a classification system which corresponds with the 21st century.
