ENGLISH | SPANISH
logo

`` There is no greater pleasure than creating something`` L.T.


British Virgin Islands Trademark registration

Registration
A trade mark can be registered in the British Virgin Islands (BVI) in two ways; either pursuant to The Trade Marks Act (cap. 158) which provides for local trade mark applications dating from receipt of the application or pursuant to the Registration of United Kingdom Trade Marks Act (cap. 157) which provides for applications to extend rights under a UK registration with effect from the date of registration in the UK.


For a local application the following information and documentation is required:
1. name of the trade mark
2. one copy of the mark (unless mark is word only)
3. class(es) and specification of goods
4. applicant's name and address
5. Statement of Application and Declaration verifying Statement (notarised)
6. Authorisation of Agent (two witnesses) (notarised)
For a UK-based application the following information and documentation is required:
1. name of the trade mark
2. one copy of the mark (unless mark is word only)
3. class(es) and specification of goods and/or services
4. applicant's name and address
5. certified copy of UK Certificate of Registration
6. Authorisation of Agent (two witnesses) (notarised)


The Procedure usually takes between 7-12 months for the Registrar to process an application for registration. Paris Convention priority cannot be claimed. Once the registration is complete the Registrar will issue a Notice of Registration of Trade Mark in the Virgin Islands (for a local registration) or a Certificate of Registration (for a UK-based registration). If the registered owner of a trade mark is not engaged in any business concerned in the goods and/or services in association with which the mark is registered after the expiration of five years from the date of registration the mark may be removed from the Register on application to the court by an aggrieved third party.

How long does a registration last?
Registration of a local mark is effective for fourteen years. Registration of a United Kingdom mark is effective for the same term as the existing United Kingdom registration.
How to register in the BVI?

Classes
The International Classification system is not used. Goods are cited under the corresponding local classification. Multi-class applications are allowed. A UK-based application, however, is restricted to the number of classes specified on the UK Certificate. Service Mark applications must be based on an existing UK registration.

Searches

In order to conduct a search the only documentation required is the name of the trade mark. The result can usually be provided within three working days.

Renewal
A local trade mark registration is valid for 14 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the local registration is to be renewed the only documentation required is a letter to the Registrar requesting that the mark be renewed and an Authorisation of Agent (two witnesses) (notarised).

BRITISH VIRGIN ISLANDS
A UK-based trade mark registration is valid for the same period that is shown on the UK Certificate and can be renewed once the underlying UK registration has been renewed. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration (and the UK registration if necessary) or allow the mark to lapse. If the UK-based registration is to be renewed the only documentation required is a certified copy of the UK Certificate of Registration showing the renewal and an Authorisation of Agent (two witnesses) (notarised).
The application for renewal should be filed prior to the expiration date of the registration. A grace period, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee.
It usually takes six months or less for the Registrar to process an application for renewal. Once the renewal is complete the Registrar will issue a Notice of Renewal (for a local registration) or a Certificate of Renewal (for a UK-based registration).
If you do not wish to renew the mark please inform us so that we can advise the Registrar accordingly.

Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Registrar accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an
application to record the assignment in BVI.
To record the assignment of a local trade mark registration the documentation required is the Deed of Assignment (notarised), a Declaration verifying the assignment (notarised) and an Authorisation of Agent (two witnesses) (notarised).
To record the assignment of a UK-based trade mark registration the documentation required is a certified copy of the UK Certificate of Registration showing the assignment, the Deed of Assignment (notarised), a Declaration verifying the assignment (notarised) and an Authorisation of Agent (two witnesses) (notarised).
It usually takes six months or less for the Registrar to process an application to record an assignment. Once the recording is complete the Registrar will issue a Notice of Registration of Subsequent Proprietor (for a local registration) or a Certificate of Registration of Subsequent Proprietor (for a UK-based registration).


Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in BVI.
To record a change of name and/or address for a local trade mark registration the only documentation required is the document evidencing the change (notarised) and an Authorisation of Agent (two witnesses) (notarised).
To record a change of name and/or address for a UK-based trade mark registration the documentation required is a certified copy of the UK Certificate of Registration showing the change, the document evidencing the change (notarised) and an Authorisation of Agent (two witnesses) (notarised). It usually takes six months or less for the Registrar to process an application to record a Change of Particulars. Once the recording is complete the Registrar will issue a Notice of Recording showing the change (for a local registration) or a Certificate of Recording showing the change (for a UK-based
registration).

Area Practice:

INTELLECTUAL PROPERTY

Trademarks ™
Patents
Copyrights ©
Designs
Consulting
Sitemap
!Please, don't hesitate to contact us anytime for free consultations!
!We have the most fair tariffs in Dominican Republic and another!
Directorio de Patentes y marcas
J R Rosas Law Firm Registro de Marcas
abogados Guatemala
A-J R Rosas Law Firm - Registro de Marcas y Patentes en Guatemala
Ixquick
Web This Site