Trademarks: Virgin Islands

General Information

Marks in British Virgin Islands can be registered either:

  1. Locally dating as of filing date; or
  2. Pursuant to a UK registration with effect from the date of registration in the UK.

Classification : 

  1. International Classification is not used. Goods are cited under the corresponding local classification.
  2. Multi-Class filings are allowed.
  3. A UK based application is restricted to the number of classes specified in the UK certificate.
  4. Service Marks are permitted but can only be registered by an application to extend rights under a UK registration.

Priority under Paris Convention : None

Time Frame for Registration : 7-12 Months.

Registration Term : 14 Years
Renewal Term : 14 Years for local registration. For UK based registrations the renewal period is the same as the UK registration.

Cancellation : Yes – if the owner of the registered mark is not engaged in any business relating to the goods and/or services of the registered mark after five years from registration date.

 

Filing Requirements

Trademark/Service Mark Requirements

For local applications:

  1. Details of the Mark, Class(es) and Applicant.
  2. Power of Attorney (along with two witnesses) Notarized.
  3. Statement of application and Declaration verifying Statement Notarized.

For UK based applications:

  1. Details of the Mark, Class(es) and Applicant.
  2. Power of Attorney (along with two witnesses) Notarized.
  3. Certified copy of UK registration certificate.

Renewal of Trademark/Service Mark Requirements

For local applications:

  1. Details of the Mark, Class(es) and Applicant.
  2. Power of Attorney (along with two witnesses) Notarized.

For UK based applications:

  1. Details of the Mark, Class(es) and Applicant.
  2. Power of Attorney (along with two witnesses) Notarized.
  3. Certified copy of UK Renewal certificate.

Assignment Recordal Requirements

For local applications:

  1. Details of the Mark, Class(es) and Applicant.
  2. Power of Attorney (along with two witnesses) Notarized.
  3. A Declaration verifying the Assignment Notarized.
  4. Assignment Deed.

For UK based applications:

  1. Details of the Mark, Class(es) and Applicant.
  2. Power of Attorney (along with two witnesses) Notarized.
  3. Certified copy of the UK registration certificate showing the Assignment.
  4. A Declaration verifying the Assignment Notarized.
  5. Assignment Deed.

Change of Name/Address Requirements

For local applications:

  1. Details of the Mark, Class(es) and Applicant.
  2. Power of Attorney (along with two witnesses) Notarized.
  3. A Document evidencing the changes Notarized.

For UK based applications:

  1. Details of the Mark, Class(es) and Applicant.
  2. Power of Attorney (along with two witnesses) Notarized.
  3. Certified copy of the UK registration certificate evidencing the changes.
  4. A document evidencing the Changes.

 

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