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The British Virgin Islands: trademark registration
The protection of trademarks in the territory of the British Virgin Islands is limited in comparison to other jurisdictions. The foregoing is due to the fact that the law on trademarks dates back to 1887 and is not fully applied to the protection of the trademark. At the same time, the Nice classification system of services and goods does not operate on the islands.
Trademarks are usually registered in accordance with the law on trademarks of the BVI. Under this law, registration of trademark in the British Virgin Islands can not be carried out if the trademark:
- Is identical to the trademark, which is already entered in the register;
- Is misleading or is designed to be misleading;
- Has an insulting design;
- Has a descriptive character.
In order to register trademark in the British Virgin Islands, it is necessary to submit an application to the Registrar of trademarks in the British Virgin Islands through the agent in accordance with the established form.
The application should be accompanied by the following documents:
- The applicant's confirmation with samples of the trademark;
- Notarized Declaration, which confirms the use of trademark;
- The form of trademark with the same size as the reproductions;
- Power of attorney, which authorizes the agent to perform actions to register trademark in the British Virgin Islands.
In addition, it is necessary to pay the required registration fee.
After obtaining the application by the Registrar, notification shall be published in the official source. After that, objections may be raised within three months. If no objection has been received, the trademark is registered and the corresponding Certificate is issued. It operates for 14 years and can be renewed for the same period.
