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Caribbean IP
West Palm Beach, FL 33401, USA (US)

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British Virgin Islands (VG)

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Legal basis is the law of Trade Marks Act, 2013 and Trade Marks Rules, 2015 in force since September 1, 2015.
Is not a member of the Madrid Agreement, the Madrid Protocol and the European Union.
Trademark protection is obtained by registration.
It can also be acquired by sufficient public recognition.
Nice Classification, 11th edition.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, colour combinations, the three-dimensional form of a good or its packaging as well as sound and smell marks and any combination of the mentioned signs.
The following trademark types are registrable: trademarks, service marks, collective marks and certification marks.
The application is filed at the Financial Services Commission.
Multiple-class applications are possible.
An application can include goods in any number of classes, but with additional charges for each additional class.
Foreign applicants need a local agent.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published one time in the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in British Virgin Islands is usually 8-12 months, and sometimes less.
National:
The opposition period is 3 months from the publication date of the application.

Opposition against designation of IR Mark
not a member of the Madrid Agreement or Protocol
Protection begins with the date of application. A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
The restoration period for renewals is 6 months starting from the date the trade mark has been removed from the register.

Further practical details are available in our publication on this topic here
If the trademark has not been used within three years from registration, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official application fee is USD 200 for a word mark and USD 250 for a design mark in one class and USD 100 for each additional class. These fees cover the entire process through to registration.

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Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
03-27-2017
Caribbean IP, West Palm Beach, FL 33401, USA  

09-18-2015
Caribbean IP, West Palm Beach, FL 33401, USA  



Caribbean IP



Katherine Van Deusen Hely

Katherine Van Deusen Hely
224 Datura Street, Suite 513
West Palm Beach, FL 33401
USA (US)
Tel + 1 561 283 1800
Katherine@Caribbean-IP.com
www.Caribbean-IP.com

Caribbean IP – Katherine Van Deusen Hely, P.L.L.C. is an IP law firm focusing on trademark and other IP services across 24 Caribbean jurisdictions. The firm prides itself on handling trademark searches, registrations, renewals, recordals, oppositions and enforcement matters in a time- and cost-efficient manner. Before founding Caribbean IP in 2014, Katherine worked closely with her cousin, George C. J. Moore. After his passing in 2013, she continued his Caribbean practice as the sole attorney point-of-contact for the firm, working with numerous Fortune 500 companies and clients around the world. Katherine has experience handling all aspects of trademark practice in the English- and Dutch-speaking Caribbean.

Katherine obtained a Legal Education Certificate from the Eugene Dupuch Law School in The Bahamas and a law degree from Vanderbilt University. She is a member of the Florida Bar and an active member of the International Trademark Association, serving on the INTA Bulletin Committee (Latin America and Caribbean Subcommittee) since 2013. She regularly writes articles on trademark law developments in the Caribbean.

B.V.I. Financial Services Commission
Road Town
Tortola
British Virgin Islands
Tel +1 284 494 4190
Fax +1 284 494 5016
Mail commissioner@bvifsc.org
www.bvifsc.vg