British Virgin Islands (VG)
The Legal basis for the protection of trade marks is the Trade Marks Act 2013 and the Trade Marks Rules 2015 which have been in force since 1 September 2015.
It is not a member of the Madrid Agreement or the Madrid Protocol.
Trade mark protection is obtained by registration. The legislation also provides protection to owners of well-known trade marks which are entitled to protection under the Paris Convention or TRIPS.
11th edition of the Nice Classification.
A sign is registrable as a trade mark if it is can be graphically represented and distinguishes the goods and/or services of one person from those of another person.
Examples of acceptable trade marks include words, names, acronyms, letters, numbers, devices, colours, colour combinations, shapes, sounds, smells, tastes and any combination of signs.
The definition of trade mark encompasses trade marks, service marks, collective marks and certification marks.
An application is filed at the B.V.I. Financial Services Commission.
Multi-class applications are accepted.
An application can include goods and services in any number of classes, but with additional charges for each class.
Foreign applicants must have a local agent.
The application process includes a formal examination and a search for earlier trade marks which may be deemed similar.
A mark which is not inherently distinctive can be registered if distinctiveness has been acquired through use.
Trade mark applications accepted by the Registrar are published in the Official Gazette for opposition purposes.
The approximate time frame for completion of the registration process is usually 8-12 months.
National:
The opposition period is 3 months from the publication date of the application.
Protection begins from the application date. A trade mark shall be registered for a period of ten years from the date of Registration (which is the date of filing in accordance with section 57 of the Act) and may be renewed for further periods of ten years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official application fee is USD 200 for a word mark and USD 100 for each additional class.
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