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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.
The opposition period is 3 months from the publication date of the application.
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, since its registration, been used within a continuous period of at least three years, 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
Jun 20, 2018
Caribbean IP, West Palm Beach, FL 33401, USA  

Mrz 27, 2017
Caribbean IP, West Palm Beach, FL 33401, USA  

Sep 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
Tel + 1 561 283 1800

Caribbean IP is an intellectual property law firm focusing on trademark and other IP services across 26 Caribbean jurisdictions. The firm prides itself on handling trademark searches, registrations, renewals, recordals, oppositions, and enforcement matters in a time- and cost-efficient manner. Katherine founded Caribbean IP in 2014, after working for several years in another Caribbean-focused practice. She and her partner Patrick Hely and their team work with clients from around the world, including numerous Fortune 500 companies and top-ranked law firms. The Caribbean IP team has experience handling all aspects of trademark practice across the Caribbean region.

Katherine obtained a Legal Education Certificate from the Eugene Dupuch Law School in The Bahamas and a Doctor of Jurisprudence from Vanderbilt University. She is a member of the Florida Bar and an active member of the International Trademark Association, where she is currently serving as Vice Chair of the INTA Bulletins Committee. She regularly writes articles on trademark law developments in the Caribbean for INTA and other global publications.

B.V.I. Financial Services Commission
Road Town
British Virgin Islands
Tel +1 284 494 4190
Fax +1 284 494 5016