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Registration of Trade Marks

 

Upon application made by or on behalf of any person or company claiming to be the proprietor of a trade mark, the Registrar of Trade Marks of the British Virgin Islands may register a trade mark. In order for a trade mark to be considered eligible for registration in the BVI it must contain or meet one or more of the following criteria:

 

  1. A name of an individual or firm printed, impressed or woven in some particular and distinctive manner; or

  2. A written signature, or copy of a written signature, of the individual or firm applying for registration thereof as a trade mark; or

  3. A distinctive devise, mark, brand, heading, label or ticket; or

  4. An invented word or invented words; or

  5. A word or words having no reference to the character or quality of the goods, and not being a geographical name.

A trade mark must be registered for particular goods or classes of goods. For more information or guidelines regarding trademark registration, please see: Trademark Guidelines. Standard due diligence procedures apply. If you do not have a pre-existing relationship with CCP you will be required to complete and submit your information for verification before we can provide services to you. The applicable due diligence form can be found here.

 

 

Application for Registration.
For the registration of a trade mark in the BVI the following documents are required:

 

  1. A Statement by the Applicant which must contain:
    • The name and address of the applicant, and
    • The description or reference to a description of the trade mark to be registered,
    • The class or classes of goods, and
    • The particular description or descriptions of goods in such class or classes.
    • In case of a trade mark already in use, the length of time during which it has been in used.

  2. The above statement must be accompanied by a Declaration by applicant verifying the above statement and confirming that to the best of the applicant’s knowledge and belief, he is lawfully entitled to use the trade mark.

  3. A Power of Attorney

  4. Where a trade mark consists of a distinctive device, mark, brand, heading, label or ticket, an ink stamp showing the trade mark must be supplied.

Documents (2) and (3) must be notarized by a Notary Public and if signed outside of the British Virgin Islands they should be authenticated by Apostille or the closest British Consulate.

 

 

Filing of Application for Registration of a Trade Mark
The application for registration of a trade mark must be filed with the BVI Registry of Trade Marks and published twice in the BVI Official Gazette. Three months after the date of the first publication the Registry, if there has been no opposition, shall grant registration of the mark for a renewable period of fourteen (14) years and shall issue a certificate of registration. However within the three month period any person who claims to have a right to the trademark may file an application to oppose the application for registration.)

 

 

Assignment of Trade Mark
Trade Marks may be assigned however the document containing the assignment must be filed at the Registry of Trade Marks; this document must be acknowledged by a Notary Public. If filled by an agent, a power of attorney is required, authorizing the Agent to file it on behalf of the Applicant.

 

 

DOCUMENTS AND FORMS


Click on any of the items to see the document in PDF format:

 

Trademark Registration

 

 

Ellen L. Skelton Building
P.O. Box 681, Road Town Tortola, British Virgin Islands

Telephone: (284) 494-6777 | Fax: (284) 494-6787

For more information, please contact us at: info@ccpbvi.com

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