BRITISH VIRGIN ISLANDS
Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.
trade mark information
Types of Trade Mark
Classification
International, Nice Classification;
Multi-class;
Goods and services can be registered.
International Arrangements
Whilst the BVI is not currently a member of the Paris Convention, there is provision in the law to allow priority claims to be made.
Renewal
Renewable every 10 years from the local filing date;
There is no longer a grace period. Once the trade mark registration expires it is removed from the register, but it can be restored within 6 months after the expiration date by paying a penalty and restoration fee plus the renewal fee that was missed.
Use Provisions
Non-use of a mark for a period of 3 years from registration renders it open to an action for cancellation by third parties. Please note that "use" must consist of actual sales in the British Virgin Islands.
Patent information
Types of Patent
Reregistration of UK/EP(UK) patents;
Substantive patents (in principle, but extremely rare in practice).
International Arrangements
Convention priority cannot be claimed.
Duration
20 years from the effective filing date (i.e. from the parent filing date for reregistration patents).
Renewal
Annuities are payable on each anniversary of the parent filing date (for reregistration patents), once the BVI application has been filed and provided that the UK renewal fee has firstly been paid;
For local applications, the law provides that annuities are payable on the 4th, 6th, 7th, 8th, 9th, 10th, 11th, 12th & 13th anniversaries of the filing date.
design information
UK design registrations extend automatically to the BVI.
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