A New Trade Mark Law in the British Virgin Islands

A new Trade Marks Act is scheduled to come into effect in the British Virgin Islands (BVI) on 1 September 2015, ending the current dual filing system currently in place for trade marks.  It will therefore no longer be possible to register marks in the BVI on the basis of an existing UK registration.  Under the new law there will be provision for the registration of service marks and specifications drafted in accordance with the latest version of the Nice Classification will be accepted by the Registry.  The Registrar will also have discretion under the new law to reclassify specifications previously classified in accordance with the outdated system previously in place, after giving notice to the trade mark proprietor.  However, at this stage it is difficult to predict to what extent this discretion will be exercised.  Other changes include the shortening of the 14 year renewal period to 10 years, and the introduction of Paris Convention priority being accepted.