HSM

Anguilla Trade Mark Guide

Registration 
A trade mark can be registered in Anguilla pursuant to The Trademarks Act 2002 (Act 8 of 2002) which provides for both local trade mark applications dating from receipt of the application and applications to extend rights under a UK registration with effect from the date of registration in the UK.

For a local application the following information and documentation is required:

  1. name of the trade mark
  2. 10 prints of the mark (unless mark is word only)
  3. class(es) and specification of goods and/or services
  4. applicant’s name and address
  5. Power of Attorney (Form 6 – notarised)
  6. certified copy of priority document (if priority is claimed)

For a UK-based application the following information and documentation is required:

  1. name of the trade mark
  2. 10 prints of the mark (unless mark is word only)
  3. class(es) and specification of goods and services
  4. applicant’s name and address
  5. certified copy of UK Certificate of Registration issued by the Intellectual Property Office of the UK (UK IPO)
  6. Power of Attorney (Form 6 – notarised)

It usually takes about four months for the Registry to process a local application for registration. A UK- based application usually takes about eight weeks to be processed. Paris Convention priority can be claimed. Once the registration is complete the Registry will issue a Certificate of Registration of Trademark (for a local registration) or a Certificate of Registration of UK Trademark (for a UK-based registration).

Classes
The International Classification system is used. Multi-class applications are allowed. A UK-based application, however, is restricted to the number of classes specified on the UK Certificate.

Registrations prior to 2003, when the International Classification system was not used, will be re- classified upon renewal.

Searches
In order to conduct a search the only documentation required is the name of the trade mark and one copy of the mark (unless mark is word only). The result can usually be provided within a week.

Renewal
A local trade mark registration is valid for 10 years after which it can be renewed for like periods. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the local registration is to be renewed the only documentation required is one print of the mark (unless mark is word only) and a Power of Attorney (Form 6 – notarised).

A UK-based trade mark registration is valid for the same period that is shown on the UK Certificate and can be renewed once the underlying UK registration has been renewed. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the UK-based registration is to be renewed the documentation required is one print of the mark (unless mark is word only), a certified copy of UK Certificate of Registration showing the renewal issued by the UK IPO and a Power of Attorney (Form 6 – notarised).

The application for renewal should be filed within six months prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee. After that time a new application for registration is required.

It usually takes six weeks or less for the Registry to process an application for renewal. Once the renewal is complete the Registry will issue a Certificate of Renewal of Registration of Trademark (for a local registration) or a Certificate of Renewal of Registration of Trademark in Anguilla (for a UK-based registration).

If you do not wish to renew the mark please inform us so that we can advise the Registry accordingly.

Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Registry accordingly. This will avoid us sending out unnecessary Reminder Notices.

Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in Anguilla.

To record the assignment of a local trade mark registration the documentation required is the Deed of Assignment (notarised) or a Declaration verifying the assignment (notarised) and a Power of Attorney (Form 6 – notarised).

To record the assignment of a UK-based trade mark registration the documentation required is a certified copy of the UK Certificate of Registration showing the assignment issued by the UK IPO, the Deed of Assignment (notarised) or a Declaration verifying the assignment (notarised) and a Power of Attorney (Form 6 – notarised).

It usually takes about six weeks for the Registry to process an application to record an assignment. Once the recording is complete the Registry will issue a Certificate of Recording of Change of Ownership.

Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Anguilla.

To record a change of name and/or address for a local trade mark registration the only documentation required is the official document evidencing the change (notarised) or an Affidavit certifying the change (notarised) and a Power of Attorney (Form 6 – notarised). For amendments to the mark the documentation required is six prints of the amended mark (unless mark is word only), a Declaration of change (notarised) and a Power of Attorney (Form 6 – notarised).

To record a change of name and/or address for a UK-based trade mark registration the documentation required is a certified copy of the UK Certificate of Registration showing the change issued by the UK IPO, the official document evidencing the change (notarised) or an Affidavit certifying the change (notarised) and a Power of Attorney (Form 6 – notarised). For amendments to the mark the documentation required is six prints of the amended mark (unless mark is word only), a certified copy of the UK Certificate of Registration showing the change issued by the UK IPO or a Declaration of change (notarised) and a Power of Attorney (Form 6 – notarised).

It usually takes about six weeks for the Registry to process an application to record a Change of Particulars. Once the recording is complete the Registry will issue a Notice of Change of Name and/or Address.

Contact

E-mail: ip@hsmoffice.com

Tel: +1 (345) 949-4766

 

Mail:

PO Box 31726, Grand Cayman KY1-1207

Cayman Islands

 

Courier:

HSM, 68 Fort Street, George Town

Grand Cayman, Cayman Islands

MEMBERSHIPS

The firm is a member of INTA, CITMA, AIPLA and IPCA