British Virgin Islands Trade Mark Guide

Registration
A trade mark can be registered in the British Virgin Islands (BVI) pursuant to the Trade Marks Act 2013 which provides for local trade mark applications.

The following information and documentation is required:

1. name of the trade mark
2. one copy of the mark (unless mark is word only)
3. class(es) and specification of goods
4. applicant’s name and address

It usually takes between 7-12 months for the Registrar to process an application for registration. Paris Convention priority can be claimed. Once the registration is complete the Registrar will issue a Notice of Registration of Trade Mark in the Virgin Islands.

Use
The date of first use or Intent to Use is required.

Classes
The International Classification system is used. Multi-class applications are allowed.

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 5-7 working days.

Renewal
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Six 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. No documentation is required in order to file an application for renewal.

The application for renewal must be filed prior to the expiration date of the registration.

It usually takes six months or less for the Registrar to process an application for renewal. Once the renewal is complete the Registrar will issue a Notice of Renewal.

If you do not wish to renew the mark please inform us so that we can advise the Registrar 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 Registrar accordingly. This will avoid us sending out unnecessary Reminder Notices.

Restoration
It is possible to make an application to the Registrar to restore an expired trade mark within six months of the expiration date upon payment of the Renewal fee, late fees and Restoration fees.

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 BVI.

To record the assignment of a trade mark registration the only documentation required is the Deed of Assignment (notarised).

It usually takes six months or less for the Registrar to process an application to record an assignment. Once the recording is complete the Registrar will issue a Notice of Registration of Subsequent Proprietor.

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 BVI.

To record a change of name and/or address for a trade mark registration the only documentation required is the document evidencing the change (notarised).

It usually takes six months or less for the Registrar to process an application to record a Change of Particulars. Once the recording is complete the Registrar will issue a Certificate of Recording showing the change.