BVI

 

Lysaght offers a complete IP service in this country, assisting clients in the filing, registration, recordal and renewal of their IP rights. For further information and our prices, please e-mail us with your specific enquiry.

 

TRADE MARK INFORMATION  
Classification
International, Nice 10th Edition
Multi-class
Goods and services can be registered
Priority 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)

Priority Convention priority cannot be claimed
Duration 20 years from the effective filing date (i.e. from the parent filing date for reregistration patents)
Annuities

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.