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. |
Wed, 04/10/2017 - 15:54
Two of the strongest hurricanes in living memory, Hurricanes Irma and Maria, passed over the British Virgin Islands (BVI) within days of each other in September 2017, causing widespread destruction. As a result, the vast majority of businesses and government departments in the BVI closed.
Fri, 29/05/2015 - 07:51
The Trade Marks Act 2013 is due to enter into force in the British Virgin Islands (BVI) on 1 September 2015.
The existing law allowed for the registration of applications filed locally, as well as for the re-registration of existing national UK trade marks. However, locally filed applications had to be classified in accordance with the old British classification system of 50 goods classes.
The new law adopts the 10th Edition of the Nice Classification system, and service marks may be...
Mon, 07/04/2014 - 09:00
We have just learnt of the issuance on 5 March 2014 of a new Statutory Instrument in the British Virgin Islands (BVI), which included a provision to the effect that renewal fees are now payable annually in respect of patent cases in the BVI. Upon seeking further clarification of this new requirement, we have ascertained that an annual renewal fee of US$50 is payable in respect of all pending patent applications and granted patents, which becomes payable once the corresponding UK or EP(UK)...
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