The Trade Marks Act 2001 came into force in Anguilla on 12 August 2002. Chief amongst its provisions are the following:

·         Definition of Trade Mark expanded to UK 1994 Act definition.

·         International Classification adopted - existing registrations to be reclassified upon renewal.

·         Priority claims possible.

·         Duration 10 years with 6 month grace period.

·         Cancellation possible after 3 years? non-use.

·         Collective marks registerable.

·         Licensing possible only if proprietor exercises quality control.

·         Agent in Anguilla needed.

·         Re-registration of UK registrations still possible, but will be examined and may be refused if the mark is a geographical name, surname, flag or crest connected with Anguilla, or if it conflicts with a trade mark ?which is well known in Anguilla for identical goods and services of another enterprise?.

The transitional provisions, which seem to suggest that the term of all existing registrations has been reduced from 14 to 10 years, are currently being queried, as are the documentary requirements.
Further information will be posted on this website when it is received.

If you have any questions, please do not hesitate to contact us.