Registration of Trade Marks in the British Virgin Islands

A trade mark is usually defined as a distinctive sign of some kind which is used by a business to uniquely identify itself and its products and services to consumers as well as to distinguish the business and its products or services from those of other businesses.

Conventionally, a trademark includes a name, word, phrase, design, image, logo, symbol or a combination of these elements. Customers can recognise your products or services by trade mark – so, it can be used as a marketing tool.

You can register a trade mark in the BVI like in any other non-offshore jurisdiction.

The application for trade mark is to be filed with the Registry of Trade Marks of the British Virgin Islands and it will be published in the BVI Official Gazette. Within 3 months after the date of the first publication opposition against the application may be filed by anyone claiming to have that right. Then, the Registry grants registration of the mark for 14 years (which is a renewable period) and gives the corresponding certificate of registration.

You can register the trademark yourself, however in the BVI like in other countries it is better to delegate this job to professionals. The Registrar of Trade Marks of BVI may register a trade mark on application by or on behalf of any person who claims to be the proprietor of a trade mark.

To register a trademark in the BVI, the following documents are required:

1. Statement by the Applicant containing the name and address of the applicant, the description or reference to a description of the trade mark to be registered, the class or classes of goods, the particular description or descriptions of goods of this class (classes). If a trade mark is already in use, the length of time of it being used. The Statement must be accompanied with the declaration describes below.
2. Power of Attorney that authorises the Agent to file it on behalf of the Applicant.
3. Declaration by applicant that verifies the statement and declares that the applicant is lawfully entitled to use the trade mark.
4. If the trade mark consists of a distinctive device, mark, brand, heading, label or ticket, an ink stamp showing the trade mark is also required.

The Power of Attorney should be issued by the company which owns the trademark, signed by its director, president or other person with equivalent powers, there should be indicated the address of the company and country of incorporation.

The declaration and the Power of Attorney must be notarised by a Notary Public.If they are signed outside of the BVI, the Apostille authentication or authentication in the closest British Consulate is required.

Brian Obvi,
Offshore Analyst

Article any source