Make Way for Modernization in British Virgin Islands – Complete Overhaul of Current Trademarks Regime as of September 1, 2015

On September 1, 2015, the British Virgin Islands’ new Trade Marks Act, 2013 and Trade Marks Rules, 2015 will go into effect, ending the dual filing system currently in place for trademarks. Once the new laws go into effect, it will no longer be possible to register marks in BVI on the basis of an existing UK registration.

I wish I was here

For many years, this has been a relative fast track to registration for UK mark owners. For trademark owners without an existing UK registration, the current regime requires application within the local system. At present, the local system allows new filings for goods only, and all goods must be classified according to the antiquated British classification system.

Long outdated, this classification system does not afford adequate protection for many mark owners. Under the new regime, all applications will be made within the local filing system, and finally it will be possible to register both goods and services according the International Classification system. New fees have not yet been set but should be determined before the September 1st implementation of the new trademark laws.

Post written by Katherine Van Deusen Hely (Caribbean IP).