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For legal advice please contact:

HSM IP Ltd.
Grand Cayman, Cayman Islands (KY)

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Caribbean IP
West Palm Beach, FL 33401, USA (US)

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British Virgin Islands (VG)

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The Legal basis for the protection of trade marks is the Trade Marks Act 2013 and the Trade Marks Rules 2015 which have been in force since 1 September 2015.
It is not a member of the Madrid Agreement or the Madrid Protocol.
Trade mark protection is obtained by registration. The legislation also provides protection to owners of well-known trade marks which are entitled to protection under the Paris Convention or TRIPS.
11th edition of the Nice Classification.
A sign is registrable as a trade mark if it is can be graphically represented and distinguishes the goods and/or services of one person from those of another person.
Examples of acceptable trade marks include words, names, acronyms, letters, numbers, devices, colours, colour combinations, shapes, sounds, smells, tastes and any combination of signs.
The definition of trade mark encompasses trade marks, service marks, collective marks and certification marks.
An application is filed at the B.V.I. Financial Services Commission.
Multi-class applications are accepted.
An application can include goods and services in any number of classes, but with additional charges for each class.
Foreign applicants must have a local agent.
The application process includes a formal examination and a search for earlier trade marks which may be deemed similar.
A mark which is not inherently distinctive can be registered if distinctiveness has been acquired through use.
Trade mark applications accepted by the Registrar are published in the Official Gazette for opposition purposes.
The approximate time frame for completion of the registration process is usually 8-12 months.
National:
The opposition period is 3 months from the publication date of the application.
Protection begins from the application date. A trade mark shall be registered for a period of ten years from the date of Registration (which is the date of filing in accordance with section 57 of the Act) and may be renewed for further periods of ten years.
Practical details on grace periods for trademark renewals are available in our publication here
Practical details on trademark use requirements are available in our publication here
The official application fee is USD 200 for a word mark and USD 100 for each additional class.

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Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Aug 29, 2019
HSM IP Ltd., Grand Cayman, Cayman Islands  

Aug 14, 2019
Elkington & Fife LLP, London, United Kingdom

Jun 20, 2018
Caribbean IP, West Palm Beach, FL 33401, USA  

Mrz 27, 2017
Caribbean IP, West Palm Beach, FL 33401, USA  

Sep 18, 2015
Caribbean IP, West Palm Beach, FL 33401, USA  



HSM IP Ltd.



Sophie Peat

Sophie Peat
68 Fort Street, George Town
KY1-1207 Grand Cayman
Cayman Islands (KY)
Tel +1 345 949 4766
Fax +1 345 946 8825
info@hsmoffice.com
www.hsmoffice.com

HSM IP Ltd. provides worldwide intellectual property services. Based in the Cayman Islands and independently owned and operated, our experienced team of attorneys and paralegals deliver first class service to a broad client base which includes major Fortune Global 500 brand owners, international law firms and other specialist IP practices. Our broad perspective, practical approach and international experience allow us to offer clients a unique insight into IP issues internationally. The success and growth of our firm is due to our keen understanding of our clients’ needs for a comprehenisve “one-stop shop” which encompasses a wide range of services from the initial consultation process to searches, registrations, annuity payments and monitoring and renewals. We offer a competitive schedule of fixed fees, inclusive of both disbursements and official fees, which means we can provide clients with an accurate estimate of their project costs before embarking on a global filing programme for their portfolio. We have a wealth of knowledge and specialise in the Caribbean, Central and Latin America and other off shore jurisdictions. Our staff regularly contribute to leading IP publications and we also publish a range of country-specific IP Client Guides which are available on our website.

Caribbean IP



Katherine Van Deusen Hely

Katherine Van Deusen Hely
224 Datura Street, Suite 513
West Palm Beach, FL 33401
USA (US)
Tel + 1 561 283 1800
Katherine@Caribbean-IP.com
www.Caribbean-IP.com

Caribbean IP is an intellectual property law firm focusing on trademark and other IP services across 26 Caribbean jurisdictions. The firm prides itself on handling trademark searches, registrations, renewals, recordals, oppositions, and enforcement matters in a time- and cost-efficient manner. Katherine founded Caribbean IP in 2014, after working for several years in another Caribbean-focused practice. She and her partner Patrick Hely and their team work with clients from around the world, including numerous Fortune 500 companies and top-ranked law firms. The Caribbean IP team has experience handling all aspects of trademark practice across the Caribbean region.

Katherine obtained a Legal Education Certificate from the Eugene Dupuch Law School in The Bahamas and a Doctor of Jurisprudence from Vanderbilt University. She is a member of the Florida Bar and an active member of the International Trademark Association, where she is currently serving as Vice Chair of the INTA Bulletins Committee. She regularly writes articles on trademark law developments in the Caribbean for INTA and other global publications.

B.V.I. Financial Services Commission
Office of the Registrar of Trade Marks, Patents and Copyright
Pasea Estate
P.O. Box 418
Road Town
Tortola
VG 1110
British Virgin Islands
Tel +1 284 494 1324 or +1 284 494 4190
Fax +1 284 494 5016
Mail trade_marks@bvifsc.vg or commissioner@bvifsc.org
www.bvifsc.vg