Following a comprehensive review of the existing trade mark laws of the British Virgin Islands (BVI), we await the publication of the Proclamation in the Government Gazette to implement the new Trade Marks Act, 2013.  This will repeal the Trade Marks Act (Cap. 158) and the Registration of United Kingdom Trade Marks Act (Cap. 157).

Once the new Act is effective, the existing 'dual' registration system, which provides for the filing of either independent or UK-based applications, will be replaced by a single system for filing independent registrations.

In brief, the following changes are expected:

  • Provision for the registration of service marks
  • Provision for the registration of collective and certification marks
  • Adoption of the Nice Classification (10th Edition)
  • Revision of the renewal term from 14 to 10 years

Please note that the new legislation will introduce a number of changes and we will communicate further information once the new law takes effect.

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