The House of Assembly of the British Virgin Islands has, on 30 April 2013, passed a new Trademark Act and will effectively come into force on 1 September 2015.
The implementation of the new act will substitute the current Trademark Act (Cap. 158) of 1887 and the United Kingdom Trademarks Act (Cap. 157) of 1946. The Act will also end the current dual registration system, under the provisions of which an application may either be filed independently or based on a UK registration.
A UK-based application should be filed well before the current legislation is revoked to allow trademark owners to take advantage of the existing provision.
The new legislation includes several new provisions, such as:
- Provision for service marks, defensive marks, series marks, certification marks, and collective marks;
- Adoption of the 10th Edition of the Nice classification;
- Provision for multi-class registration;
- Protection for well-known marks;
- Priority may be claimed under the provisions of the Paris Convention;
- Renewal period revised from 14 to 10 years;
- Provision for removal after three years´ non-use;
- Provision for recordal of licenses;
- Provision for recordal of assignments without goodwill, and
- Compulsory preliminary searches (under review).
For more explanation you can contact [email protected].