The British Virgin Islands (BVI) has been the destination for several companies due to its cost effective and simple incorporation process.
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Any business that wishes to establish a national or international firm should take steps to protect the use of its name, logo or other intellectual property, such as patents right, copyright, designs, trademarks, …etc. The intellectual property associated with a business name or a system can become one of the most valuable assets when it is properly protected. The British Virgin Islands with 0% corporation tax is a popular choice for the holding of intellectual property.
With our experience, we will able to assist you in submitting the application. If there are no deficiencies in the application and no objections to the trademark then the whole application process can take about 7 to 12 months for the Registrar of Trade Marks, Patents and Copyright (the "Registrar") to process an application for registration.
According to the International Classification of Goods and Services as prescribed by the Nice Agreement to classify trademarks, you has to decide on the types of goods/services for which trademark registration is sought. Multi-class applications will be allowed if your goods/services match with more than one types in the Nice Agreement.
When you already determined the type of your goods/services, there will be a requirement to search if it existed or not. In order to conduct a search, you will only have to provide us the name of the trademark. The result will be provided within 5-7 working days.
An application for the registration of a trademark shall be filed in Form TM1 and submitted to the British Virgin Islands Registrar. The Registrar shall assign a registration number, upon the filing for an application.
An application for the registration of a trademark maybe made in more than one class of the Nine Classification and shall specify the class or classes of goods/services to which the application relates.
Once receiving the application form, the Registrar will review the documents to make sure it satisfied the minimum requirements according to the Trade Marks Rules 2015
When it appears to the Registrar that the application does not satisfy the minimum requirement, they shall send a notice inform that has not been satisfied and directing to comply with the requirement. If after 60 days period, the applicant fails to comply with a notice, the application shall be treated as abandoned or never to have been made.
When all of the above step are successfully completed, the application will be published and made available to the publication in the Gazette. Once approved by the Registrar, a trade mark is registered as of the date of the filing of the application for registration.
Within 2 months, any interested party will be able to oppose the registration. If the office receives an objection from the opponent, the applicant will be notified and must respond. A decision will be made after fearing both parties.
A trade mark registration is valid for 10 years after which it can be renewed for like periods. Six months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse.
The application for renewal must be filed in Form TM 11, prior to the expiration date of the registration.
It usually takes six months or less for the Registrar to process an application for renewal. Once the renewal is complete the Registrar will issue a Notice of Renewal.
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