TRADEMARK









Summary

Although the British Virgin Islands operates an independent Trademarks Registry, it also allows for extension of the rights and privileges afforded to the holder of a UK registration. In the Cayman Islands, registration can only be secured through re-registration, which effectively extends the rights and privileges obtained in the UK to the Cayman Islands.

Trademark/Service Mark Registration Questionnaire

To ensure that all information required to complete the application process is available (and to avoid any delay in filing), a questionnaire is to be completed and returned with all filing instructions. It is particularly important to provide a comprehensive list of all goods/services intended to be covered by the application, as it is not possible to widen the scope of a specification post filing. Where application is to be made for a color mark, or for a mark which contains a particularly detailed device element, it is necessary to provide 6 clear prints of the mark.

General Authorization of Agent

An application will not be accepted by the Intellectual Property Office, (or a filing date allocated to such an application), if it is not accompanied by an authorization of agent form simply signed by an authorized representative of the applicant. A faxed copy of the signed authorization of agent is acceptable for filing purposes.


Requirements

Note: An application can either be based on a UK registration, or be filed as a local/substantive case)

Based on a UK Registration:

Required Documents:

  1. Power of Attorney signed by the applicant before a Notary Public.

  2. Certified Copy of the UK registration upon which the application is to be based.

  3. Fifteen clear prints of the mark if it is not a word mark.

Local/Substantive Application:

Note: Service classes cannot be registration through this "route", and the Pre-1938 UK Classification system (Schedule III) is used, which differs considerably from the International Classification system used in most countries around the world.

Required Documents:

  1. Power of Attorney signed by the Applicant before a Notary Public.

  2. Declaration signed by the applicant before a Notary Public.

  3. Form "A" signed by the applicant before a Notary Public.

  4. Fifteen clear prints of the mark if it is not a word mark.



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