Trademark registration in Anguilla can be filed through the Registrar of Companies, The Commercial Registry the Government of Anguilla. In addition to local registration, businesses who want to expand their activity to this territory may also apply for a registration based on a UK trademark. Applications can be filed at any time during the period of the UK trademark and will be terminated along with the UK trademark.
Trade and service trademarks can be registered in Anguilla under the Nice Classification system. No prior use is necessary but non-use for five years following registration will subject the trademark to action for removal. International Priority is available.
The Trademarks Act provides for local trademark applications with registration dating from receipt of application. The registration of the UK Trademarks Act provides for applications to extend rights under a UK registration to Anguilla with effect from the date of registration in the UK.
However, an infringement complaint in Anguilla of a UK-based registration can only be filed after the date of registration in Anguilla.
Trademark registration process in Anguilla
Registering a trademark can be done either locally through Anguilla’s Commercial Online Registration Network (ACORN). Though, if businesses have already registered the trademark in the United Kingdom, its protection period may be extended to this territory. The registration process in Anguilla can be done much quicker if an already registered trademark in the UK is available.
- The registration process in the United Kingdom is one of the fastest in the world. The average registration process takes approximately 3 months to complete.
- Trademarks don’t need to be used in the United Kingdom to file it. Use is not a requirement for a trademark to be accepted and registered. However, previous use of the trademark may be useful when dealing with objections raised on the grounds of lack of distinctiveness.
- A trademark application in the United Kingdom will be examined by the Intellectual Property Office. During the examination process, the office will carry out a UK IPO trademark search. Trademark objection may be received for reasons other than the existence of previous trademarks. If no objections are raised the application will be published in the United Kingdom trademark journal.
- After a trademark is published there is a 2 month period for third parties to present opposition actions. The 2 month time for trademark opposition may be extended to 3 months.
Objection and renewal of trademark in Anguilla
To oppose the registration of a trademark in Anguilla, oppositions will have to be presented within one (1) month from the date on which the application was published in the local gazette. The probabilities of success for the objection of a trademark in Anguilla will be different with each distinct case and circumstance.
The registration of a trademark in Anguilla will last for ten (10) years from the application date. It may be renewed indefinitely every ten (10) years. Trademarks may be renewed up to 1 year before their expiration dates. If a trademark in Anguilla is not renewed before its expiration date, trademark owners may still file a renewal request up to 6 months after the expiration date upon payment of a surcharge.
You can see a list of Anguilla IP firms here.