Trademarks are assigned through the Registrar of Companies, The Commercial Registry the Government of Anguilla. A trademark is valid for 10 years and may be renewed for further periods of 10 years each. In addition to local registration, you may also apply for a registration based on a UK trade mark. Applications can be at any time during the life of the UK trade mark and will expire with UK trade mark.
Trade and service marks 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 mark to an action for cancellation. International priority is available. The registration term on local registrations is 10 years and renewable for like periods; the term of trademarks registered as UK extensions is coterminous with the underlying UK registration.
The Trademarks Act provides for local trademark applications with registration dating from receipt of application. The Registration of UK Trade Marks Act provides for applications to extend rights under a UK registration to Anguilla with effect from the date of registration in the UK, but an action in Anguilla for infringement of a UK-based registration can only complain of infringement occurring after the date of registration in Anguilla.
A late fee of US$90.00 is required if the trademark is not paid on or before the due date. If an Agent has a Power of Attorney on file then there is no need to file another (providing it is the Power as stipulated in the Act). A power has to be filed with all applications filed at the registry whether renewals, assignments etc... If there is a change of agent then the new Agent must supply a new Power.
| Registration of a Local trade Mark | Registration of a UK Trade Mark |
|---|---|
| The Process | The Process |
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Contact the Registry to conduct a Trade Mark search. Searches attract a fee of $10 US. Contact a local Agent to file your UK Trade Mark (if you are not a resident of Anguilla). Complete and notarize a Power of Attorney for your agent using form No. 6 from the Trademark Regulations. Complete your application using Form No. 1 and submit the required payment ($250 for the first class and $50 for each additional class). Submit your application form including the classes and goods (attach copies of your logo, or any graphical representations of your mark), Power of Attorney, any additional evidence, and a cheque. Your payment will be processed and a receipt will be issued. Your application will be assigned a name and number. A notice will be prepared and advertised in the Official Gazette. Oppositions will be allowed up to 1 month after publishing. If there are no oppositions, your certificate will be prepared. You will be notified that your application has been completed. (6 weeks – 3 months) You will receive your official Trade Mark certificate. Your Trade Mark will be added to our database. Legislative Requirements:5. (1) Every application for registration of a trademark shall be filed with the Registrar and shall be subject to the payment of the prescribed fee. ($250) (2) Every application— Shall contain—
(b) in the case of an application for registration of a collective mark or certification mark, shall designate the mark as a collective mark or certification mark and shall be accompanied by a copy of the regulations governing the use of the collective mark or certification mark. This information shall be submitted to the Registry using form No. 1. Where an applicant’s ordinary residence or principal place of business is outside Anguilla, he shall be represented by an Agent resident in Anguilla. (1)The registration of a trademark shall be for a period of 10 years from the filing date of the application for registration. (2) The registration of a trademark may, upon request, be renewed for consecutive periods of 10 years, if the registered owner pays the prescribed renewal fee. ($150) (3) A grace period of 6 months shall be allowed for the late payment of the renewal fee on payment of the prescribed surcharge. ($90US) Priority applications must include a Declaration of Priority affidavit. Colour Claims, Prority Claims, and Disclaimers must be listed on the additional information section of the application form. In regards to section (3), the standard process of the Registry is to apply the $90US late fee on the day following expiration, and to allow 6 months for renewal, after which the mark may become liable to be struck from the Register. |
Contact the Registry to conduct a Trade Mark search. Contact a local Agent to file your UK Trade Mark. Complete and notarize a Power of Attorney for your agent using form No. 6 from the Trademark Regulations. Complete your application using Form No. 1 and submit the required payment ($200 for the first class and $50 for each additional class). Submit your application form including the classes and goods (attach copies of your logo, or any graphical representations of your mark), Power of Attorney, any additional evidence (an original UK Certificate is required), and a cheque. Your payment will be processed and a receipt will be issued. Your application will be assigned a name and number. You will be notified that your application has been completed. (6 week - 3 months) You will receive your official Trade Mark certificate. Your Trade Mark will be added to our database. Legislative Requirements:5. (1) Every application for registration of a trademark shall be filed with the Registrar and shall be subject to the payment of the prescribed fee. ($250) (2) Every application— (a) shall contain—
(b) in the case of an application for registration of a collective mark or certification mark, shall designate the mark as a collective mark or certification mark and shall be accompanied by a copy of the regulations governing the use of the collective mark or certification mark. This information shall be submitted to the Registry using form No. 1. Where an applicant’s ordinary residence or principal place of business is outside Anguilla, he shall be represented by an Agent resident in Anguilla. (1)The registration of a trademark shall be for a period of 10 years from the original UK filing date of the application for registration. ($250US) (2) The registration of a trademark may, upon request, be renewed for consecutive periods of 10 years, if the registered owner pays the prescribed renewal fee. ($150) (3) A grace period of 6 months shall be allowed for the late payment of the renewal fee on payment of the prescribed surcharge. ($90US) In regards to section (3), the standard process of the Registry is to apply the $90US late fee on the day following expiration, and to allow 6 months for renewal, after which the mark may become liable to be struck from the Register. |