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The marks which are eligible for trade mark registration in Anguilla are - Word, Name, Device, Three-dimensional shape, Slogan, Colour, Smell, Sound, Hologram, Motion, Touch, and Trade dress or get-up.
Overview of Trademark Registration in Anguilla
Anguilla comes under the jurisdiction of the United Kingdom of Great Britain. The main advantage of trademark registration in Anguilla is the absence of taxation in its territory for both residents and foreign investors. This makes it possible to legitimately avoid paying income tax.
Trademark registration in Anguilla is carried out through the Trademarks Act 2002, which provides for both local trade mark applications dating from receipt of the application and applications for extending rights under a UK registration with effect from the date of registration in the UK.
Authority Responsible for Trademark Registration in Anguilla
Anguilla's Commercial Online Registration Network (ACORN) is a state-of-the-art company registration system developed in Anguilla with assistance from Companies House UK and the UK Government.
The legislation dealing with trademark registration in Anguilla are -
- The Trade Marks Act pursuant to which trademarks are registered generally;
- The Registration of United Kingdom Trade Marks Act which deals with registration of the already registered trademarks of UK in Anguilla
Eligible Marks for Trademark Registration in Anguilla
The below-mentioned marks can be registered as trademarks in Anguilla
Word, Name, Device, Three-dimensional shape, Slogan, Colour, Smell, Sound, Hologram, Motion, Touch, Trade dress or get-up
Ineligible Marks
The following marks are not acceptable for registration-
- Marks identical with an already existing trademark with regard the same goods or description of goods; or
- Marks that are deceptive or calculated to deceive; or
- Marks having a scandalous design; or
- The mark is descriptive of the goods to which it relates
Documents Required for Trademark Registration in Anguilla
The documents for trademark registration in Anguilla vary on the type of application, such as
For a local application, the below-mentioned information and documentation are required:
- Name of the trade mark 2.
- 10 prints of the mark (unless the mark is a word only)
- class(es) and specification of goods and/or services
- applicant’s name and address
- Power of Attorney (Form 6 – notarised)
- certified copy of the priority document (if priority is claimed)
For a UK-based application, the following information and documentation are required:
- Name of the trade mark
- 10 prints of the mark (unless the mark is a word only)
- class(es) and specification of goods and services
- applicant’s name and address
- certified copy of the UK Certificate of Registration issued by the Intellectual Property Office of the UK (UK IPO)
- Power of Attorney (Form 6 – notarised)
Procedure for Trademark Registration in Anguilla
The entrepreneur intending to register a trademark in Anguilla must follow the below-mentioned procedure -
Identification of the class of goods/services
As per the International Classification of Goods and Services prescribed by the Nice Agreement, the trademark can be classified into a total of 34 classes of goods & 11 classes of services. The Registrar shall be applying the International Classification for all matters related to the registration and publication of marks.
Filing the Application for Anguilla Trademark Registration
The entrepreneur is required to file the application through Form 1 and sign the same an application may be made for the registration of a trademark for goods/services in one or more classes of the International Classification.
The date on which the name, the address of the applicant, a reproduction of a trademark, and a specification of goods/services are received by the Registrar shall be considered as the date of the application the date on which. They shall, in writing, notify the application number and the filing date.
Examination for conflicts with existing trademarks and law
Upon receipt of the application form, the Registrar shall review the documents to ensure compliance with the minimum requirements.
If, upon the examination, the Registrar objects to the application, he shall notify about the same to the applicant in writing with all the relevant details inviting the applicant to make amendments to the application, submission of his observations in writing or for applying for a hearing within 2 months from the date of the notification. In the event of the non compliance of the same by the applicant with the request within the set period, the application is deemed to have been withdrawn by the applicant.
Advertisement for public
The next step of the procedure is the publication of an advertisement by the Registrar inviting the opposition in reference to the trademark
Opposition
The opposing party within prescribed period and in the prescribed manner give notice to the Registrar of opposition to the registration of the trademark specifying the grounds of opposition which can be the non fulfilment of the perquisites pertaining to the definition of trademark.
Successful registration
If no opposition has been received or the outcome of the opposition hearing favours the applicant, the Registrar shall register the trademark, publish a reference to the registration and issue to the applicant a Certificate of Registration.
Priority
The Paris Convention priority can be claimed by the applicant within 6 months of the date of filing of the foreign trademark application. If the applicant claims such priority, a certified copy of priority must be filed by the applicant.
The application for registration of a trademark may consist a declaration claiming the priority, as provided for in the Paris Convention, of an earlier national or regional application filed by the applicant or his predecessor in title.
Where an application contains a declaration under this section, the Registrar may require the applicant to furnish, within the prescribed time, a copy of the earlier application certified as correct by the registry with which it was filed.
The effect of the declaration shall be as provided in the Paris Convention.
Where the Registrar finds that the requirements under this section and the Regulations haven’t been fulfilled, the declaration shall be considered not to have been made
Use
The prior use of the trademark isn’t necessary, but the non-use for five (5) years post-registration makes the trademark subjected to action for cancellation.
Renewal of Trademark Registration in Anguilla
Similar to the documentation, the renewal of the trademark registration can be for local trademark registration or UK-based trademark registration
The validity of a local trade mark registration is 10 years, after which it can be renewed for like periods.
If the local registration is to be renewed, the only requisite document is one print of the mark (unless the mark is a word only) and a Power of Attorney (Form 6 – notarized).
The validity of A UK-based trade mark registration is the same as given in the UK Certificate and can be renewed once the underlying UK registration has been renewed. In case of renewal of the UK-based registration, the applicant must provide the following documents.
- One print of the mark (unless the mark is a word only),
- A certified copy of the UK Certificate of Registration showing the renewal issued by the UK IPO and
- A Power of Attorney (Form 6 – notarized).
The application for renewal must be filed within six months prior to the expiration date of the registration. A grace period of six months, however, is permitted from the expiration date for the filing of the application for renewal upon payment of a late fee. After that time, a new application for registration would be needed.
Frequently Asked Questions
The following marks are not acceptable for registration-
- Marks identical with an already existing trademark with regard the same goods or description of goods; or
- Marks that are deceptive or calculated to deceive; or
- Marks having a scandalous design; or
- The mark is descriptive of the goods to which it relates
Yes. The Nice Classification system is applicable for company registration in Anguilla.
No, The Community Trademark isn’t effective in Anguilla.
Yes. Priority can be claimed if these conditions are satisfied:
- The applicant’s home country is a member of the Paris Convention
- The home application date is within 6 months prior to the application date in Anguilla
