Trademark - Anguilla

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Filing Requirements:

Trademarks: Anguilla

Trademark/ Service Mark Requirements:

A trade mark can be registered in Anguilla pursuant to The Trademarks Act (2002) which provides for both local trademark applications dating from receipt of the application and applications to extend rights under a UK registration with effect from the date of registration in the UK.

For a Local and UK-based application the following information and documents are required:

Power of Attorney (form 6 – notarized).
Name of the trade mark.
10 prints of the mark (unless mark is word only).
Class(es) and specification of goods.
Details of the applicant.
Statement of Application and Declaration verifying Statement (notarized).
Certified copy of priority document (if priority is claimed).

Renewal Trademark/ Service Mark Requirements:

Simply signed power of attorney.
Certified copy of UK Renewal certificate.

Change of Name/ Address Requirements:

Simply signed power of attorney under new name.
Official document certifying the change of name.

Assignment Requirements:

Simply signed power of attorney.
Deed of Assignment notarized.
Authorization from assignee.
Affidavit verifying assignment, signed by assignee and notarized.
Statement of the matter for which trademark has been assigned, with accompanying signed and notarized affidavit.
Consideration is acceptable in any account, no Tax implications.
Stamp duty- $20 for filing affidavit verifying assignment, with Goodwill.
Pending applications may not be assigned, unregistered marks would only be recognized under common law.

Searches:

In order to conduct a search the only documentation required is the name of the trademark and one copy of the mark (unless mark is word only).
The result can usually be provided within a week.
If an official letter from the Registry advising the result of the search is needed that can take two weeks to obtain.

General Information:

Filing international registration under Madrid Agreement: No.

Filing international registration under protocol to Madrid Agreement: No.

Claiming priority under Paris Convention: No.

Classification of Goods/ Services: Local classification, multi-class filing.

Time until issuance of registration certificate: 6 months.

Registration duration: 14 years.

Opposition period: 2 months.

Renewal application: No renewal application.

Non-use: If the registered mark has not been used for consecutive 5 years prior to cancellation action, the cancellation action may be filed by an interested party.

Notes:

It usually takes about two months for the Registry to process a local application for registration.
A UK -based application usually takes about four weeks to be processed. Paris Convention priority can be claimed.
Once the registration is complete the Registry will issue a Certificate of Registration of Trademark (for a local registration) or a Certificate of Registration of UK Trademark (for a UK -based registration).