Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 6 months, if no objections or oppositions arise.
If I register my trademark in Anguilla, do I have protection in other territories?
No. The protection for a registered mark is limited only in Anguilla.
Do I need to sign a Power of Attorney?
Yes. A Power of Attorney is needed to complete the application process.
Are there any benefits from a pre-filing use of the trademark?
Pre-filing use benefits are minimal. It can be used as a defence against opposition to application.
Will there be problems in case I don’t use my trademark after registration?
When a registered trademark is not in used, its registration can be removed.
What are the types of trademark that can be registered in Anguilla?
The following marks are allowed for registration:
- Three-dimensional shape
- Trade dress or get-up
What are the phases of application after a trademark has been filed in Anguilla?
Trademark application in Anguilla goes through 3 phases. The examination phase is the process of checking whether the applicant met all requirements for registration. The publication phase is the process of making the application details accessible to public via publication. If requirements are satisfied and all oppositions are successfully overcome, the registration will be granted.
What type of trademark is not registrable?
The following marks are not acceptable for registration:
- Generic words
- Marks that are against public order or moral standards
- Non-distinctive marks
- Marks that use name, flag or symbol of a state, nation, region or international organization
Does Anguilla use the "Nice Classification" system?
Yes. Anguilla follows the Nice Classification system.
Does the Community Trademark apply for Anguilla?
No. The Community Trademark is not effective in Anguilla.
Is there any possibility to claim priority in Anguilla?
Yes. Priority can be claimed if these conditions are satisfied:
- The home country of the applicant is a member of the Paris Convention
- The home application date is within 6 months prior to application date in Anguilla
What do I need to do to satisfy the use requirement?
The trademark must be used within 3 years after registration. It is also required to use the trademark within Anguilla’s jurisdiction at least once every 3 years.
Once my trademark has been registered, for how many years will be valid?
The registered trademark is valid for 10 years starting on the date of application.
What will be the renewal date of my trademark?
The trademark will be renewed 10 years from the date the registration was granted.
Is it legal to use my trademark even if it is not yet registered?
It is legal to use unregistered marks for goods and services.
Does having a registered trademark in Anguilla give me any right?
Registration is mandatory to establish rights to a trademark; this is a "first to file" jurisdiction.
What is the web address of the trademark national office?
The national office of trademark registration in Anguilla does not have a website address.
Is there any need to use my trademark before I apply for registration?
No. It’s not a requirement for application of registration.
Can a Trademark Application be opposed?
Yes. Opposition to a trademark application is possible on these grounds:
- Proprietary rights are violated
- Mark is descriptive, misleading, not distinctive, generic or deceptive
- Mark is against moral principles or public policy
Mark is inclusive of a geographical indication
Who can contest my trademark application?
Anyone can contest your application for a trademark.
Is it possible to cancel a registration?
Yes. A trademark’s registration can be cancelled on the following reasons:
- Mark is not distinctive
- Mark is descriptive
- Mark is deceptive or used in misleading ways
- Mark is generic
- Mark is against moral standards or contrary to public order
- Mark is against Article 6ter of the Paris Convention
- Mark does not satisfy Section VIII.A. Use Requirements
Are there any rights established by having a registered trademark?
Yes. Owners of a registered trademark secure the following rights:
- Exclusive right to use the mark exclusively
- Right to oppose subsequent conflicting applications
- Right to request for the cancellation of subsequent conflicting registrations
- Right to bring take legal actions against infringing parties
- Right to receive compensation or damages from infringing parties
- Right to license other parties to use the trademark
- Right to request for the confiscation of counterfeit or fake imported goods
How long is the opposition period?
The opposition period starts on the publication date and ends one month later.
Is Anguilla a member of the Madrid System?
No. Anguilla is not a signatory of either the Madrid Protocol or the Madrid Agreement.
Do I need to present periodic statement of use?
No. Periodic statement of use is not mandatory.
When should I renew my trademark?
Subsequent renewals are done every 10 years.
What will be the renewal date of my trademark?
The trademark will be renewed 10 years from the date the registration was granted.
What type of documents should be presented when renewing a trademark?
Present a power of attorney for the extension or re-registration of a UK mark in Anguilla.
If my trademark expires, do I have a grace period?
A grace period of 6 months is provided for expired trademarks.
What is a trademark?
A trademark identifies a company’s products and services and distinguishes them from those of its competitors in the market. The name (the verbal element) is not the only component of a trademark—figurative elements such as logos, design, images, colors, and sounds also create an identity that can be protected by trademark registration.
With the registration, the owner (person or company) becomes the owner of the trademark. The registration is given for a particular country/territory, for certain products or services, and for a specific term. While the registration is in force, only the owner may use the trademark in the market where the trademark is registered.
Some symbols to consider:
® Means the trademark is registered.
TM Some countries use this trademark symbol to show that the trademark has been filed at the trademark office and is still undergoing the registration process.
SM Some countries use this service mark symbol to show that the service mark has been filed at the trademark office and is still undergoing the registration process.
What is the difference between a trademark, patent and copyright ?
You can lay claim to your work in many ways. Trademarks, patents, and copyrights offer protection to intellectual property owners. A trademark helps people find your goods and services. When recognized as a registered mark, it protects your right to exclusively use the image, logo, phrases, or words to distinguish your goods or services from others in the market.
A patent safeguards ideas and inventions. It gives a creator or inventor exclusive rights that prevent other people from making, using, or profiting in any way from an invention or creative innovation without the consent of the inventor.
You cannot patent an idea alone (otherwise we’d all be doing it). You must materialize your concept into a tangible invention, innovative product, device, or process that offers new solutions to an existing problem.
Copyright protects all types of original published, performed, and printed creative works of art, literature, and music. It prevents people from using, reproducing, or distributing copyrighted works without the permission of the artist, author, composer, etc. Types of work covered by copyright protection include:
- a) artwork (2 or 3 dimensional),
- b) photographs, graphic drawings, and designs as well as other forms of creativity;
- c) songs, music, and sound recordings of all kinds;
- d) books, manuscripts, publications, and another written work; and
- e) plays, movies, shows, and other performance arts.
Trademarks, patents, and copyrights are all examples of ways you can protect your intellectual property. Your rights to control and benefit from your efforts are increasingly important in our global economy. Registering a formal claim to your property is a critical step in protecting what you own.
What is the difference between TM, SM, ® and other symbols?
The symbol of a circled letter R after a trademark name or graphic image means that the preceding trademark has been registered. Various typographic symbols indicate copyrights and patents. The presence or absence of a symbol does not change the validity of the registration, but the best practice is to use circle‑R or circle‑C for copyrights every time you mention your intellectual property in print. These symbols give legal grounds for claiming damages in trademark litigation. The following is a list of some typical marks you can use on a web page, in written content, or even in a marketing letter.
- TM: The TM or trademark symbol indicates an unregistered trademark for one of 34 different classes of products. Owners use this symbol to claim the preceding name or logo as the Trademark of their product.
- SM: The SM or service mark symbol is similar to the TM symbol except it indicates a claim to a mark for a service (one of 11 classes of service) rather than a tangible product.
- ®: Use the ® symbol once you’ve registered your trademark or service mark. It shows that the country authority has approved the registration.
- ©: Use the © symbol to indicate copyrighted material. The copyright notice should appear on the material as Copyright © followed by the date the work was created, the copyright owner’s name, a period, and finally “All Rights Reserved.” Like this: Copyright © 2021, John Smith. All Rights Reserved. Use it whether the copyright has been registered or not.
- Patent Pending: The phrase Patent Pending shows that you filed a patent application but cannot guarantee the application's approval.
What are trademark classes?
Trademark Offices around the world use classes to divide commercial products and services into defined categories. When you apply for your trademark to protect your brand, you must define the class or classes that you believe best describe your business activity.
Countries around the world have standardized 45 classes (34 for products and 11 for services) for international use under the Nice International Classification.
These classes group all known products and services. If applicable, you can register the same trademark in more than one class; for example, you may register the trademark KING for computers in class 23 and register the same trademark in class 24 for cosmetics.
Trademark protection only extends to commercial use within your specified classes. It is, therefore, possible for two entities conducting business in different classes to use identical or similar trademarks and for each entity to enjoy full trademark protection in their respective classes. If you feel that protection should extend to include more than one class, you can choose multiple classes under which to conduct business.
You can search for your trademark class with this Trademark Class Search tool.
Why do I need to perform a trademark search?
Once you have a product or service and think you have a name for it, how do you know you can use it as your own? What happens if you unintentionally use a registered trademark name?
Too many people use a name without knowing whether or not they have the legal right to do so. They organize massive marketing campaigns with names they later find they’re not allowed to use. Performing a comprehensive search before deciding which trademark to register is a wise thing to do, especially when you consider future risks of litigation.
It is a good idea to carry out some research before starting to do business with a trademark. It may not be in your best interest to use a mark if another company is already actively conducting business in the same class. The other company may object to you using the trademark and legally prohibit you from doing so.
Do I need an Attorney to perform a Trademark Search?
No, you don’t, but if you have little or no experience dealing with trademarks, we suggest you seek professional help. Our company offers a Comprehensive Trademark Study service. The Study gives you details of the classes in which you might want to register your trademark; it also lists identical and similar trademarks, and finally, you get an Attorney's recommendation about registration possibilities and use of your trademark.
Where can I perform a trademark search?
If you know a little about trademark registration, you can search using any online trademark search tool. If not, we recommend that you hire a trademark attorney or trademark service like Nominus.com to handle your trademark registration requirements, especially the trademark search because the process is complex and relatively time consuming.
Please note that if you don’t manage to complete the application process correctly, the registration can drag on for several months and end up costing far more than you intended to pay. The trademark search is a critical part of the process.
A broad trademark search is essential in today's marketplace, given the increasing number of unregistered and common law trademarks. Globalization also raises the question of entering international markets and registering trademarks in foreign countries to protect both your brand and your property rights.
Please note that even a completed comprehensive trademark search does not necessarily guarantee your trademark will be accepted and registered. A Comprehensive Trademark Study includes an extended review process and, more significantly, a formal evaluation of the likelihood that your application will be successful.