The new Trademarks Act 2013 and Trademark Rules 2015 came into effect in the British Virgin Islands on September 1, 2015. Key provisions include:
- Abolishment of the “dual” registration system whereby a trademark application could either be filed independently or based on a UK registration, in favor of independent filings only.
- Direct registration of service marks now possible, as opposed to requiring an underlying UK registration of the same mark.
- Mechanisms for priority filing under the Paris Convention introduced.
- Protection of well-known marks permitted.
- Registration of certification and collective marks allowed.
- Renewal term reduced to ten years.
- Only registered trademark agents may file applications.