Anguilla is a British Overseas Territory located at the northern end of the Leeward Islands in the Eastern Caribbean Sea, 113 kilometers northwest of St. Kitts Island and adjacent to the British Virgin Islands. The current trademark regulations are mainly based on the Trademark Act No. 8 of 2002, and the official language of Anguilla is English.
Due to Anguilla being a British Overseas Territory, there are two ways to register local trademarks: either by directly applying for registration protection with the local trademark registration office, or by extending protection based on a UK registration request.
(1) Extended protection based on UK registration request
Based on the UK registration request for extended protection, the applicant can apply for extended protection in Anguilla at any time during the validity period of the UK trademark. If the applicant does not reside in Anguilla, they must entrust a local specialized agent to handle it. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product items;
3. Name and address of the applicant;
4. The power of attorney needs to be notarized;
5. Certificate of UK trademark registration;
6.If priority is declared, priority proof documents and corresponding English translations must be provided.
For applications for extended protection based on UK registration, registration generally takes about six months, and a registration certificate will be issued after the trademark is approved. Trademark rights come into effect from the date of registration in the UK, but in the event of trademark infringement disputes in the region, they can only be initiated if the local government of Anguilla also approves protection. If extended protection is based on UK registration, the validity period of the trademark will remain consistent with the UK's basic registration.
(2) Apply for protection directly locally
Applicants can also register locally. If the applicant does not reside in Anguilla, they must entrust a local specialized agent to handle it. The basic materials required for trademark application are
1. Trademark design;
2. Specific product items;
3. Name and address of the applicant;
4. The power of attorney needs to be notarized;
5.If priority is declared, priority proof documents and corresponding English translations must be provided.
Anguilla adopts the Nice classification system and accepts multiple types of applications. Trademark registration generally takes about 3 months, and a local registration certificate is issued after approval. The Anguilla trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years. If a trademark is not used continuously for 5 years after registration, anyone can apply for revocation.
Anguilla's "single country registration" adopts the Nice classification, while goods and services based on UK registration requests for extended protection are limited to those specified in the UK registration certificate. Trademarks registered before 2003 need to be reclassified when applying for renewal, as the Nice classification was not adopted at that time.
When applying for extended protection of a trademark based on registration in the UK, in addition to providing a notarized transfer statement, proof of the trademark's transfer in the UK must also be provided.