Montserrat Island is a British Overseas Territory located on a volcanic island in the southern Leeward Islands of the West Indies. It was named by Columbus in 1493 after a mountain of the same name in Spain. The island is 18 kilometers long and 11 kilometers wide. Due to the volcanic eruption that began on July 18, 1995, many parts of the island were destroyed and two-thirds of the population fled. The current trademark regulations are mainly based on the 1999 Trademark Law.
Due to Montserrat 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
If the applicant requests extended protection based on UK registration, they can apply for extended protection in Montserrat at any time during the validity period of the UK trademark. If the applicant does not reside in Montserrat, 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.
Based on the UK registration request for extended protection, registration generally takes about 3 months, and a registration certificate will be issued after the trademark is approved. Trademark rights take 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 Montserrat 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 in the country
Applicants can also apply for "single country registration" locally. If the applicant does not reside in Montserrat, 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.
Montserrat adopts the Nice classification system and accepts applications for multiple categories. Trademark registration generally takes about 3 months, and after passing the examination, it will be announced for a period of 3 months. If there are no objections or objections are not valid during the announcement period, the local registration certificate will be issued after approval. The Montserrat trademark is valid for 10 years after registration, starting from the date of registration; 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.
Montserrat'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. When applying for an extension of protection for a trademark registered in the UK, it is necessary that the trademark has already been renewed in the UK and must be renewed in Montserrat within 3 months after the renewal in the UK.