é à ù è ò The Caribbean - Spoor & Fisher

Listed below are the jurisdictions in the Caribbean, each with their own traditions and laws. Our Caribbean practice also covers other territories however these either have no local registration procedure or form part of mainland Central and South America. Like Africa, they have different structures and legal systems, some more established than others. What protection and enforcement strategies should you choose for your trade marks, patents, designs and copyright?

For more information, make use of our interactive Caribbean map below.

Need information on filing requirements? Want to learn more about regional IP organisations? Use our interactive Caribbean map and browse our FAQs.


Anguilla S t M artin / S t M aar t en S t B arthéle m y S t Kitts & N e vis BES I slands A n tigua & B arbuda M onts e r ra t G uadeloupe D ominica M artinique St Vincent &The Grenadines S t L ucia B arbados G r enada P uer t o R i c o B ritish Vi r gin I slands C u r açao B onai r e T rinidad & T oba g o D ominican R epublic T urks & Cai c os I slands H aiti C uba C a yman I slands J amaica Aruba M e xi c o B eli z e E l S al v ado r G u a t emala H ondu r as N ica r agua C osta R ica P anama C olumbia V enezuela G u y ana S uriname B ahamas B ermuda N orth A tla n tic O c ean G ul f o f M e xi c o P acific O c ean Caribbean S ea U S A

Anguilla FAQs

Country Information

Trade Mark Information

What is the classification for trade mark filing?

The International Classification of goods and services applies. A single application may cover any number of classes of goods and/or services.

What are the international arrangements for trade marks?

Anguilla is not a member of the Paris Convention, but the provisions of the Convention have been implemented in its national law. Convention priority may be claimed and priority claims are enforceable locally.

What categories of trade marks are provided for?

In addition to ordinary trade marks, there is provision for the registration of collective marks and series marks. UK-based applications can be filed as an option.

What are the document requirements for a new trade mark application?

Independent

  1. Power of Attorney, notarised (separate document required for each application)
  2. Priority document (if applicable), accompanied by a notarised Declaration of Priority

UK-based

  1. Power of Attorney, notarised (separate document required for each application)
  2. Certified copy of the corresponding UK registration as appropriate
What are the document requirements for a trade mark renewal?

Independent

Power of Attorney, notarised

UK-based

  1. Power of Attorney, notarised
  2. Certified copy of the corresponding UK registration as appropriate
What are the document requirements for a trade mark assignment or merger?

Independent

  1. Power of Attorney, notarised
  2. Form 4 (application for change of ownership), notarised
  3. Deed of Assignment, or other instrument of title, notarised

UK-based

  1. Power of Attorney, notarised
  2. Form 4 (application for change of ownership), notarised
  3. Deed of Assignment, or other instrument of title, notarised
  4. Certified copy of the corresponding UK registration as appropriate
What are the document requirements for a trade mark change of name?

Independent

  1. Power of Attorney, notarised
  2. Form 5 (change of name or address), notarised
  3. Certificate of Change of Name, notarised

UK-based

  1. Power of Attorney, notarised
  2. Form 5 (change of name or address), notarised
  3. Certificate of Change of Name, notarised
  4. Certified copy of the corresponding UK registration as appropriate
What are the document requirements for a trade mark change of address?

Independent

  1. Power of Attorney, notarised
  2. Form 5 (change of name or address), notarised
  3. Certificate of Change of Address, notarised

UK-based

  1. Power of Attorney, notarised
  2. Form 5 (change of name or address), notarised
  3. Certificate of Change of Address, notarised
  4. Certified copy of the corresponding UK registration as appropriate
What are the document requirements for a trade mark licence/registered user?

Independent

  1. Power of Attorney, notarised
  2. Form 4 (application for change of ownership), notarised
  3. License Agreement, notarised

UK-based

  1. Power of Attorney, notarised
  2. Form 4 (application for change of ownership), notarised
  3. License Agreement, notarised
  4. Certified copy of the corresponding UK registration evidencing the license, as appropriate
What is the legislation that governs trade marks?

Trade Mark Act 2002 T30

Patent Information

What are the international arrangements for patents?

None. Anguilla is not a member of the Paris Convention, but the provisions of the Convention have been implemented in its national law. Consequently, convention priority may be claimed

What categories of patents are provided for?

National patent application
Re-registration of granted UK or European (UK) Patent

Applications for the re-registration of a granted UK or European (UK) patent must be lodged within 3 years of the grant of the UK or European (UK) patent. Anguilla is not a signatory to the Patent Cooperation Treaty (PCT). National phase filing of a PCT patent is not possible.

What are the novelty requirements?

Absolute novelty is required. Information disclosed to the public during the 12 months preceding the filing date or priority date claimed in a patent application shall not destroy the novelty of the invention, where the information is disclosed by the applicant or his predecessor in title or by an abuse committed by a third party with regard to the applicant or his predecessor in title.

What is excluded from patentability?

1. A discovery, scientific theory or mathematical method
2. A scheme, rule or method for performing a mental act, playing a game or doing business
3. Diagnostic, therapeutic and surgical methods for the treatment of humans or animals, but not including the products used in any of these methods

What are the document requirements for a patent application?

National Patent Application
1. Power of Attorney (notarised) (can be late filed)
2. Specification, claims and abstract in English (required on the day of filing)
3. Formal drawings, if applicable (required on the day of filing)
4. Declaration of inventor/Assignment of Invention (can be late filed)
5. Certified copy of priority document (if priority is claimed) (can be late filed)

UK or European (UK) Re-registration
1. Power of Attorney (notarised)
2. certified copy of granted UK or European (UK) patent

What is the term of protection and renewal term?

The term of a national patent is 20 years from the filing date. A UK-based patent registration is valid for the same period as the UK or European (UK) patent on which it is based so long only as the UK or European (UK) patent remains in force. Renewal fees fall due annually commencing on the first anniversary of the filing date. For a UK or European (UK) Re-registration, annuities are payable from the next anniversary of the UK filing date. This must be accompanied by a certified copy of the UK extract showing payment of the corresponding UK annuity. A grace period of 6 months is allowed for late payment of the annuity.

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