General trademark information of Anguilla

Registration is required to establish rights in a trademark; this is a "first-to-file" jurisdiction.

The exclusive right to a trademark (including the right to act in cases of infringement) is acquired by registration only. A UK-registered mark may also be extended to Anguilla by registration in Anguilla pursuant to the Trademark Act. Rights and privileges conferred by the UK mark are also extended to Anguilla, and the effective date of registration in the United Kingdom is deemed to be the effective date of registration in Anguilla.

Use of an unregistered mark for any goods or services is legal.

Current legislation does not proscribe use of an unregistered mark. Proprietors of marks are, however, advised to register their marks, as this is a first-to-file jurisdiction and registration affords the best protection. The exclusive right to a trademark is acquired by registration only (such right includes the right to act in cases of infringement). A user of an unregistered mark should also be aware that the common law rule against passing off applies in Anguilla.

• No legislation regarding plain packaging has been enacted in this jurisdiction, and it is not under active consideration.

A. Time Frame for Obtaining Registration

• The approximate time from application to registration (for a regular prosecution, without opposition) is:

six months for a local registration; four months for extension/re-registration of a UK mark.

B. Advantages of Registration

• The benefits of registering a trademark include the following:
  • it is the sole means of obtaining rights in or title to the trademark;
  • it provides prima facie evidence of ownership and validity;
  • it provides regional, national, and/or local protection;
  • it allows use of "Registered Trademark" or other suitable terms or abbreviations to demonstrate ownership of the trademark;
  • it allows the registrant access to bring actions in particular courts;
  • it helps to deter others from unlawfully using the trademark;
  • it provides a defense to infringement;
  • enforcement of an unregistered trademark is more difficult and more costly than enforcement of a registered trademark;
  • it encourages licensees and provides the opportunity to generate royalties through licensing.
  •  The risk of not registering a trademark is that others may register an identical or similar mark that could impede the ability to use or register the mark in Anguilla.

II. Pre-Filing

A. Registrable Trademarks

• The following signs that can be reproduced graphically and are capable of distinguishing the goods or services of one person or entity from another are registrable as a trademark:
  • words;
  • names;
  • devices;
  • certain three-dimensional shapes;
  • colors;
  • slogans;
  • sounds

(Legislation neither provides for nor excludes the registration of audible sounds or musical notes. However, once the sound mark passes the criteria of distinctiveness and is capable of being graphically reproduced, it may be registrable.);

• smells (olfactory trademarks)

(Legislation neither provides for nor excludes the registration of scent marks/smell marks. Assuming the mark passes the criteria of distinctiveness and is capable of being graphically reproduced, it may be registrable.);

• trade dress/get-up;
• holograms

(Legislation neither provides for nor excludes the registration of holograms. However, once the mark passes the criteria of distinctiveness and is capable of being graphically reproduced, it may be registrable.);

• motion

(Legislation neither provides for nor excludes the registration of moving images. However, once the mark passes the criteria of distinctiveness and is capable of being graphically reproduced, it may be registrable.);

• touch

(Legislation neither provides for nor excludes the registration of touch/tactile/feel marks. However, once the mark passes the criteria of distinctiveness and is capable of being graphically reproduced, it may be registrable.).

• There are no special requirements for the registration of three-dimensional shapes.

However, the Anguilla IPO may request confirmation that the mark has been accepted for registration in other territories.

• There are no special requirements for the registration of colors.

However, the Anguilla IPO may request confirmation that the mark has been accepted for registration in other territories.

• There are no special requirements for the registration of sounds.

However, the Anguilla IPO may request confirmation that the mark has been accepted for registration in other territories.

• There are no special requirements for the registration of smells.

However, the Anguilla IPO may request confirmation that the mark has been accepted for registration in other territories.

• There are no special requirements for the registration of trade dress.

• There are no special requirements for the registration of holograms.

However, the Anguilla IPO may request confirmation that the mark has been accepted for registration in other territories.

• There are no special requirements for the registration of motion.

However, the Anguilla IPO may request confirmation that the mark has been accepted for registration in other territories.

• There are no special requirements for the registration of touch.

However, the Anguilla IPO may request confirmation that the mark has been accepted for registration in other territories.

• Marks registered in black and white or grayscale are construed broadly to protect the mark both as registered and in other color combinations.

This has been the traditional applicable position. However, current legislation does not specifically address the issue. Because of this and given recent developments across the EU limiting this traditional position, it is very likely that an Anguilla court, in construing the extent of protection for a mark registered in black and white or grayscale, may regard the mark as protecting color variations only if the differences in color are so insignificant that they would not be noticed by the average consumer.

• In addition to regular trademark registrations, the following types of trademarks are registrable:
  • collective marks;
  • certification marks;
  • well-known marks;
  • service marks.

• Retail services as such are not registrable, but the following (or a comparable recitation) is permitted: the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), enabling customers to conveniently view and purchase those goods. (Consult a local attorney for additional advice.)

• The following are not registrable as trademarks:
  • marks contrary to moral standards or public order;
  • generic terms;
  • names, flags, or symbols of states, nations, regions, or international organizations;
  • non-distinctive trademarks, absent a showing of acquired distinctiveness (secondary meaning).

• Geographical indications (GIs) are protected in this jurisdiction.

• GIs are protected by way of:
  • special laws for the protection of geographical indications or appellations of origin;
  • trademark laws, in the form of collective marks or certification marks;
  • laws against unfair competition.

• The following products or categories are subject to GI protection in this jurisdiction:

any natural or agricultural product or any product of handicraft or industry (being a product originating in the territory of a country, or a region or locality in that territory, where a given quality, reputation, or other characteristic of the product is essentially attributable to its geographical origin).

B. Searching

• While conducting a private pre-filing search is not mandatory, it is recommended in that it can:
  • save the applicant the time, effort, and cost entailed in developing, adopting, and applying to register a trademark in which someone else has prior rights;
  • disclose additional potentially conflicting trademarks, e.g., prior unregistered rights such as those gained at common law.

• The national office is accessible online at the following URL:

 http://www.commercialregistry.ai/Services/IntellectualProperty
However, note that searches may not be conducted online.

• The official register cannot be searched online.

C. Use

• An applicant benefits from pre-filing use of a trademark.

Though rights are established primarily through registration, evidence of pre-filing use may help overcome an objection to an application for registration.

• The benefits of pre-filing use are:
  • minimal. Trademark rights are established largely through registration.

However, evidence of pre-filing use may help to overcome an objection to an application for registration.

• When a mark is not registered, use of that mark may provide the following benefits:
  • Special protection against infringement may be available for a famous and/or well-known mark that is not registered.

 Special protection against infringement may be available for an unregistered mark that is well known in Anguilla. The common law rule against passing off also applies in Anguilla; a court may make a determination or ruling against such passing off that may have the effect of protecting an otherwise unregistered mark. Moreover, unregistered marks may also be protected within the context of unfair competition. Please consult a local trademark attorney.

• Famous and/or well-known marks are protected via the following mechanism(s):
  • an administrative process;

 within the trademark registry

• a determination by the court resulting from an action for infringement;
• a determination by the court (other than one resulting from an action for infringement).

D. International Treaties

• This jurisdiction is not a member of any international treaties relating to intellectual property.

However, (a) the provisions of the Paris Convention have been implemented in its national law; (b) legislation provides for the Registrar to apply the Nice International Classification of Goods and Services as updated from time to time.

III. Filing

A. Requirements

• If the applicant is not domiciled in this jurisdiction, a local address for service must be provided.

 A local agent has to represent an applicant whose business or ordinary residence is outside Anguilla.

• Joint applicants are permitted in this jurisdiction.

While the trademark legislation does not specifically permit joint applicants, it does not preclude same. It speaks to proprietor in the singular tense only. However, the Interpretation Act prescribes that "words in the singular include the plural and words in the plural include the singular." Accordingly, the contributor's view is that joint applicants would be permitted.

• Neither actual use nor intent to use is required for application.

• The following information is required to COMPLETE an application:
  • name and address of applicant;
  • state or country of incorporation;
  • representation of trademark (a depiction of the mark an applicant seeks to register)

(With applications for the registration of a trademark other than a word mark in standard letters, four reproductions of the trademark must be submitted.);

• list of goods/services;
• power of attorney

(The power of attorney may, however, be submitted within two months of the filing date.);

• official filing fee;
• priority claim, where priority of an earlier application is claimed.

• While ALL of the items noted in the list immediately above are required to COMPLETE an application, ONLY THE FOLLOWING ITEMS from that list are required in order to SECURE A FILING DATE:
  • name and address of applicant;
  • state or country of incorporation;
  • representation of trademark (a depiction of the mark an applicant seeks to register);
  • list of goods/services;
  • official filing fee.

• The list of goods and services in this jurisdiction may specify:
  • the relevant class heading;
  • the relevant local subclass and/or subgroup.

• The following number of copies of the trademark must be submitted:

One reproduction is required for a word mark in standard letters. In all other cases, four reproductions of the mark are required.

• In this jurisdiction, the following types of registration are available:
  • national.

A UK mark may also be extended to (re-registered in) Anguilla without the need for the extensive review by the trademark registry and the advertising process applicable to local applications.

• This jurisdiction is not a party to either the Madrid Agreement or the Madrid Protocol and may not be designated in international applications.

• This country is not a member of the European Union; a European Union Trade Mark registration is not effective in this jurisdiction.

If, however, the United Kingdom is designated, the mark may be re-registered in Anguilla upon application without the need for advertising or extensive examination by the registry.

• No (other) multinational regional registrations are available in this jurisdiction.

• Applications cannot be filed online.

• The official file cannot be accessed online.

• Applications are not officially searched as to prior trademarks.

B. Priority

• If an applicant's home country is a signatory to the Paris Convention, the filing date of its home application can be claimed as the filing date in this jurisdiction, provided that its home application was filed within the fixed period of six months preceding the application in this jurisdiction.

C. Classification

• This jurisdiction uses the Nice Classification System.

• If a trademark covers more than one class of goods and/or services, one application can cover multiple classes of goods or services.

• For a multi-class application, the applicant must pay class fees on a per-class basis.

D. Representation

• An application to register a trademark may be filed directly in this jurisdiction by:
  • the applicant, but only if a citizen of or domiciled in the jurisdiction;
  • a trademark representative/attorney/agent, but only if a citizen of or domiciled in the jurisdiction.

IV. Application

A. Publication

• The filing particulars of an application are made available to the public.

• The filing particulars are made available to the public:
  • through publication.

• The following application details are made available to the public:
  • mark;
  • name of applicant;
  • address of applicant;
  • goods/services;
  • priority claim information;
  • representation of trademark.

B. Examination

• Applications are examined in respect of:
  • formalities: i.e., for compliance with the filing requirements;
  • classification: i.e., to ensure that the goods or services fall within the class(es) listed in the application;
  • descriptiveness: i.e., to check whether a trademark functions solely to provide information about the goods and services affiliated with the trademark;
  • distinctiveness: i.e., to ensure that trademarks are capable of being represented graphically and of distinguishing the goods or services of one individual or organization from those of other individuals or organizations;
  • deceptiveness: i.e., to check whether a trademark is of such a nature as to deceive the public (for instance, as to the nature, quality, or geographic origin of the goods or services);
  • conflict with prior registration, prior-filed application, or earlier unregistered rights resulting from an official search.

• If the local trademark authority issues a preliminary refusal to register a mark based on an earlier registration owned by another:
  • The existence of a valid coexistence agreement between the applicant and the cited registrant may be accepted as evidence permitting registration of the application; its acceptance is at the discretion of the trademark authority.

• This jurisdiction has disclaimer practice (i.e., a practice whereby the applicant must disclaim any exclusive right to an element of a trademark that is not distinctive).

• The order of the application process is as follows:
  • examination, publication, registration.

C. Prosecution

• Accelerated examination may not be requested.

• The following rights are established by a pending application:
  • the pending application can be cited in official examination against a subsequent (later-filed) conflicting application

("Pending application" in this sense means that the application for registration of a trademark has been published but not yet registered.);

• the pending application can be used in a third-party opposition proceeding against a subsequent (later-filed) conflicting application;

("Pending application" in this sense means that the application for registration of a trademark has been published but not yet registered.);

• the pending application establishes prima facie proof of ownership of a trademark

("Pending application" in this sense means that the application for registration of a trademark has been published but not yet registered. After an application for registration of a trademark is published and until the registration of the trademark, the applicant has the same privileges and rights as he would have if the trademark had been registered. However, it shall be a valid defense to an action brought by the applicant in respect of a pending application if the defendant establishes that the trademark could not validly have been registered at the time the act was done.).

D. Opposition

• Opposition is available.

• Opposition is conducted pre-grant.

• The following can be grounds for opposition:
  • proprietary rights, such as an earlier conflicting registration;
  • the mark is descriptive, i.e., it consists of a sign or indication that may serve in trade to designate the kind, quality, quantity, intended purpose, or value of goods or of rendering of services or other characteristics of goods or services;
  • the mark is not distinctive;
  • the mark is misleading, deceptive, or disparaging;
  • rights under Article 6bis of the Paris Convention (notorious or well-known mark)

(per rights under applicable legislation (Trademarks Act));

• rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags, and other State emblems)

(per rights under applicable legislation (Trademarks Act));

• rights under Article 8 of the Paris Convention (trade names)

(per rights under applicable legislation (Trademarks Act and Protection against Unfair Competition Act));

• the mark is generic, i.e., the mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade;
• the mark consists of a geographical indication;
• the mark is against public policy or principles of morality.

• An application is published for opposition purposes after formal examination of the application.

• The opposition period begins on the following date:

the date of publication.

• The opposition period ends on the following date:

one month after the date of publication.

• Anyone may initiate an opposition.

• Oppositions cannot be filed online.

E. Proof of Use

• Proof of use is not required prior to the issuance of a registration or the issuance of a notice of allowance/acceptance.

V. Assignment, Licensing, and Other Changes to Trademark Records

A. Assignment

• An application can be assigned.

• A registration can be assigned.

• An assignment of an application must be for the entire territory covered by the application.

 Legislation does not provide or allow for it to be for a portion of the territory. The Registrar is likely to disallow the same.

• An assignment of a registration must be for the entire territory covered by the registration.

Legislation does not provide or allow for it to be made for a portion of the territory. The Registrar is likely to disallow the same.

• An assignment of an application can be for some or all of the goods or services listed in the application.

• An assignment of a registration can be for some or all of the goods or services listed in the registration.

• Goodwill need not be included in an assignment of an application.

• Goodwill need not be included in an assignment of a registration.

• An assignment document for an application requires:
  • name of assignor;
  • address of assignor;
  • name of assignee;
  • address of assignee;
  • citizenship of assignee;
  • details of the trademark being assigned

(The original or a certified copy of the document(s) evidencing the assignment (Assignment Agreement/Deed, etc.), duly signed by/on behalf of the contracting parties, must also be submitted with the application.);

• effective date of the assignment;
• signature by assignor;
• signature by assignee;
•  principal place of business of assignee (if different from the address of the assignee).

• An assignment document for a registration requires:
  • name of assignor;
  • address of assignor;
  • name of assignee;
  • address of assignee;
  • citizenship of assignee;
  • details of the trademark being assigned

(The original or a certified copy of the document(s) evidencing the assignment (e.g., Assignment Agreement/Deed), duly signed by/on behalf of the contracting parties, must also be submitted with the application for registration.);

• effective date of the assignment;
• signature by assignor;
• signature by assignee;
•  principal place of business of assignee (if different from address of assignee).

• Legal verification of a written assignment document of an application is not required.

 However, the Registrar may, in his discretion, request that the document be witnessed and notarized. Accordingly, it is advised that assignment documents be witnessed and notarized.

• Legal verification of a written assignment document of a registration is not required.

However, the Registrar typically requests that the document be witnessed and notarized. Accordingly, it is advised that assignment documents be witnessed and notarized.

• An assignment of an application must be recorded to be effective.

• An assignment of a registration must be recorded to be effective.

B. Licensing

• Use of a mark that is the subject of an application can be licensed.

• Use of a registered mark can be licensed.

• In this jurisdiction, registered trademark users (as opposed to licensees) cannot be recorded.

Legislation makes no provision for this. A license may be registered. This encapsulates a UK trademark that has been extended to (re-registered in) Anguilla. Therefore, any person granted a license to use that trademark in the United Kingdom may apply to the Registrar in Anguilla for registration as a registered licensee of that trademark in respect of the goods or services covered in the UK registration.

• A license of an application must be for the entire territory covered by the application.

 Legislation does not provide or allow for it to be for a portion of the territory. The Registrar is likely to disallow the same.

• A license of a registration must be for the entire territory covered by the registration.

• A license of an application can be for some or all of the goods or services listed in the application.

• A license of a registration can be for some or all of the goods or services listed in the registration.

• A license of an application can be non-exclusive (multiple licensees and the owner).

Legislation does not restrict; therefore, subject to discretion of the Registrar, a license of an application can be non-exclusive.

• A license of a registration can be non-exclusive (multiple licensees and the owner).

Legislation does not restrict; therefore, subject to discretion of the Registrar, a license of a registration can be non-exclusive.

• Use by a related company of a mark that is the subject of an application must be licensed.

• Use by a related company of a registered mark must be licensed.

• A license of an application can be made with a time limitation.

• A license of a registration can be made with or without a time limitation.

• A license document for an application requires:
  • name of licensor;
  • address of licensor;
  • name of licensee;
  • address of licensee;
  • citizenship of licensee;
  • details of the trademark to be licensed;
  • quality control provisions

(Every license contract or application must provide for effective control by the licensor of the quality of the goods or services of the licensee in connection with which the trademark is used. If the license contract does not provide for such quality control or if such quality control is not effectively carried out, the license contract shall not be valid. The original or a certified copy of the document(s) evidencing the license (e.g., License Agreement/Contract), duly signed by/on behalf of the contracting parties, must also be submitted with the application.);

• signature by licensor

(notarized signature);

• signature by licensee

(notarized signature).

• A license document for a registration requires:
  • name of licensor;
  • address of licensor;
  • name of licensee;
  • address of licensee;
  • citizenship of licensee;
  • details of the trademark to be licensed;
  • quality control provisions

(The original or a certified copy of the document(s) evidencing the license (License Agreement/Contract), duly signed by/on behalf of the contracting parties, must also be submitted with the application.);

• simple signature by licensor (see below for execution requirements);
• simple signature by licensee (see below for execution requirements).

• Legal verification of a written agreement to license an application is not required.

Though not mandated by legislation, the Registrar typically requires that the agreement be witnessed and notarized.

• A license of an application must be recorded to maintain the validity of the application if it is used under license.
• A license of an application must be recorded to legitimately control use by and obtain royalties from the licensee.
• A license of an application need not be recorded, but recordation could help in enforcement, to demonstrate use of the mark.
• A license of an application need not be recorded, but if it is not recorded the license may not be effective against a subsequently dated but recorded license.

• A license of a registration must be recorded to maintain the validity of the registration if it is used under license.
• A license of a registration must be recorded to legitimately control use by and obtain royalties from the licensee.
• A license of a registration need not be recorded, but recordation could help in enforcement, to demonstrate use of the mark.
• Recordation of a license of a registration need not be recorded, but if it is not recorded the license may not be effective against a subsequently dated but recorded license.

• The license for a renewed registration need not be re-recorded.

• Legal verification of a written agreement to license a registration is not required.

Though not mandated by legislation, the Registrar typically requires that the agreement be witnessed and notarized.

C. Other Changes to Trademark Records

• The requirements for the recordal of name changes, mergers, and other important corporate updates on trademark records are as follows:
  • power of attorney, without further formalities;
  • deed of assignment, legalized by the respective consulate/apostille

(should be notarized but legalization/apostille not required);

• certificate of proof of change of name, legalized by the respective consulate/apostille

(should be notarized but legalization/apostille not required);

• certificate of merger, legalized by the respective consulate/apostille

(should be notarized but legalization/apostille not required);

• The requirements regarding the recordal of updated addresses on trademark records are as follows:
  •  power of attorney;
  • original or certified/notarized copy of documents evidencing the change of or updated address.

• Recording a lien against trademark records is not possible.

VI. Registration

A. Requirements

• A fee is not required for issuance of the registration.

 There is no specific fee for issuance of the registration; it is included in the application filing fees.

• The following documentation is required for issuance of the registration:
  • none.

Other than the application and supporting documents (power of attorney, logos, etc.), no additional documents are required for the issuance of the registration.

B. Rights

• The following rights are established by registration:
  • the exclusive right to use the registered trademark;
  • the right to oppose subsequent conflicting applications;
  • the right to bring a cancellation action against a subsequent conflicting registration;
  • the right to sue for infringement against confusingly similar third-party trademark use;
  • the right to license third parties to use the trademark;
  • the right to apply for seizure by customs authorities of counterfeit goods being imported into this jurisdiction;
  • the right to obtain damages for infringement.

• The Roman alphabet is used to represent the official language(s) of this jurisdiction.

• A trademark becomes incontestable, that is, the validity of the registration cannot be challenged, after the following time period:
  • never.

Any person may request (at any time) that the Registrar invalidate the registration.

• The territorial limit of registration is:

Anguilla, British West Indies.

C. Term

• The initial term of a registration is:
  • 10 years.

• The beginning of the term of a registration is calculated from:
  • the application date.

D. Marking Requirements

• Marking is not compulsory for registered trademarks, but is advisable because:

 it gives notice to the public that the trademark is registered. Moreover, for the purposes of infringement proceedings, a person is not deemed to have been aware that the trademark was registered by any marking unless the words “in Anguilla” or “Registered in Anguilla” accompany such marking.

• Any marking should be in the form(s) mentioned below. Please consult a local trademark attorney in case of doubt.
  • TM;
  • SM;
  • ®.

• The use of ® is not legally recognized, but it is recognized in practice.

• The legal consequences of false or misleading marking are:

Any person who falsely represents that a trademark is a registered trademark, knowing or having reason to believe the representation to be false, is liable to a fine of $25,000.

VII. Post-Registration

A. Use Requirements

• Attack on the ground of non-use is available.

• To avoid being attacked on the ground of non-use, a trademark must be used within the following period of time:

 At least once every three years. (The mark is susceptible to being attacked if it is not used during a continuous period of three years after registration.)

• To satisfy the use requirement, the amount of use:
  • can be minimal.

• Use of the trademark must occur in:
  • this jurisdiction.

• The consequences of a trademark's not being used are as follows:

The mark may be removed from the Register.

• Periodic statements of use or other mandatory filings by the trademark owner setting forth use of the trademark are not required.

• An action for non-use of a trademark can be brought by:
  • any interested third party.

• Non-use can be excused under the following circumstances:
  •  if it is shown that special circumstances prevented the use of the trademark and that there was no intention not to use or to abandon the same in respect of the goods or services.

• Resumption of use after non-use for the prescribed period (see above) may cure non-use provided that, in the interim, no third party has:
  • filed an action for cancellation of the trademark on the ground of non-use.

• Use of a registered trademark in a modified form would not affect the enforceability of a registration and is allowed if the difference is slight and provided that the modification does not materially alter the distinctive character of the trademark. Consult a local trademark attorney.

• Amendment of a registration to conform to a modified form of the trademark is not possible. Depending on the circumstances, a new application to register the modified trademark might be necessary. Consult a local trademark attorney.

B. Cancellation

• Cancellation is available.

 The Registrar may, upon request of the registered proprietor, cancel the registration of a trademark, either wholly or as regards any particular goods or services in respect of which the trademark is registered. Additionally, any person may request the Registrar to "invalidate" a registration. In this section, the responses provided apply to "invalidation" of a mark.

• The following can be grounds for cancellation:
  • the mark is descriptive, i.e., it consists of a sign or indication that may serve in trade to designate the kind, quality, quantity, intended purpose, or value of goods or of rendering of services, or other characteristics of goods or services;
  • the mark is not distinctive;
  • the mark is misleading, deceptive, or disparaging;
  • rights under Article 6ter of the Paris Convention (protection of armorial bearings, flags, and other State emblems);
  • the mark is generic, i.e., the mark consists exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade;
  • the mark is against public policy or principles of morality;
  • the mark has not been authorized by competent authorities pursuant to Article 6ter of the Paris Convention.

 Further, the Registrar may invalidate the registration if the person requesting the invalidation proves that the mark is not a validly registered trademark.

• There is no deadline for bringing a cancellation action; a cancellation action can be brought at any time.

• Anyone may bring a cancellation action.

As noted above, a registered proprietor may request a cancellation of a registration; any person may request an invalidation.

• Cancellation actions cannot be filed online.

C. Renewal

• The following documentation is required for renewal:
  • power of attorney;
  • copy of registration certificate.
  •  In the case of a UK mark that has been extended to Anguilla (re-registered), the original or certified copy of the renewal entry in the UK Register is required.

• The first renewal date of a registration is:
  • 10 years from the registration grant date.

 The registration date is same as the application date.

• Subsequent renewals last for the following period of time:
  • 10 years from the renewal date of the registration.

• The renewal pre-payment period is:
  • no more than the following number of months before the renewal date:

 six months.

• There is a grace period for renewing registrations once the renewal date has expired.

• The grace period after the renewal date has expired is:
  • 6 months.

• The penalty for late renewal is:
  • a fine.

• Renewal cannot be effected online.

• At the completion of renewal, a new registration number is not issued.

VIII. Customs Recordation

A. Customs Recordation

• There is no mechanism for recording trademarks that are registered in this jurisdiction with the customs authority.

IX. Domain Names

A. Domain Names

• A domain name may be protected as a trademark only if the domain name is not merely a Web address but is used or intended to be used in connection with goods or services.

Note, however, that the legislation is not definitive on this issue, and there has been no known judicial pronouncement on the issue within the jurisdiction. The contributor is of the view that the legislation does not preclude the registration of a domain name as a trademark once it is used or intended to be used in connection with goods or services, passes the criteria of distinctiveness, and is capable of being graphically reproduced.

• The following approved registrars can register a domain name in this jurisdiction:

the .ai hostmaster. Consult a local attorney.

• Availability of domain names in this jurisdiction can be searched through the following website(s):

Consult a local attorney.

• The Country Code Top-Level Domain (ccTLD) for this jurisdiction is:

.ai

• To obtain a domain name under the ccTLD in this jurisdiction, there are no requirements of locus with this jurisdiction, such as a local address or local business activity.

• Domain name registrations can be assigned.

• Domain name registrations can be licensed.

 There are no specific provisions, but presumably this can be done.

• A domain name registration may be contested in this jurisdiction through the following mechanisms:
  • a Uniform Domain-Name Dispute-Resolution Policy (UDRP) proceeding, filed through an ICANN-approved domain-name dispute resolution service provider (see http://www.icann.org/en/help/dndr/udrp).
  •  local dispute resolution mechanisms.

• One may institute a UDRP proceeding with the following ICANN-approved domain-name dispute resolution service providers to contest a domain name registration in this jurisdiction:
  • World Intellectual Property Organization (WIPO).

• If a registration lapses as a result of failure to renew, it can be revived or restored in the following way:

 While there is no specific provision for revival, it is likely that the registration will be revived upon payment of the relevant official fee for renewal.

• The application to register a domain name as a trademark will not be examined for conflicts with prior trademarks.

However, the domain name registrar requires that no domain name should conflict with prior trademarks. The duty to ensure this does not happen appears to be on the applicant. Any known conflicts may result in non-registration; conflicts that are later identified to the registrar may result in cancellation of the domain name.

• An earlier-filed domain name registration cannot create rights effective against a later-filed trademark application filed by another.

• In general, the courts apply the same principles to domain name disputes as are applied to trademark disputes.

No disputes have been brought before the courts in Anguilla with respect to this issue (as far as the contributor is aware).