General trademark information of U.S. Virgin Islands (USVI)

What is protected as a trademark in US Virgin Islands 

A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.

How long does the trademark registration lasts in U.S. Virgin Islands?   
For a trademark registration to remain valid at the United States Patents and Trademarks Office, an Affidavit of Use (Section 8 Affidavit) must be filed:

(1) between the fifth and sixth year following registration, and

• Trademark registration stems from rights secured in the United States of America.
• Registration and renewal terms coincide with the federal registration (USA).

Type of filings: Re-registrations of existing US federal trade mark registrations only

Priority: Paris Convention Priority cannot be claimed

Single or multi-class: Both single and multi-class applications are accepted, as dictated by the underlying US federal trade mark registration

Classification: Nice Classification

Protection of goods and services: Both goods and services may be protected, as dictated by the underlying US federal trade mark registration

Terms of initial registration: To expire on the same date as that of the underlying US registration unless renewed for further 10-year periods

Renewals: Due on the same date as that of the underlying US federal registration and renewable for further 10-year periods thereafter

Typical documentary requirements and formalities for key filings:   
•          A simply signed Authorisation of Agent is required

•          A certified hard copy of the underlying US federal registration is required from the United States Patent and Trademark office, where relevant to the particular type of filing to be made, namely,

•          Trademark registration with title and status" for new filings and renewals

•          "Trademark abstract of title" for assignments / changes of name / mergers

Remarks: The re-registration process is straightforward and efficient, with certificates issued within two or three months of filing. Whilst the US federal trade mark registration does itself extend to the US Virgin Islands, re-registering the federal registration locally may add an additional layer of protection should it become necessary to enforce the trade mark in the USVI.

If you would like to know the trademark registration process of Venezuela ? Click on here!

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