In the British Virgin Islands (BVI), prior use of a mark is not required in order to file or obtain registration. In practice, this means that registration is essential if you want to secure ownership and have an effective legal tool to stop third parties from using or copying your brand.
Since September 2015, it has been possible to register service marks directly in the BVI. Before that date, service marks generally had to be registered first in the United Kingdom and then extended to cover the BVI. Now, you can protect both trademarks for goods and service marks locally, by filing directly with the BVI Registry of Corporate Affairs of the BVIFSC.
Registering your trademark in the BVI:
- Confirms ownership of the mark in this jurisdiction.
- Provides a legal basis to act against infringement.
- Allows you to oppose later conflicting applications filed by third parties.
- Ensures long-term protection through renewable 10-year terms.
If you file a combined mark (word + logo), keep in mind that protection is limited to the exact configuration as registered. If you intend to use the word element separately from the logo (or vice versa), it is advisable to file additional applications for those elements independently.