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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 6 months, if no objections or oppositions arise.
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If I register my trademark in Anguilla, do I have protection in other territories?
No. The protection for a registered mark is limited only in Anguilla.
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Do I need to sign a Power of Attorney?
Yes. A Power of Attorney is needed to complete the application process.
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Are there any benefits from a pre-filing use of the trademark?
Pre-filing use benefits are minimal. It can be used as a defence against opposition to application.
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Will there be problems in case I don’t use my trademark after registration?
When a registered trademark is not in used, its registration can be removed.
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What are the types of trademark that can be registered in Anguilla?
The following marks are allowed for registration:
- Word
- Name
- Device
- Three-dimensional shape
- Slogan
- Colour
- Smell
- Sound
- Hologram
- Motion
- Touch
- Trade dress or get-up
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What are the phases of application after a trademark has been filed in Anguilla?
Trademark application in Anguilla goes through 3 phases. The examination phase is the process of checking whether the applicant met all requirements for registration. The publication phase is the process of making the application details accessible to public via publication. If requirements are satisfied and all oppositions are successfully overcome, the registration will be granted.
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What type of trademark is not registrable?
The following marks are not acceptable for registration:
- Generic words
- Marks that are against public order or moral standards
- Non-distinctive marks
- Marks that use name, flag or symbol of a state, nation, region or international organization
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Does Anguilla use the "Nice Classification" system?
Yes. Anguilla follows the Nice Classification system.
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Does the Community Trademark apply for Anguilla?
No. The Community Trademark is not effective in Anguilla.
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Is there any possibility to claim priority in Anguilla?
Yes. Priority can be claimed if these conditions are satisfied:
- The home country of the applicant is a member of the Paris Convention
- The home application date is within 6 months prior to application date in Anguilla
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What do I need to do to satisfy the use requirement?
The trademark must be used within 3 years after registration. It is also required to use the trademark within Anguilla’s jurisdiction at least once every 3 years.
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Once my trademark has been registered, for how many years will be valid?
The registered trademark is valid for 10 years starting on the date of application.
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What will be the renewal date of my trademark?
The trademark will be renewed 10 years from the date the registration was granted.
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Is it legal to use my trademark even if it is not yet registered?
It is legal to use unregistered marks for goods and services.