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ARTICLE · 07 NOVEMBER 2022

Licensing A Registered Trade Mark In The British Virgin Islands

O'Neal Webster
O'Neal Webster
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O'Neal Webster

O'Neal Webster

Founding The British Virgin Islands is a premier offshore financial jurisdiction, highly regarded...

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Known worldwide for its robust shipping registry, trusts, funds, and corporate law sectors, the British Virgin Islands has also emerged as a globally competitive jurisdiction for registering ...

British Virgin IslandsIntellectual Property

Known worldwide for its robust shipping registry, trusts, funds, and corporate law sectors, the British Virgin Islands has also emerged as a globally competitive jurisdiction for registering and protecting the intellectual property of BVI companies and independent brand owners. The territory's trade mark regime also provides full accommodation for trade mark licensing and related matters.

Who Can Grant a Registered Trade Mark Licence?

In the BVI, a trade mark owner may grant a licence to a third party, authorizing the licensee to use a registered trade mark in the manner declared by the licence. A licence may also authorize a licensee to grant a sub-licence.

Notably, the BVI's Trade Marks Act provides that any person may, with the consent of the owner of the trade mark, be registered as a licensee of the trade mark, even though a trade mark has not been registered, but an application for registration has been filed at the BVI Trade Mark Registry.

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