New BVI Trade Marks Legislation Now In Effect

The British Virgin Islands ("BVI") is a well-known and popular jurisdiction for the holding of corporate assets, including real estate investments, securities, jets and ships. 

The BVI Trade Marks Act, 2013 (the "Act"), and the Trade Marks Rules, 2015 ("Rules"), came into effect on 1 September 2015 and make new provisions with respect to the registration and protection of trade marks in the BVI, and related matters including the assignment and charge of trade marks. 

The Act and the accompanying Rules are a major rewrite of BVI trade mark law, replacing a regime which had largely been in place for over a century.  Our summary below highlights the major points coming out of the new legislation.