The system for trademark protection in Anguilla is:

• Registration

Anguilla belongs to the following international treaties:

• Paris Convention
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks

The benefits of registering a trademark in Anguilla include:

• It prevails over common law rights
• It is the only form of protection available for trademarks
• It entitles the proprietor to bring an infringement action

Service marks

Yes

Defensive marksNoCollective marksNoCertification marksNoWell-known marks

No

Series marksYes, there are no requirements peculiar to Anguilla. The only requirement is that the marks accord with the international specification of series marks and the usual trademark requirements (below) will apply.

Marks in a different language or characters other than Roman characters

Yes, if the application contains a word or words in characters other than Roman, the application and the reproductions of the trademark shall be accompanied by transliteration and translation to the satisfaction of the Registrar of each word and state the language to which each word belongs.

Non-traditional marks: Sound marks

No

Non-traditional marks: Smell marks

No

Non-traditional marks: Position marks

No

Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)

Yes, an applicant is required to specifically outline the claim(s) being made accompanied by a representation of the trademark evidencing the color(s) claimed in the application in addition to the usual submissions required in an application.

Non-traditional marks: Shape or three-dimensional marks

Yes, a representation of the trademark is required to be filed in addition to the usual submissions in an application.

Documents and information required to file a trademark application include:

• Name and address of the applicant
• Representation of the trademark
• Goods and services and the class(es) for which the trademark is to be registered
• Statutory Declaration
• Power of Attorney
• Other: (1) The name and address of the Anguilla agent representing the applicant. (2) A representation is required where: the name of a wordmark is not in standard characters; the trademark is a label; or a word and logo; contains distinctive lettering. (3) A Statutory Declaration is required only in instances where a claim to Priority is made. In this event, a certified copy of the underlying registration certificate, if available, or the filed application is also required. Documents executed by the applicant are required to be notarized or executed in the presence of a Consul. No legalization is required.

Yes, multi-class applications are permitted in Anguilla. There is no maximum number of classes prescribed for an application. 

Yes, there is substantive examination of trademarks in Anguilla, both on substantive and relative grounds.

Absolute grounds for refusal of a trademark include:

• Mark is not distinctive
• Mark consists of a geographical name
• Other: “(1) contains or consists of a geographical name, or a surname, connected with Anguilla; (2) contains or consists of the Anguilla flag or the official Anguilla crest unless it appears to the Registrar that consent has been given by or on behalf of the Governor and in such a case the registration of the trademark shall not give rise to exclusive rights as established in section 12 in the use of the Anguilla flag or the official Anguilla crest; (3) is identical with, or is an imitation of, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, the Government of Anguilla or any intergovernmental organization or organisation created by an international convention, unless authorised by the competent authority of the Government or organisation; or (4) is identical with, or confusingly similar to, or constitutes a translation of, a trademark or trade name which is well known in Anguilla for identical or similar goods or services of another enterprise.”

Relative grounds for refusal of a trademark in Anguilla include:

• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
• There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark
• Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
• Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark.

The time period from application to registration is between 6-12 months. 

Yes, late renewal of a trademark registration is permissible in Anguilla. The renewal application is required to be filed by or before the expiration date of the registration. Failing this a surcharge is required to be paid in addition to the renewal fee.

No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Anguilla.

No, trademark licensees are not required to record themselves with the Registrar in Anguilla, however, it is recommended that trademark licensees record themselves with the Registrar. If the license is not registered the licensee shall not be entitled to the protection extended to the registered proprietor.

Available enforcement methods in Anguilla include:

• Civil Enforcement
  • infringement action

Although CollectiveTrademarks and CertificationTrademarks are included in the Anguilla Trademarks Act R.S.A. c T30 no regulations have yet been promulgated in Anguilla to facilitate the registration of these types of trademarks.