– Trademarks Act, Revised Statutes of Anguilla Chapter T30 (Revises Act 8/2002, in force since August 12, 2002).
– Trademarks Regulations, Revised Regulations of Anguilla T30-1 (Revises R.A. 30/2002, in force since August 23, 2002).

– None.

Applicant: any person for an independent trademark, or any person who is the registered proprietor of a trademark in the United Kingdom. 

Foreigners: must employ a local agent. 

Type of marks: (A) independent; or (B) U.K. trademarks are registrable in Anguilla. There is also provision in the Act for the registration of European Union Trademarks but this regime has not yet come into effect.

(A) Independent trademark may be: (1) any sign capable of being represented graphically, which is capable of distinguishing goods or services of one undertaking from those of other undertakings; (2) a collective mark; or (3) a certification mark; and may, in particular consist of words (including personal names), designs, letters, numerals or the shape of goods and their packaging. 

Service marks: independent service marks may be registered as well as U.K. service marks.

Excluded from registration (Independent): (1) trademarks incapable of distinguishing the goods or services of one enterprise from those of other enterprises; (2) marks identical, or confusingly similar with marks already registered in Anguilla, with respect to such goods or services; (3) if it is likely to mislead the public or trade circles as to the geographical origin or nature or characteristics of the goods or services; (4) if it is contrary to public order or morality; (5) if it is identical with, or is an imitation of or contains as an element, an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any State, intergovernmental organization or organization created by an International Convention, unless authorized by their competent authority; (6) if it is well-known and registered in Anguilla for goods or services which are not identical or similar to those in respect of which registration is applied for, if, in the latter case, use of the trademark in relation to those goods or services would indicate a connection between those goods or services and the owner of the well-known trademark and that the interests of the owner of the well-known trademark are likely to be damaged by such use. 

(B) Excluded from registration (U.K. trademarks): a trademark which (1) contains or consists of a geographical name or surname connected with Anguilla; (2) contains or consists of the flag of Anguilla or the official Anguilla crest; (3) is identical to a name or official sign or hallmark adopted by the Government of Anguilla or intergovernmental organization, unless authorized 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.

Classification: the International Classification (for independent applications and U.K.-based applications). 

Multi-class applications: possible. 

Priority: an application may contain a declaration claiming priority as provided for in the Paris Convention.

Filing requirements for an application (to be sent to resident agent):

(A) For local/independent trademarks:
1. Authorization of agent (power of attorney) – model form provided in regulations may be used;
2. Statement on application giving details of (a) applicant’s name; (b) applicant’s jurisdiction of incorporation; (c) applicant’s address; (d) a reproduction of the trademark (where trademark is other than a word mark in standard letters, 3 additional reproductions of the mark are required).

(B) For marks based on U.K. registrations (in addition to the above):
3. Power of attorney;
4. Certified copy of the U.K. registration.

Note: all documents and other requirements must accompany original application and be submitted at the time of filing. However, a power of attorney appointing an agent may be filed within two months of the application.

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures). Scanned copies of signed documents are accepted, however, the original must be sent within two months of the application date.

Examination: as to completion and execution of the documents and before advertisement.

Publication: the application for an independent trademark is advertised in the Gazette by the Registrar after a formal examination.

Letters of consent: accepted at Registrar’s discretion.

Opposition: possible, by notice in the prescribed form to the Registrar within one month of the advertisement of the application by the Registrar. In the case of registration of U.K. trademarks there is no possibility for opposition.

Duration for independent registrations: ten years from filing date. 

Duration for marks based on U.K. registrations: the duration of the U.K. registration.

Renewals: for same periods on payment of the prescribed fee. Renewal applications for independent registrations may be made during the six months preceding the expiry of the registration. Renewal of the U.K. registration shall be accompanied by the certificate of the renewal signed by the Comptroller General of the U.K. Intellectual Property Office.

Assignments, licenses, changes of name and/or address: should be registered as soon as possible.

Legal effect of a registration: gives prima facie evidence of the right to exclusive use of a trademark.

An interested party may request the Registrar of Trademarks to remove a trademark from the Register on the ground of non-use by the registered owner or a licensee during a continuous period of three years or longer. To avoid cancellation action due to non-use it must be shown that special circumstances prevented use.