Financial Services (Trade Marks Fees) Regulations (Revised 2020)

Summary

This regulation sets out the schedule of fees payable to the BVI Financial Services Commission for services under the Trade Marks Act, 2015 and Trade Marks Rules, 2015. It applies to anyone filing trade mark applications, renewals, oppositions, assignments, licences, agent registrations, or other Registrar services in the Virgin Islands.

• Applications and registration: Fees of USD 200 to 250 apply to applications to register trade marks, defensive marks, certification/collective marks, and series of marks, with additional per class or per mark charges.
• Amendments, division and merger: Fees of USD 25 to 150 apply to requests to amend, divide, merge or delete trade mark applications or registrations.
• Objections, oppositions and invalidity: Fees of USD 100 to 250 apply to notices of objection, opposition, withdrawal, revocation, invalidity and cancellation or variation actions.
• Renewals and surrender: Renewal fees of USD 150 to 250 (plus penalties for late renewal) and surrender fees of USD 20 to 30 apply to maintaining or giving up registered trade marks.
• Transactions, licences and agents: Fees of USD 75 to 350 apply to registering transactions, security interests, licences, and to trade mark agent registration (USD 350) and its annual renewal (USD 250).
• Searches, copies and other services: Fees of USD 0 to 50 apply to certified copies, extracts, register inspections, searches, Registrar opinions, hearings, and any other unprescribed Registrar service (USD 30 default fee).

All fees listed in the Schedule are payable to the Commission and are non refundable unless the Trade Marks Act, Trade Marks Rules or other regulations under the Act provide otherwise.

Key obligations

• Applicants and registrants must pay the prescribed fee listed in the Schedule for the relevant trade mark service (application, renewal, amendment, opposition, transaction recordal, agent registration, etc) before the Registrar will provide that service.
• Fees paid under these Regulations are non refundable unless the Trade Marks Act, Trade Marks Rules or other regulations under the Act specify otherwise.
• Trade mark agents must pay an annual renewal fee of USD 250 to maintain their registration as a trade mark agent.

Applies to

trade mark applicants, trade mark owners/registrants, trade mark agents, licensees and assignees of registered trade marks