Design Registration Anguilla

Design registration in Anguilla

Here you can mandate us to obtain design protection in Anguilla.

We will prepare and file your design application in Anguilla and inform you about the progress of proceeding. Our offer includes the fees of the intellectual property office for the application, publication and registration of your design.

An industrial design is registrable if it is new.

Any composition of lines or colours, any three-dimensional form or any material, whether or not associated with lines or colours, is deemed to be an industrial design where such composition, form or material gives a special appearance to a product of industry or handicraft, can serve as a pattern for a product of industry or handicraft and appeals to and is judged by the eye, but with exeption to anything in an industrial design which serves solely to obtain a technical result.

A registered design right in Anguilla will be established through a registration.

The maximum term of industrial design protection in Anguilla is 15 years provided the registration is renewed 2 times for periods of 5 years each. Protection for layout design (Topographie) is limited to 10 years only, and is non-renewable. Similar protection is available in respect of layout-designs of integrated circuits.

The first term of design protection in Anguilla will be five years calculated from the date of filing. In certain cases the date of filing starts 6 months before the actual application date, namely if an application for an industrial design was filed before in a foreign country but not longer than 6 months before the application in Anguilla and if the priority of this foreign application date for the new application in Anguilla was claimed.

The registered design in Anguilla is an unexamined industrial property right. Neither the office nor we will examine the novelty and individual characteristic of your design. Both, novelty and the individual characteristic of the design, will statutorily be presumed because of the registration. These provisions will optimize your legal position: every third person contesting the registered industrial design has the burden of proof that the design had not been known to the public before the priority date.

An industrial design is new if it has not been disclosed to the public anywhere in the world including publication in tangible form or by use or in any other way prior to the filing date or, where applicable, the priority date of the application for registration. Disclosure to the public of an industrial design shall not be taken into consideration if the disclosure occurred within 12 months preceding the filing date (or the priority date of the application) or if the disclosure was by reason or in consequence of acts committed by the applicant or his predecessor in title or of an abuse committed by a third party with regard to the applicant or his predecessor in title.

The right to register an industrial design shall belong to the creator. Where two or more persons have jointly created an industrial design, the right shall belong to them jointly. Where an industrial design is created in execution of an employment contract, the right shall belong to the employer, if not otherwise agreed. The right to an industrial design may be assigned or may be transferred by succession. The creator shall be named as such in the registration of the industrial design unless he indicates a special written declaration signed by him that he does not wish to be so named.

Where the applicant is not the creator, the request shall be accompanied by a statement justifying the applicant’s right to registration of the industrial design.

Two or more industrial designs may be the subject of the same application if they relate to the same class of the Locarno Classification or to the same set or composition of articles.

At the time of filin a request that the publication of the industrial design shall, upon registration, be deferred for a period not exceeding 12 months from the date of filing, or if priority is claimed, from the date of priority of the application is possible.

The office will issue a certificate of registration of the industrial design.

Please review if you have a United Kingdom (UK) design registration. Those are automatically extended to Anguilla.

For the registration of a design in Anguilla you need:

- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);

- drawings, photographs or other adequate graphic representations of the article embodying the industrial design only; views shall show your design in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); please note that the protection will rest on what can be seen in the views only.

- contact details of the client;

- contact details of the to be registered owner of the design right and

- if the registered owner shall be a juristical person we need a copy of the commercial register;

- name of the natural person(s) who created the design; where the applicant is not the creator the request shall be accompanied by a statement justifying the right of the applicant to the registration of the industrial design.

- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;

- in case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.

If you engage us we will render the following services :

- Preparation of the filing including selection of the classes of goods (Locarno-classification);

- Examination of the images in regard to the formal requirements (we do not review if the design has novelty and individual characteristic);

- requesting additional documents or new images;

- legal advice with regard to the filing process and documents;

- sending the prepared filing details to you for review;

- Filing the application at patent office;

- Representation of the applicant in front of the office;

- Payment of the office fee (application fee, registration fee, publication fee);

- Transmission of office documents as well as the letter confirming the application;

- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application;

- Receipt, checking and forwarding of the registration certificate (if available) and a copy of an extract from the register;

- Receipt and transmission of all documents sent from the patent office after the registration;

- docketing and deadline, renewal time monitoring.

Our offer does not include services in regard to oppositions or office actions.