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14 May 2023FeaturesJurisdiction reportsKeesha Fleming Lake

Caribbean: How Anguilla is transforming its IP system

In April this year, I spoke with the Anguilla intellectual property registrar, T. Lanston Connor and the intellectual property officer, Jemmisa Graneau-Gumbs. We discussed the current operations and future goals at the Anguilla IP office and possible changes to IP legislation in Anguilla. It was evident that Anguilla is paying close attention to the importance of IP protection in the region to ensure effective enforcement of IP rights and anti-counterfeit measures.

The trademark practice in Anguilla and other Caribbean jurisdictions is unique in that in the smaller Caribbean jurisdictions the filings are manual and a physical presence is required at the intellectual property office to conduct business. These manual jurisdictions still operate under legislation that needs updating. Some Caribbean countries have significantly modified their trademark legislative framework, and others are taking extra steps to improve their IP offices and strengthen their legislation.

Even outside of the implementation of new legislation, Anguilla has made changes to encourage a more seamless way of registering trademarks with the recent establishment of an IP office separate from the Companies Registry.

Below I outline some of my questions and the answers from the Registry:

What is the usual processing time for new trademark applications?

New trademark applications are processed immediately and are sent to the Official Gazette by the end of the month in which they are received. These applications are then advertised for a month to allow for objections. At the end of the advertisement period, the new applications are processed within the first week of the new month. This whole process usually takes six weeks to two months, depending on the date that they are submitted to the Registry. Barring any unforeseen issues, clients should expect to have their certificates in hand no later than three months after their filing date.

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