Trademarks Law in U.S. Virgin Islands (US)
Trademark law in the U.S. Virgin Islands (USVI) is governed both by local territorial law and U.S. federal law, as the territory is an unincorporated territory of the United States. This dual system means trademark owners have two primary avenues for protecting their marks:
🏛️ 1. Federal Trademark Protection (U.S. Law)
The Lanham Act (U.S. Trademark Act of 1946) applies in the U.S. Virgin Islands.
Federal registration through the United States Patent and Trademark Office (USPTO) provides protection throughout all 50 states and U.S. territories, including the USVI.
This is the most common and effective way to secure trademark protection in the Virgin Islands.
📍 2. Local Trademark Protection (Territorial Law)
The U.S. Virgin Islands Code (Title 11, Chapter 21) governs local trademark registration and protection.
Local registration can offer protection only within the territory.
Local registration may be useful for businesses operating solely in the Virgin Islands or wanting added protection alongside federal registration.
Key Features of USVI Local Trademark Law:
Application is submitted to the Office of the Lieutenant Governor, Division of Corporations and Trademarks.
Requires a specimen showing actual use of the trademark in commerce within the Virgin Islands.
Publication of the trademark application may be required.
Term: Registration is valid for 10 years and renewable.
Enforcement: Infringement actions can be brought in the Superior Court of the Virgin Islands.
⏳ Duration and Renewal
| System | Initial Term | Renewal | Use Requirement |
|---|---|---|---|
| USPTO (Federal) | 10 years | Every 10 years (with proof of use between years 5–6) | Mandatory proof of continued use |
| USVI Local | 10 years | Renewable indefinitely | Use required within the territory |
⚖️ Enforcement Options
Federal trademarks can be enforced in U.S. federal courts, including the U.S. District Court of the Virgin Islands.
Local trademarks are enforceable in the Superior Court of the Virgin Islands under territorial law.
Remedies can include injunctions, damages, and seizure of counterfeit goods.
✅ Summary
Federal registration (USPTO) is highly recommended for businesses operating beyond the USVI or online.
Local registration offers additional or alternative protection within the territory.
Both systems require use in commerce, and both offer 10-year renewable terms.
Enforcement is available through local or federal courts depending on the type of registration.
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