Trademarks Law in Falkland Islands (BOT)
Trademark Law in the Falkland Islands
The Falkland Islands does not have its own independent trademark legislation. Instead, trademark protection is extended from the United Kingdom (UK). A UK trademark registration automatically provides protection in the Falkland Islands from the date of the UK registration.
Key Features of Trademark Law in the Falkland Islands
1. Registration System
First-to-file principle: Trademark rights are acquired through registration, not use.
No local registration: It is not possible to register a trademark directly in the Falkland Islands.
UK registration: To obtain protection in the Falkland Islands, a trademark must be registered in the UK.
2. Duration and Renewal
Initial protection: UK trademark registrations are valid for 10 years from the filing date.
Renewal: Registrations can be renewed indefinitely for successive 10-year periods.
3. Use Requirement
Use in commerce: To maintain trademark protection, the mark must be used in commerce.
Non-use cancellation: A trademark may be subject to cancellation if it has not been used for five consecutive years.
4. Opposition and Cancellation
Opposition: Third parties can oppose a UK trademark application during the publication period.
Cancellation: A registered trademark may be subject to cancellation if it conflicts with earlier rights or becomes generic.
5. International Treaties
Paris Convention: The Falkland Islands, through the UK, is a member of the Paris Convention for the Protection of Industrial Property.
Madrid Protocol: The UK is a member of the Madrid Protocol, allowing for international trademark registration through a single application.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | UK Trade Marks Act |
| Registration Authority | UK Intellectual Property Office (UK IPO) |
| Duration | 10 years from filing, renewable every 10 years |
| Opposition Period | During publication period of UK application |
| Use Requirement | Must be used in commerce to maintain protection |
| Non-use Cancellation | After 5 consecutive years of non-use |
| International Treaties | Paris Convention, Madrid Protocol |
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