United States Virgin Islands Intellectual Property Registration
Companies doing business in U.S. territories and possessions can protect their trademarks by obtaining Federal trademark registrations since the U.S. Trademark Act extends the protection of registered trademarks to all territories which are under the jurisdiction and control of the United States of America.1 A Federal trademark registration can be obtained on the basis of use of a mark within a U.S. territory or use of a mark between the U.S. and a territory, e.g., shipments of trademarked goods from New York to San Juan.2 It is highly advisable to obtain a Federal trademark registration whenever possible, because of the many benefits such registrations provide to a trademark owner.
United States Virgin Islands Intellectual property Registration Key Features
- With regard to other U.S. territories, a Federal trademark registration will protect a mark in these territories although injunctive relief against an infringer will not be available unless the plaintiff’s mark is in use in a territory or has a reputation there.
- As for patent and copyright protection in Puerto Rico and other U.S. territories, these rights arise solely under Federal law and therefore there is no need or possibility to seek additional protection under local territorial laws.
- A Federal trademark registration encompasses all U.S. states as well as territories and possessions, there may be instances where registration in a particular State is advisable, e.g., when a mark is used in the geographically-remote State of Hawaii, or when the localized nature of a business makes a Federal registration unavailable.