The Trade Marks Act 1999 as amended provides for local trademark registrations with effect from the date of application. The Registration of UK Trade Marks Act provides for registration of trademarks currently registered in the UK, which results in extension of identical rights in Montserrat. All UK-based applications in Montserrat require a Certified copy of the underlying UK Certificate of Registration. An action in Montserrat for infringement of a UK-registered trademark can only complain of infringement occurring after the date of registration in Montserrat.
Service marks can be registered in Montserrat via a local application or an application to extend a UK registered service mark, as above. No local use or intent to use is necessary. International priority is not available. The registration term on local applications is 10 years and is renewable for like periods; the term of trademarks registered as UK extensions is coterminous with the underlying UK registration.
Montserrat is a British Overseas Territory and is part of the Leeward Islands in the Lesser Antilles. The first inhabitants of the island were the Arawak and Carib Indians. They named the island Alliouagana, meaning land of the prickly bush. In 1493, after Christopher Columbus claimed the island for Spain, he renamed it to Santa Maria de Montserrat. The British colonized the land in 1632 and has had control of it since. Because Montserrat is located in the hurricane zone, and has dealt with volcanic eruptions, the hope for a stable economic future is shaky. Its capital is Plymouth and the official language is English.
Also known as the “Emerald Isle of the Caribbean” because the majority of its former population came from Ireland, Montserrat is an easily accessible island for its geographical location. More than half of the island has been abandoned and/or destroyed by the Soufriere Hills volcano, which is located in the center of Montserrat. The volcano first erupted in 1995 and has been active ever since. Montserrat’s economy is limited because of a small population but the volcano attracts many tourists. The islands do contain large geothermal wells which have proved to be a potential source of alternative energy. A famous national dish of the island is Goat Water, a type of goat stew.