A registered trademark in the British Virgin Islands is transmissible in the same way as other personal or moveable property. Transmission can be completed by assignment, testamentary disposition, or operation of law. When a trademark is assigned, the owner’s right, title, and interest with respect to the trademark is transferred to the new owner. In general, prompt recording of assignment is important in order to secure your rights to the registered trademark and put the public on notice. Partial vs. Complete Trademark Assignment Under BVI law, a registered trademark may be partially assigned or completely assigned...
In 1989, O'Neal Webster was among the first law firms to establish exclusively in the BVI to serve onshore and offshore commercial, finance, banking, business, and property clients. Today, its practice includes robust expertise in additional areas of corporate, investment funds, intellectual property, insolvency, asset recovery, trusts & estates, and admiralty law. As such, the firm has accumulated a great wealth of knowledge and broad experience in addressing clients' transactional, regulatory, and adversarial matters in the jurisdiction.
Versatile, accessible, and collegial, the firm's lawyers provide sound, practical, and prompt advice from offices in the British Virgin Islands, United Kingdom, and United States. International clients include corporations, major banks, financial services companies, investment funds, high net worth individuals, and law firms. Domestic clients include banks, public utilities, communications companies, statutory corporations, individuals, and tourism sector businesses. Clients appreciate the firm's ability handle their complete legal and advisory needs, and to create opportunities through introductions to others with complementary interests.
With these deep roots in the BVI, the firm's ability to navigate local governing bodies, courts, administrative offices, and enforcement regimes is a definitive advantage for international clients. The firm's intimate jurisdictional knowledge and involvement in developing new BVI products and legislation are also particularly notable for maximizing client outcomes.
Of note, the firm is a BVI registered trademark agent, handling trademark portfolios for brands and companies throughout the world. In addition to providing registration, maintenance, and protection for BVI trademarks, the firm has expertise in handling significant transactions involving the large trademark portfolio acquisitions in chain of title and multiple transaction recordings for mergers and acquisitions.
O'Neal Webster lawyers give back to the community, volunteering their time to civic and cultural non-profit projects, schools and sporting activities, charities, environmental organizations, and pro bono representation for those who need but cannot afford legal services. In 2021, the firm was honored to receive the BVI Financial Services Award for "Best Corporate Social Responsibility" (2020). In accepting the award, Managing Partner Vanessa King explained, "The OW partners have always believed that its role in the community is to be more than a law firm. I understood this greater purpose from the day that I joined the firm, and this responsibility to our community is an essential part of what makes us O'Neal Webster."
Areas of Practice
British Virgin Islands entities and structures are frequently used to hold assets located onshore, outside the BVI. Sometimes these assets represent the proceeds of wrong-doing including breach of fiduciary duty, breach of express trust, or pure fraud. The vast majority of the 400,000 active BVI companies on the register tend to be holding companies, holding real property, investments, or shares in other companies including shares in trading companies. As a result of these facts, BVI vehicles can often end up holding valuable assets onshore which feature in recovery litigation, whether the main proceeding is onshore or in the BVI...
O’Neal Webster advises on multiple fund formations, conversions, and approved manager applications in first half of 2022
O’Neal Webster has advised on the formation or conversion of multiple open-ended British Virgin Islands investment funds in the first two quarters of 2022, whether as incubator, approved, or professional funds. And, a mix of funds structured as segregated portfolio entities is again on the rise. The firm has also advised on several approved manager applications for clients primarily based in North America and Asia. These managers are being used to manage BVI funds and non-BVI funds set up onshore or in other offshore business finance centers...
O’Neal Webster advised Fredonia Management Limited on the listing of its gold and silver exploration business on the Toronto Venture Exchange by way of a three-cornered BVI statutory merger. O’Neal Webster acted as British Virgin Islands counsel to Fredonia Management Limited (Fredonia Management) in its three-cornered statutory merger with Fredonia Mining Corp., a BVI incorporated subsidiary of Fredonia Mining Inc. (formerly Richmond Road Capital Corp), under BVI law in a Qualifying Transaction in accordance with Toronto Venture Exchange guidelines. As a result of the three-cornered merger, Fredonia Management shareholders are now shareholders of the listed entity, Fredonia Mining Inc...