The revised trademarks law in the Caymans Island

Starting August 1, 2017, the Caymans Island have implemented new dispositions in trademarks law, following the implementation of the Trade Marks Law 2016. This new law was expected, and repeals the old law – The Patents and Trade Marks Law 2011. There are several important changes to the regime of trade marks in the Caymans Island.

1. Noteworthy changes

• Registration directly to the CIIPO: it is official, the prior registration of an English or European trademark to obtain a trademark right in the Caymans Island is not necessary anymore. Registration application can be directly submitted to the CIIPO (Caymans Island Intellectual Property Office).

• Opposition period: it has been implemented by paragraph 16 of the Trade Marks Law 2016. It starts from the date of publication of acceptation of the registration application, and last for 60 days. Previously, a trademark in the Caymans Island was an extension of an English or European trademark, and this period did not exist.

• Absence of revocation for non-use: the possibility of revocation of a trademark for non-use still hasn’t been implemented (§44 of the Trade Marks Law 2016).

2. Application of the law in time

For this purpose, on July 28, 2017 was published the Trade Marks (Transitional provisions) Regulations 2017. This regulation clarifies the consequences of the new regulation on existing trademarks, on pending proceedings, current infringements, assignment and transmission of registered trade mark, licensing.

Starting August 1, 2017, existing trademarks will be transferred to the new registrar, until their renewal date. Then, existing trademarks will be considered subjected to the new law. If the trademark had expired or was pending for non-payment of annual fees, it would not be automatically transferred to the new registrar. In these instances, trademarks owners will have to file for a new trademark application under the new law. Finally, pending disputes concerning a trademark registered under the old law, and infringement cases also registered before the implementation of the new act, are still submitted to the application of the old law.

In conclusion, possibilities are opening up for trademark owners, or future trademark owners, in the Cayman Islands. IPzen’s Trademark Portfolio Management module is the perfect tool to help you manage trademark rights, and gives you access to updated information at a glance. Do not hesitate to contact us for any information about IPzen’s selection of modules.