With the new Cayman Islands I.P. laws coming into effect on 1 August 2017, please find below a brief summary of the impacts upon trade marks, designs and patents:

 

Trade Marks

The Trade Marks Law, 2016 abolishes the existing system of the re-registration of national UK registrations, EU trade marks and International Registrations, and replaces it with a substantive law.  Applications will be examined on absolute and relative grounds, and an opposition procedure is being introduced. There is also provision for the registration of collective marks, and certification marks. Contrary to our expectations, however, the new law does not permit the cancellation of registrations on the basis of non-use in the Cayman Islands.

 

Existing registrations will remain in force until their next renewal date, when they can be renewed for a further ten years, although it will no longer be necessary to submit proof of renewal of the UK, EU or International Registration upon which they were originally based. One element of the current law which is being retained is the requirement to pay annual maintenance fees in respect of all registrations on 1 January each year.

 

Designs

The Design Rights Registration Law 2016 provides for the re-registration of UK and European Community designs in the Cayman Islands.  Annual maintenance fees will be payable on such cases in a similar manner to those which fall due on patent and trade mark cases, on 1 January in each year following the local filing date.  In addition, renewal fees are payable to the Cayman Islands Registry upon payment of the corresponding renewal fees in the UK.

 

Patents

It is now possible to comply with the filing formalities when filing a re-registration application by submitting scanned documents rather than originals.  Therefore, it is no longer necessary to submit a certified copy of the UK or EP(UK) patent to the Cayman Islands Registry.

 

Please do not hesitate to contact us if you require any further information.